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OSHA - doesn't apply to you? think again!!!

4K views 26 replies 12 participants last post by  RifleFan 
#1 ·
#2 · (Edited)
I've been reading the regulation. OSHA claims to have consulted with the industry and SAMMI in the past, but obviously they are ignoring them now. The late Senator Daniel Patrick Moynihan once opined that regulating ammunition rather than guns was an opening for gun control advocates to exploit, and here it is. OSHA-employed anti-gun activists or those who got their OSHA jobs through the political influence of an elected anti-gunner have clearly done this on purpose or been put up to it by their political patrons.
 
#3 ·
Well, despite what OSHA might say or what OSHA might want, there are a few significant details that they have seemingly overlooked- or that the NRA is trying to "spin" for effect.

* The BATFE is the entity that classifies items such as primers, smokeless and blackpowder. The BATFE says that blackpowder is an explosive, the others are not. OSHA does not have the authority to say otherwise.

* In reference to the above, with as few gunshops that carry blackpowder anymore, how can OSHA enforce it's rules against BATFE? The average gunshop no longer carries blackpowder (too many different rules), and smokeless is not an explosive.

This "proposed legislation" is absurd to the point of being suspicious. Rules like these that make their own labels regardless of legal guidelines rarely get past the idea stage- thank God. The bigger question is " What's up OSHA's sleeve" and why?
These are tough times, my friends. We need to stand together.
 
#4 ·
OSHA isn't countering BATF regulation with this, they are layering it on top of the BATF regulations. Government regulatory agencies layer rules on each other on all the time. As long as there is no direct conflict like one saying you must use only green lighting while the other says you must use only red lighting, there is no interference to resolve. You just have to comply with both.
 
#5 ·
I have a graduate degree in Occupational Safety and Health and I have studied OSHA for many years. This goes beyond stupidity and is by far the most absurd proposed rule they have put out. This is clearly a back door attempt at controlling access to ammunition. We should speak loudly against this. I can't believe President Bush and Secretary Chao would let this go through? Something is up. They should step forward and squash this right now. The guys at NRAHQ better be putting the heat on big time over this one.
 
#6 · (Edited)
This is the real deal

This is not alarmist, it is THE REAL DEAL!!!

OSHA is APPOINTED. They are BUREAUCRATS!! Their regulations can be implemented
without much congressional oversight. IT IS BAD when an agency Writes the regulations it then enforces! After all, the BATFE writes the regs to implement the law it is tasked to enforce!
This warning originates from the NSSF NOT the NRA!!

http://www.nssf.org/news/PR_idx.cfm...PR=BP070207.cfm
quote
"Proposed OSHA Regulation Threatens
Firearm and Ammunition Industry


The Occupational Safety and Health Administration (OSHA), the government agency charged with assuring the safety and health of America's workers, is proposing a regulatory rule affecting the manufacturing, transportation and storage of small arms ammunition, primers and smokeless propellants.

As written, the proposed rule would force the closure of nearly all ammunition manufacturers and force the cost of small arms ammunition to skyrocket beyond what the market could bear—essentially collapsing our industry. This is not an exaggeration. The cost to comply with the proposed rule for the ammunition industry, including manufacturer, wholesale distributors and retailers, will be massive and easily exceed $100 million. For example, ammunition and smokeless propellant manufacturers would have to shut down and evacuate a factory when a thunderstorm approached and customers would not be allowed within 50 feet of any ammunition (displayed or otherwise stored) without first being searched for matches or lighters.

NSSF and SAAMI have already had a preliminary meeting with OSHA officials to begin the process of explaining to them the major problems this proposed rule presents for all levels of the firearms and ammunition industry. Furthermore, NSSF and SAAMI are each seeking a 60 day extension of the public comment period (currently scheduled to expire July 12).

NSSF is urging all retailers to contact OSHA directly and request a 60-day extension of the public comment period. Retailers should inform OSHA that the proposed rule constitutes a "significant regulatory action" as defined in Executive Order 12866 (1993) Section 3(f)(1) in that it will clearly "adversely affect in a material way" the retail sector of the firearms and ammunition industry, productivity, competition and jobs and that the annual compliance cost for all retailers of ammunition will far exceed $100 million dollars.

Click here for a template letter. If you choose to draft your own letter, the reference line must read as follows:

RE: Docket No. OSHA–2007–0032
Request to Extend Public Comment Period and Request for Hearing on
"Significant Regulatory Action" as Defined in Executive Order 12866

Please fax the letter to: 202-693-1648 (include the docket number and Department of Labor/OSHA on the cover sheet and in the reference section of your letter).

Please e-mail the letter by visiting: http://www.regulations.gov and following the submission instructions."

By the way, Senators Kennedy, Clinton, and Obama are on the oversight committee for OSHA!

