The appellants are the widow and minor child of William A. Kirk, who lost his life when he fell from a scaffold upon which he was working as a carpenter during the construction of the Lucky Peak Dam on the Boise River in Idaho.

This is the second appearance of this case in this Court. Following the filing of the original complaint and before the filing of answer, the defendant moved the district court for summary judgment in its favor. The motion was granted and summary judgment entered. Following the memorandum decision 1 of the district court, plaintiffs sought leave to file an amended complaint, which motion was denied. On appeal, this Court reversed the judgment and remanded the cause to the district court “with directions to permit the requested amendment of the complaint, and to require the defendant to answer thereto, and to proceed with the trial of the cause upon the merits.” 9 Cir., 232 F.2d 763, 770 . In that opinion this Court, in substance, held that the plaintiffs’ action under the wrongful death statute of the State of Idaho against the United States for negligence, as authorized under the provisions of the Federal Tort Claims Act, Title 28 U.S.C.A. Sections 2674 to 2680, is not barred by the Idaho Workmen’s Compensation Act, I.C. § 72-101 et seq., but may be brought in the same manner as any injured employee may bring an action against a third party who is not an employer within the definitions of said workmen’s compensation act. Following remand, the cause was tried on the merits before the district court sitting without a jurg, as required by statute. 2 Jurisdiction of the district court was based on Section 1346(b), Title 28 U.S.C.A. 3 Sec *112 tion 2674, Title 28, provides: “The United States shall be liable * * * in the same manner and to the same extent as a private individual under like circumstances, but shall not be liable for interest prior to judgment or for punitive damages.

“If, however, in any case wherein death was caused, the law of the place where the act or omission complained of occurred provides, or has been construed to provide, for damages only punitive in nature, the United States shall be liable for actual or compensatory damages, measured by the pecuniary injuries resulting from such death to the persons respectively, for whose benefit the action was brought, in lieu thereof.”

The action was predicated upon the wrongful death statute of the State of Idaho. 4

Lucky Peak Dam and the control works thereof were upon land in the possession of and owned by the United States. The control works at the outlet of the dam were being constructed in accordance with plans and specifications prepared by the Department of the Army, Corps of Engineers, under a contract between the United States and Bruce Construction Co. and Russ Mitchell, Inc., independent contractors. Kirk was employed by the contractors as a carpenter, and was not an employee of the United States.

The area where Kirk worked consisted of the top of the control works tower as it was formed of concrete and raised above the river. The concrete was poured inside of forms which were connected to the tower by she-bolts. These bolts tied into the previously poured section below and to the steel reinforcing iron in the area where the new concrete was to be poured. On the back of the form were two scaffold walkways, one above the other, and each protected by guard rails on the outer side. These forms and attached scaffolds could be moved from one pouring area to the next individually or in groups fastened together with three-quarter inch bolts. The forms were strongly constructed and it was the usual practice to move as a unit several forms bolted to each other. Each form had two “eyes” on its top corners to which lines from a crane could be inserted when the form was to be lifted and moved to another pouring location.

On the date of the accident Kirk was working on two panels of forms which were tied into the concrete and reinforcing steel by she-bolts. These forms were twenty and five feet wide respectively, and were 70 or 80 feet high directly over the river. Approximately five days before the accident some of the she-bolts and all of the three-quarter inch bolts holding the two forms together had been removed on orders of the foreman of the contractors.

On the day of the accident lines were run from a crane and attached to “eyes” at the top of the outer side of the two forms for the purpose of lifting both forms as a unit. After other employees of the contractors had removed the she-bolts on which they were working, they stepped off of the form. Kirk was still engaged in removing the last she-bolt. At the time, or immediately after, the *113 last she-bolt was removed by Kirk the structure collapsed at the point where the two panels were joined, plunging Kirk into the river. He was carried by the current into a tunnel under the dam, through which most of the water of the river was being diverted during construction. His body was recovered some time later. The position of Kirk immediately prior to the accident was variously described by witnesses as the upstream end of the 20-foot section, the downstream end, and toward the middle to the two sections.

After falling into the river Kirk was seen floating on the water. One witness testified as to hearing him call out. Another witness testified, however, that Kirk “paddled unconscious like” for a few seconds.

Following Kirk’s death, the plaintiffs duly filed a claim against the United States, which claim was rejected. Subsequently plaintiffs recovered the “death award” under the provisions of the Workmen’s Compensation Act of Idaho.

