ABSTRACT

Society's oversight of mass experiments on Americans, through law, occurs in several stages and in several compartments. At any time, many kinds of investigations are going on about the risks of particular products and activities. A different rendering of the workplace environment appeared in testimony of a lawyer who represented employers in occupational safety cases. The effects of various constraints on experimentation differ with respect to how much they restrain harmful experimental conduct—and drug by drug, workplace by workplace, and outdoor environment by environment, we are all frequently conducting, and having conducted upon us, experiments in risk. The risks and injuries that arise from these experiments sometimes move to the foreground of the various kinds of lawmaking that bear on the many facets of our experimental society. Chief among these kinds of lawmaking is legislation, both federal and state.