context: Several other courts have agreed that there are limits to the actions which the discretionary function exception was designed to shield. As the Second Circuit explained, the Supreme Court's "rejection [in Gaubert ] of any simplistic reliance on the dichotomy between planning-level actions and operation-level actions" did not abolish the requirement that policy considerations "remain the touchstone for determining whether the discretionary function exception applies."
citation_a.signal: no signal
citation_a.identifier: 952 F.2d 652, 654
citation_a.parenthetical: held that the negligent omission of a warning of unsafe laboratory conditions unnecessarily placing the lives of workers at risk could not have been grounded in a policy scheme
citation_a.sentence: Andrulonis v. United States, 952 F.2d 652, 654 (2nd Cir.1991) (held that the negligent omission of a warning of unsafe laboratory conditions unnecessarily placing the lives of workers at risk could not have been grounded in a policy scheme), cert. denied, 505 U.S. 1204, 112 S.Ct. 2992, 120 L.Ed.2d 869 (1992).
citation_b.signal: see also
citation_b.parenthetical: failure to require specific safety equipment was not subject to discretionary function exception
citation_b.sentence: See also Myers v. United States, 17 F.3d 890 (6th Cir.1994) (held that the discretionary function did not shield the Mine Safety and Health Administration from an action by survivors of a mine explosion because the safety inspectors were not authorized to conduct their inspections on the basis of social, economic or political policy); Routh v. United States, 941 F.2d 853 (9th Cir.1991) (failure to require specific safety equipment was not subject to discretionary function exception).