The contract under which the control works at the outlet of the dam was being constructed is typical of contracts used by the Corps of Engineers in the construction of flood control and related projects. It consists of 16 printed pages, together with detailed specifications, schedules, drawings and conditions. The employers of Kirk were required to furnish the materials and perform the work for completion of the dam “in strict accordance with specifications, schedules, drawings and conditions * * * ” Under the contract all material and workmanship is subject to inspection, examination and test by representatives of the contracting officer at any and all times during manufacture and/or construction, and the United States retains the right to reject defective material and workmanship or require its correction.

Article 30 of the contract provides:

The manual “Safety Requirements” mentioned in Article 30 of the contract *114 was received into evidence. The foreword of the manual states:

Under the designated headings appear the following:

There was also received in evidence certain army regulations, manuals and directives. Among these are Army Regulation 100-70; Army Regulation 385-10; Paragraph 2009.1A, Volume 2, of General Manual of the Department of the Army, Corps of Engineers; and Safety Policy and Procedure Manual, North Pacific Division, Corps of Engineers, Portland, Oregon.

Army Regulation 100-70 provides that the Chief of Engineers, under the authority of the Commanding General, Services of Supply, and the Secretary of War, is charged with the direction of all work pertaining to the design and construction of buildings, structures, and utilities for the Army. Section 5 thereof, entitled “Orders and Regulations” states that general policies, details of organization, and contractual authority of field agents of the Corps of Engineers, together with detailed instructions governing administrative functions on new construction projects are prescribed by the Chief of Engineers and contained in Orders and *115 Regulations, Corps of Engineers, and manuals supplementary thereto.

Section 12 thereof provides:

Army Regulation 385-10 is entitled “Safety — Army Safety Program.” Section la thereof provides:

Paragraph 2009.1A, Volume 2 of the General Manual of the Corps of Engineers reads:

The Safety Policy and Procedure Manual is designed to provide the district engineers and the chiefs of the various staff components of the district organizations within the North Pacific Division with a concise statement of policy and procedure on accident prevention administration. Under the heading “General Policy” appears the following relating to the safety program:

In paragraph 10, under the heading “Application to Contract Operations” is the following:

The United States was represented on the project by inspectors whose duty it was to see that the contract provisions were complied with by the contractors, including the safety provisions contained in Article 30 thereof.

The record is clear that Kirk had been furnished with a safety belt to which was attached a rope four or five feet long, to be used for security purposes. The record is likewise clear that the inspectors of the United States were unaware of the fact that the she-bolts attaching the forms to the concrete structure had been removed. There were no safety nets under the scaffolding and no trail ropes, ring buoys or safety skiffs in or near the area where Kirk plunged into the river. Life preservers were available, but had not been used. There was no other safety or rescue equipment at hand.

The district court found that Kirk at and prior to the time of the accident had not secured himself to the form or structure with the rope attached to his safety belt. The district court further found that the employees of the contractors were negligent in the manner in which the forms were being moved, and that the United States was not negligent in any regard, either in connection with the safety regulations, or otherwise. The court concluded that the proximate cause of the accident was the negligent manner in which the forms were being moved by the contractors, and that the negligence of Kirk in failing to secure himself proximately contributed to the accident and Kirk’s death. Judgment was entered in favor of the United States.

Appellants do not contend that the liability of the United States arises out of the express provisions of the contract. They do not contend that the United States had any control over the employees of the contractors as to the method or manner in which they performed their work. They do not contend that the United States exercised or attempted to exercise any control or direction over such employees. They do not contend that in causing the dam to be constructed the United States was engaged in an “extra hazardous” activity. They do not contend that the United States interfered in any way with the work being performed by the contractors. They do not contend that Kirk’s death was in any manner caused by the condition of the premises on which the construction work was being performed.

