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• Status: Archived

Archive Notice - OSHA Archive

NOTICE: This is an OSHA Archive Document, and may no longer represent OSHA Policy. It is presented here as historical content, for research and review purposes only.


December 13, 1988

MEMORANDUM FOR: REGIONAL ADMINISTRATORS

FROM: LEO CAREY, DIRECTOR
OFFICE OF FIELD PROGRAMS

SUBJECT: Tort Claims


Attached for your information is a recent memo from the Solicitor of Labor concerning tort claims involving federal employees. It is our understanding that although the Federal government can still be sued under the Federal Tort Claims Act, CSHO's can no longer be sued in their individual capacity. Under, rare circumstances, they could still be sued for a constitutional infraction, e.g., violation of due process or revealing a confidential source.

Please notify your employees that if anyone is sued, they should alert my office through the Regional Administrator and the Regional Solicitor's office immediately, as a time limitation is imposed.

Attachments



November 30, 1988


MEMORANDUM FOR ASSOCIATE SOLICITORS
REGIONAL SOLICITORS
ASSOCIATE REGIONAL SOLICITORS

FROM: GEORGE R. SALEM

SUBJECT: Federal Employees Liability Reform and Tort Compensation Act of 1988


President Reagan signed the Federal Employees Liability Reform and Tort Compensation Act of 1988 (Public Law 100-694) on November 18, 1988. The purpose of the Act is to protect Federal employees from personal liability for common law torts that are committed within the scope of their employment. The Act makes the Federal Tort Claims Act the exclusive remedy for individuals who suffer a loss arising out of a federal employee's conduct. Pending on, or filed on or after November 18, 1988. The Act expressly does not apply to constitutional claims or to claims based upon a federal statute authorizing suit against individuals. Under the Act, the Attorney General or his designee (i.e., U.S. Attorneys and Tort Branch Directors) shall make a certification that the employee was acting within the scope of their office or employment at the time the incident occurred. Once this certification is issued, the Court must dismiss the individual defendant and substitute the United States as the sole defendant in the action.

Attached is a copy of the Department of Justice's memorandum relating to this Act. Included in the Justice Department package is a copy of the Act, its legislative history and an analysis. Also included is a sample Certification and Memorandum in Support of a Motion to Substitute the United States. If you have any questions, please contact Larry F. Gottesman, Acting Counsel for Claims, Division of Employee Benefits at (FTS/202) 357-0439.



Archive Notice - OSHA Archive

NOTICE: This is an OSHA Archive Document, and may no longer represent OSHA Policy. It is presented here as historical content, for research and review purposes only.


Standard Interpretations - Table of Contents Standard Interpretations - (Archived) Table of Contents