Thomas C. Pate v. Oakwood Mobile Homes, Inc.

BARKETT, Circuit Judge:

The United States appeals a judgment awarding damages to Thomas Pate (“Pate”) 1 against the Occupational Safety and Health Administration (“OSHA”) pursuant to the Federal Tort Claims Act (“FTCA”) for injuries Pate suffered as a result of unsafe work conditions at his work site. The United States challenges the district court’s legal conclusion that OSHA’s negligence in this case creates a cognizable claim under the FTCA. Because we agree that there is no basis for liability under the facts of this case, we reverse.

BACKGROUND

Pate, a roofer employed by the private roofing…