In short, the appellants recognize the generally applied and well established rule that a contractee is generally not liable for the torts of an independent contractor or of the latter’s servants. See Am.Jur. Vol. 27, § 27, page 504 et seq. and 1959 cumulative supplement thereto. Apparently this rule prevails in the State of Idaho. Moon v. Ervin, 64 Idaho 464 , 133 P.2d 933 ; Gifford v. Nottingham, 68 Idaho 330 , 193 P.2d 831 . The fact that the United States retained the right to inspect the work under construction to see that the provisions of the contract were carried out and also retained the right to stop work if they were not is not sufficient in itself to make the *117 United States liable for damage resulting from negligence of the contractors in their performance of the contract. Gallagher v. United States Lines Co., 2 Cir., 206 F.2d 177 ; Alexander v. Frost Lumber Industries, D.C., 88 F.Supp. 516 , affirmed 5 Cir., 187 F.2d 27 ; McDonald v. Shell Oil Co., 44 Cal.2d 785 , 285 P.2d 902 .

While appellants rely on many specifications of error, they largely revolve around appellants’ main contention which is that the United States was under a legal duty to Kirk to inspect and test the scaffold and movable forms and to carry out a continuous and comprehensive accident prevention and rescue program for the protection not only of the employees of the United States but of the employees of the independent contractors, of which Kirk was one. Appellants argue that such legal duty is enjoined by statute, by the Army regulations, safety manuals and directives above mentioned. They further contend that such legal duty is non-delegable and that contributory negligence constitutes no defense to an action predicated on the breach of such duty.

Appellants claim that such legal duty was breached by the failure of the employees of the United States (a) to inspect the joined panels which were being moved; (b) to see that Kirk was "provided with a rope of sufficient length to be attached to his safety belt so that he could be secured while moving from the scaffold where he was working to the safety of an adjoining form which was not to be moved; (c) to discover that the three-quarter inch bolts securing the forms together and some of the she-bolts had been removed on orders of the contractors several days before the accident; (d) to require the installation of nets under the scaffolds; (e) to see that trail ropes, life rings and rescue equipment were available in the area where Kirk plunged into the river; and (f) to provide a water rescue procedure plan.

Finally, appellants claim that the employees of the United States were negligent by act and omission in breaching this legal duty, and upon such premise the appellants are entitled to recover against the United States under the Federal Tort Claims Act.

The fatal weakness of appellants’ position, as we see the problem, is that appellants have utterly failed to establish the existence of the legal duty upon which they rely. The statute relied upon by the appellants to support their position is 33 U.S.C.A. § 701b, which provides:

While this statute clearly authorizes the execution of the contract on behalf of the United States, we are unable to find therein any intent, expressed or implied, on the part of Congress to establish a duty of care on behalf of the United States toward employees of an independent contractor, or to authorize the creation of such duty by the Secretary of the Army or the Chief of Engineers through the issuance of regulations, manuals or directives. The statute is silent as to the creation of any duty of care on the part of the United States toward the class of which Kirk was a member. The statute defines no degree of care which shall be exercised by the Department of the Army under any specified circumstances. If the United States is to be made liable to the employees of independent contractors engaged in the construction of a project under the jurisdiction of the Department of the Army, such liability must be created by legislative act and not judicial fiat. The general rule is that a statute which does not purport to establish a civil liability, but merely makes provision to secure the safety or welfare of the public as an entity, is not subject to a construction establishing a civil liability. 50 Am. Jur. 582 , Statutes, § 586.

*118 Since the statute upon which appellants rely created no legal duty on the part of the United States, it necessarily follows that no legal duty on the part of the United States was created by regulations, manuals and directives purportedly authorized under the statute. ' Regulations of a department must be issued within the powers conferred by Congress and must be addressed to and be reasonably adapted to the enforcement of an Act of Congress. See 91 C.J.S. United States § 31, p. 68.

We agree with the following statement which appears in the memorandum decision of the trial court:

The judgment of the district court is affirmed.

. D.C., 124 F.Supp. 233 .

. Section 2402, Title 28 U.S.C.A.

. “§ 1346(b) * * * the district courts * * * shall have exclusive jurisdiction of civil actions on claims against the *112 United States, for money damages, accruing on or after January 1, 1945, for injury or loss of property, or personal injury or death caused by the negligence or wrongful act or omission of any employee of the Government where acting within the scope of his office or employment, under circumstances where the United States, if a private person, would be liable to the claimant in accordance with the law in the place where the act or omission occurred.”

. Section 5-311, Idaho Code. “When the death of a person, not being a minor, is caused by the wrongful act or neglect of another, his heirs or personal representatives may maintain an action for damages against the person causing the death; or if such person be employed by another person who is responsible for his conduct, then also against such other person. In every action under this and the preceding section, such damages may be given as under all the circumstances of the case may be just.”