OSHA goes after your gun rights!

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Hooked_on_Coues

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I copied this off another forum, sorry for the plagerism but it is well written and explains the problem. This is a BIG deal! Get ready to call everyone you know and their friends too...

In Response To: Re: Powder Shipping Ban (Scota4570)

I took the time to pare it down to the Reader's digest version:

VIII. State Plan Standards

OSHA invites comments on all aspects of the proposed rule. ?.

You may submit comments in response to this document (1)
electronically at http://www.regulations.gov, which is the Federal

Comments and submissions in response to this Federal Register
notice are posted without change at http://www.regulations.gov

Electronic copies of this Federal Register document are available
at http://regulations.gov.

other relevant information, also are available at OSHA's Web page at
http://www.osha.gov.

Blasting agents, Explosives, Health, Occupational safety and
health, Pyrotechnics, Safety.

XII. Authority and Signature

Signed at Washington, DC on April 4, 2007.
Edwin G. Foulke, Jr.,
Assistant Secretary of Labor for Occupational Safety and Health.

XIII. Amendments to Standards

For the reasons set forth in the preamble, OSHA proposes to amend
Part 1910 of Title 29 of the Code of Federal Regulations as follows:

PART 1910--[AMENDED]

Sec. 1910.109 Explosives.

(a) Scope. (1) This section applies to the manufacture, storage,
sale, transportation, handling, and use of explosives, including
blasting agents and pyrotechnics.

Explosive means any device, or liquid or solid chemical compound or
mixture, the primary or common purpose of which is to function by
explosion.

(i) The term ''explosive'' includes all material included as a
Class 1 explosive by DOT in accordance with 49 CFR chapter I. The term
includes, but is not limited to, dynamite, black powder, pellet
powders, detonators, blasting agents, initiating explosives, blasting
caps, safety fuse, fuse lighters, fuse igniters, squibs, cordeau
detonant fuse, instantaneous fuse, igniter cord, igniters,
pyrotechnics, special industrial explosive materials, small arms
ammunition, small arms ammunition primers, smokeless propellant,

(Ammo and Smokeless powder are now upgraded in hazard designation to the same as real explosives like det? chord and dynamite)

(c) General provisions. (1) Explosives hazards. The employer shall
ensure the following:

(ii) Only persons trained in accordance with paragraph (j) of this
section handle or use explosives;

(This means the UPS guy can not transport them)

(3) Fire and Explosion Prevention. (i) The employer shall ensure

(C) No person carries firearms, ammunition, or similar articles in
facilities containing explosives or blast sites except as required for
work duties; and

( Bye-Bye indoor shooting range, in a gun shop it is impossible by this)

(

(iii) Explosives are not transferred from one vehicle to another
without informing local fire and police departments. A competent person
shall supervise the transfer of explosives. In the event of breakdown
or collision, the local fire and police departments shall be promptly
notified;

(UPS etc. cannot ship under these rules)

(2) Vehicles. (i) The employer shall ensure that any vehicle used
to carry explosives:

(A) Is able to safely carry the designated load;

(B) Has close-fitting floors; and

(C) Has wood or other non-sparking materials covering any exposed
spark-producing metal on the inside of the vehicle body.

(That does not sound like a UPS truck)

(C) Except under emergency conditions, no vehicle containing
explosives is parked before reaching its destination on any public
street adjacent to or in close proximity to any place of employment;

(The UPS guy can not leave his truck to deliver other stuff)

(2) Small arms ammunition. The employer shall ensure that small
arms ammunition is separated from flammable liquids, flammable solids,
and oxidizing materials, by a fire barrier wall with at least a 1-hour
rating or by a distance of at least 25 feet (7.6 m).

(A gun shop cannot do this)

(3) Smokeless propellants. (i) The employer shall ensure that:

(A) All smokeless propellants are stored in shipping containers in
accordance with DOT regulations at 49 CFR part 173 for smokeless
propellants; and

(B) No more than 20 pounds (9.1 kg) of smokeless propellants, in
containers not to exceed 1 pound (.45 kg), are displayed in a
commercial establishment.

(ii) For commercial stocks of smokeless propellants, the employer
shall ensure the following:

(A) Quantities over 20 pounds (9.1 kg) and not exceeding 100 pounds
(45.4 kg) are stored in portable wooden boxes having walls at least 1-
inch (2.54 cm) thick;)

.

(4) Small arms ammunition primers. (i) The employer shall ensure
that:

(A) Small arms ammunition primers are stored in shipping containers
in accordance with the applicable regulations of DOT (49 CFR chapter
I);

(B) Small arms ammunition primers are separated from flammable
liquids, flammable solids, and oxidizing materials by a fire barrier
wall with at least a 1-hour rating or by a distance of at least 25 feet
(7.6 m); and

(C) No more than 10,000 small arms primers are displayed in a
commercial establishment.
 
Labor Department Announces It Will Revise
Overreaching OSHA Explosives Rule



The Occupational Safety and Health Administration (OSHA) announced it will significantly revise a recent proposal for new ?explosives safety? regulations that caused serious concern among gun owners. OSHA had originally set out to update workplace safety regulations, but the proposed rules included restrictions that very few gun shops, sporting goods stores, shippers, or ammunition dealers could comply with.



Gun owners had filed a blizzard of negative comments urged by the NRA, and just a week ago, OSHA had already issued one extension for its public comment period at the request of the National Shooting Sports Foundation. After continued publicity through NRA alerts and the outdoor media, and after dozens of Members of Congress expressed concern about its impact, OSHA has wisely decided to go back to the drawing board.



Working with the NRA, Congressman Denny Rehberg (R-MT) planned to offer a floor amendment to the Labor-HHS appropriations bill this Wednesday when the House considers this legislation. His amendment would have prohibited federal funds from being used to enforce this OSHA regulation.



Such an amendment is no longer necessary since Kristine A. Iverson, the Labor Department's Assistant Secretary for Congressional and Intergovernmental Affairs, sent Rep. Rehberg a letter, dated July 16, stating that it ?was never the intention of OSHA to block the sale, transportation, or storage of small arms ammunition, and OSHA is taking prompt action to revise? this proposed rule to clarify the purpose of the regulation.



Also, working with the NRA, Congressman Doug Lamborn (R-CO) gathered signatures from 25 House colleagues for a letter, dated July 11, expressing concerns about this proposed OSHA rule. The letter calling the proposal ?an undue burden on a single industry where facts do not support the need outlined by this proposed rule? and ?not feasible, making it realistically impossible for companies to comply with its tenets.?



The OSHA proposal would have defined ?explosives? to include ?black powder, ? small arms ammunition, small arms ammunition primers, [and] smokeless propellant,? and treated these items the same as the most volatile high explosives.



Under the proposed rule, a workplace that contained even a handful of small arms cartridges, for any reason, would have been considered a ?facility containing explosives? and therefore subject to many impractical restrictions. For example, no one could carry ?firearms, ammunition, or similar articles in facilities containing explosives ? except as required for work duties.? Obviously, this rule would make it impossible to operate any kind of gun store, firing range, or gunsmith shop.



The public comment website for the proposed rule is no longer accessible. The Labor Department will publish a notice in the July 17 Federal Register announcing that a new rule proposal will soon be drafted for public comment. Needless to say, the NRA monitors proposed federal regulations to head off this kind of overreach, and will be alert for OSHA?s next draft.

We will post the letter to Congressman Rehberg shortly.
 

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