NRA-ILA: Labor Department Announces It Will Revise Overreaching OSHA Explosives Rule

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MikeHaas

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Labor Department Announces It Will Revise Overreaching OSHA Explosives Rule
Monday, July 16, 2007
http://www.nraila.org/Legislation/Read.aspx?ID=3162

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.

Read the letter to Cong. Rehberg from the Labor Dept.

Copyright 2007, National Rifle Association of America, Institute for Legislative Action.
This may be reproduced. It may not be reproduced for commercial purposes.
 
Big thumbs up!

I'm glad that [strike]GOA[/strike] [strike]JPFO[/strike] NRA was on it!

I wonder when we'll see the first article from another of those supposedly on "our side" about how this successful action of NRA-ILA is REALLY just another horrible compromise that shows that the NRA really wants us to lose all our gun rights...:p

Thanks, Mike for another update!
 
I'm holding my breath on this one. The letter only mentions ammo, not primers or powder. And it doesn't actually say what the NRA-ILA notice says:
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.
What the letter actually says is:
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 NPRM to clarify the purpose of the regulation. A Federal Register notice announcing this action will be published on Tuesday. (Emphasis added.)
There's a big difference between "a new NPRM" and simply revising the current one. We'll have to wait and see what they say tomorrow in the FR.

I hope it is the end of this matter, but we have to wait, yet, and see.
 
The NPRM was a modification of current rules.

It doesn't make much difference that this will be a modification of a modification, or just a modification.

What matters is what the results look like.

Oh wait... Are from GOA?:D That was quick!
 
It doesn't make much difference that this will be a modification of a modification, or just a modification.

What matters is what the results look like.
I agree that what matters is what the results look like. But the NRA makes it sound like OSHA has pulled the current NPRM, and will submit a new one. Maybe so, but that's not what the OSHA letter says. If the NRA cannot get that part of the story right, how can we be sure they got the rest right? So we have to wait until tomorrow, to see for ourselves.

BTW, I'm not bashing the NRA. I'm glad they got in in this fight. In fact, as a member, I called them before they ever got involved, and asked them to get involved. So I take all the credit. :neener: (I'm sure I was just one of many who called them, asking them to get involved.)
 
yeah right.....

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.

Congressman Rheberg should write back and call B.S.!

Not what they intended, my butt!
 
I'll be a monkey's uncle, I think we just got heard by our elected officals.

The fight is not over, but I'll be D@mn'd we got heard. Good job everyone.
 
It's official. Here's the language from today's FR:
ACTION: Proposed rule; close of comment period.

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

SUMMARY: On April 13, 2007, the U.S. Department of Labor published a
proposed rule entitled Explosives with a comment period that ended 7/
12/2007. On July 9, 2007, the comment period was extended to 9/10/2007.
At this time the U.S. Department of Labor is closing the comment period
effective July 17, 2007. The Department intends to re-propose the
Explosives NPRM at a later date in order to clarify the intent of the
rulemaking.


DATES: The comment period for the proposed rule published on April 13,
2007 (72 FR 18792) is closed effective July 17, 2007.
 
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