Here is the link to the OSHA document.


http://www.regulations.gov/fdmspublic/component/main?main=DocumentDetail&d=OSHA-2007-0032-0001

Open it, click on the PDF symbol and save it to disc so you can take your time
reading it. Among other things, they are redefining as explosives small arms ammunition, primers and smokeless propellant.

Waste no time, THIS IS BAD!
 
#7 ·
Here's my "home written" letter (written before I read the NSSF one...

RE: OSHA-2007-0032-0001

I live in Indiana, home of the National Muzzle Loading Rifle Association. The Traditional Americaln sport of Black Powder Muzzloading Rifle Competition is already being not so slowly squeezed out of existence by the regulation of Black Powder.

Flintlock and Wheellock muzzleloaders require real Black Powder to function - modern substitutes have too high an ignition temperature to work properly, if at all. However, it is now the case that, because of the cost of complying with the regulation of Black Powder as an Explosive, there are often fewer than two or three retailers in an entire State that will carry real Black Powder.

This Rule Update will make that worse, and will carry that regulatory burden even further into the realm od Smokeless Powder cartridge reloading.

The requirements described on Pg 53 and 54 will make it almost impossible for small gunshops to maintain enough reloading supplies to have a viable product mix. There are over 20 different brands and formulations of smokeless powders - making it impossible for a business to be able to offer them all on display. Likewise, many private reloaders prefer to buy in bulk, more than 1lb at a time, and this regulation would make extant 4lb and 8lb canisters illegal.

Also, most shops would have to undergo major architectural rennovations to comply with storage requirements. The net effect of this will be to drive retailers to discontinue all reloading supply sales.

The net result of this regulation will not be more safety, but less, as reloaders make a run on supplies to keep at their homes - possibly in violation oflocal Fire Codes.

Regulation has all but killed America's First Sport. This looks to finish off shooting alltogether.

I am asking my Congressmen to vigorously oppose this Legislation without Representation.
 
#8 ·
You may submit comments, identified by Docket No. OSHA-2007- 0032, by any of the following methods:

Electronically: You may submit comments and attachments electronically at http://www.regulations.gov, which is the Federal eRulemaking Portal. Follow the instructions on-line for making electronic submissions.

Fax: If your comments, including attachments, do not exceed 10 pages, you may fax them to the OSHA Docket Office at (202) 693-1648.

Mail, hand delivery, express mail, messenger or courier service: You must submit three copies of your comments and attachments to the OSHA Docket Office, Docket No. OSHA-2007-0032, U.S. Department of Labor, Room N-2625, 200 Constitution Avenue, NW., Washington, DC 20210. Deliveries (hand, express mail, messenger and courier service) are accepted during the Department of Labor"s and Docket Office"s normal business hours, 8:15 a.m.-4:45 p.m., e.t.

Instructions: All submissions must include the Agency name and the docket number for this rulemaking (Docket No. OSHA-2007-0032). All comments, including any personal information you provide, are placed in the public docket without change and may be made available online at http://www.regulations.gov. Therefore, OSHA cautions you about submitting personal information such as social security numbers and birthdates.

For further information on submitting comments, plus additional information on the rulemaking process, see the Public Participation heading in the SUPPLEMENTARY INFORMATION section of this document. Docket: To read or download comments and materials submitted in response to this Federal Register notice, go to Docket No. OSHA-2007- 0032 at http://www.regulations.govor at the OSHA Docket Office at the address above.

All comments and submissions are listed in the http:// http://www.regulations.govindex, however, some information (e.g., copyrighted material) is not publicly available to read or download through that Web page. All comments and submissions, including copyrighted material, are available for inspection and copying at the OSHA Docket Office. For information on accessing exhibits referenced in this Federal Register notice, see the References and Exhibits and Public Participation headings in the SUPPLEMENTARY INFORMATION section of this document. Electronic copies of this Federal Register document are available at http://regulations.gov.

Copies also are available from the OSHA Office of Publications, Room N-3101, U.S. Department of Labor, 200 Constitution Avenue, NW., Washington DC 20210; telephone (202) 693- 1888. This document, as well as news releases and other relevant information, also are available at OSHA"s Web page at http://www.osha.gov.
 
#9 ·
This is one issue that every gun owner, every reloader and every single person that believes in the 2nd amendment should get into. If all the folks that didn't like what Jim Zumbo did this is something far worse.

If you want to continue shooting sports as we know it the time is now to start contacting your government Representatives.

This issue is going to be decided in just a few days, don't let it get by.
 
#10 ·
Commenting, Step by Step:

Go to http://www.regulations.gov/

Scroll down to "Optional Step 4"

Select "Document ID" from the Pull down menu.

Copy the following bold text: OSHA-2007-0032-0001 into the search field next to the "Document ID" on the pulldown.

Hit SUBMIT.

A PDF of the 55pg document is available from the PDF link. Comments can be made by following the "Comments" link .

