alsaqr
Member
A very large and well known company in Savannah GA recently randomly swept their parking lot and everyone who even had a firearm in their vehicle lost their job.
Years ago the new manager of the Weyerhaeuser plant in SE Oklahoma asked the local police to search every vehicle in the parking lot. Every employee who had a gun in his/her vehicle was terminated.
The OK legislature passed a law allowing guns in the vehicles of employees in parking lots. The same law relieved the company of any tort liability. Weyerhaeuser appealed to the federal court system on OSHA grounds. Whirlpool and Ramsey winch joined in the appeal.
The federal appeals court for the 10th Circuit threw out a lower court ruling.
Holding:
The U.S. Court of Appeals for the Tenth Circuit has upheld the validity of the Oklahoma Self-Defense Act (“OSDA”) and the Oklahoma Firearms Act (“OFA”), laws that allow employees to store their guns in their vehicles on company parking lots. In particular, the Tenth Circuit disagreed with the holding of the U.S. District Court for the Northern District of Oklahoma that the these state laws are pre-empted by the "general duty" clause of the federal Occupational Safety and Health Act (“OSHA”). According to the Tenth Circuit, OSHA has not indicated in any way that employers should prohibit firearms from company parking lots. The Tenth Circuit noted that the OSHA is aware of the controversy surrounding firearms in the workplace and has consciously decided not to adopt a standard. Thus, the Tenth Circuit explained that while these laws may “have a ‘direct and substantial effect’ on worker safety, they cannot fairly be characterized as ‘occupational’ standards, because they regulate workers simply as members of the general public.” In this regard, the Tenth Circuit concluded that the district court’s decision interferes with Oklahoma’s police powers. In so stating, the Tenth Circuit reversed the district court’s grant of permanent injunction.
http://www.lawupdates.com/summary/t...lowing_employees_to_keep_guns_in_parking_lot_
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