Click here http://www.nssf.org/share/docs/BP070207-OSHAletter.rtf for a template letter. If you choose to draft your own letter, the reference line must read as follows:

RE: Docket No. OSHA–2007–0032
Request to Extend Public Comment Period and Request for Hearing on
"Significant Regulatory Action" as Defined in Executive Order 12866
 
#11 ·
Thank you for posting the template. Everyone should definately post them online. It literally takes about 5 minutes. The public needs to keep the pressure on even if the comment period extension is granted. This one is unbelievable.
 
#12 ·
Here is CCI/ATK's response

Adam: we are working the issue as is the whole Industry through SAAMI, NSSF and NRA. It is buzzing over this proposal and the "political rhetoric" is heating as we speak. I've had calls from other manufacturers all day, seems this did not surface until about 6-28-07.

Thanks for letting us know!

Shoot Straight!
Coy Getman
2299 Snake River Ave.
Lewiston, ID 83501
(800) 627-3640
CCI/Speer Technical Coordinator

(Pulled from another board)

Ok so ATK, second (or largest) ammunition manufacture in the world, only knew about these regs last week!

Yet they were "published" in April.

Something is awful fishy about this. We obviously long ago went from being a Representative Democracy to a flat out Bureaucratic Oligarchy.

Perhaps the pesants aren't revolting enough...
 
#13 ·
OSHA Comment Period Extended 60 Days

-------------------------------------------------------------

http://a257.g.akamaitech.net/7/257/2422/01jan20071800/edocket.access.gpo.gov/2007/E7-13198.htm

Federal Register
July 9, 2007

SUMMARY: OSHA is extending the comment period for its proposed standard on Explosives for an additional sixty (60) days until September 10, 2007.

WE GOT OSHA's ATTENTION!

Thanks All who made Comments and contacts to your legislators, News media, Talk Shows and Associations. This now allows more detailed replys to be prepared and ... FURTHER GET THE WORD OUT to all involved parties.

No Slacking off though ... PLEASE! This is a very important topic to us all

Also, probably gives OSHA more time to post the thousands of posts that you have made
 
#14 ·
I just added my 2 cents worth to the growing number of people who are voicing their opinion to this proposed ruling.

DO NOT let this go unanswered.

RJ
 
#16 ·
An attorney friend of mine has suggested, in addition to writing our representatives to alert politicians to the potential this has to affect our votes next year, that we also start writing them and the White House demanding the resignation of OSHA's chief for allowing his agency to use regulation for political purposes. If not the chief, whoever authored the regulation should certainly get the ax.
 
#17 ·
I posted some of this on my blog site, including toll free phone numbers. Feel free to add comments to the two posts if you wish. There are lots of readers in the general internet public who never look at these forums. This needs lots of publicity to get the results we need.
 
#18 ·
You might get more responses if someone would take the time and give just the bare facts on this proposal that an individual could read in a few minutes. If someone has to take time to access all this through the web site it will not be done. We are all busy today and when asked to devote time many will not believe its worth the time involved hence it doesn't get done. If after the bare facts are given URL's could be provided to speed up the access so much the better.

I also agree that an example must be made of the individuals responsible. Not only the individuals drafting the regulations but up the supervisory chain of command. The message must be sent that this is something that should not, must not and will not be tolerated in a democratic society. Only after several dozen individuals from peons through agency heads are fired will this never happen again. The message must be strong, swift and not easily forgotten over time.
 
#19 ·
hailstone said:
You might get more responses if someone would take the time and give just the bare facts on this proposal that an individual could read in a few minutes. . .
Hate to break the news, but the "you" at the start of your sentence is actually yourself and all of us pitching in to contribute on the board as time allows. No paid staff here. So, I'm hoping this means you are volunteering? A good synopsis might indeed be helpful.
 
#20 ·
#22 ·
It doesn't have to go in front of anybody. The only thing Congress can do is cut their funding.
 
#24 ·
jawi_89 said:
Does this have to go in front of congress . . .
Regulatory agencies generally govern situations in which Congress has decided legal controls are necessary, but beyond the technical expertise of the legislature. The FDA, for example, the Nuclear Regulatory Commission, for another. The agencies make rules and enforce them and levy penalties, almost like an independent legal system.

The whole concept is a responsibility cop-out in my view. I appreciate that Congress doesn't want to be held responsible for signing off on things it doesn't understand, but I have observed it has no problem compelling the rest of us do exactly that every April 15th. I believe our constitution's principle of representation would be better served if the agencies were given the status of special police in their area of expertise, but that their rules be created in the form of recommendations that require a congressional sign-off to be enacted, even if it were done bundles.
 
#25 ·
NRA/ILA letter:

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 <http://www.nraila.org/images/oshaltr.pdf> , 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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#26 ·
I'll bet the Brady bunch is really disappointed that they didn't slip this one in the back door.

Thanks Old Ironsights for the heads up on this. If anymore things like this come along let me know and I'll make a sticky of it for our members. I took the sticky off of this when the website for our comments closed.
 
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