OSHA Targets IL Shooting Range- More To Come?

[Fred Fuller]

http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=NEWS_RELEASES&p_id=22524

Region 5 News Release: 12-1052-CHI
June 11, 2012
Contact: Scott Allen Rhonda Burke
Phone: 312-353-6976
Email: [email protected] [email protected]

US Department of Labor's OSHA cites Illinois Gun Works for
exposing workers to lead, other hazards at Elmwood Park, Ill., plant

ELMWOOD PARK, Ill. – The U.S. Department of Labor's Occupational Safety and Health Administration has cited Illinois Gun Works Ltd. for 28 alleged health violations following a Jan. 21 inspection referred by the Illinois Department of Public Health that found two gun range operators were exposed to airborne lead levels up to 12 times the permissible level. Proposed fines total $111,000.

"Illinois Gun Works has a responsibility to protect the health of its employees by ensuring that they operate in a manner which eliminates or minimizes lead hazards, including exposure," said Diane Turek, director of OSHA's Chicago North Area Office in Des Plaines. "OSHA is committed to protecting employees' safety and health."

A total of 27 serious violations include 13 for violating the lead standard, including failing to implement engineering and work practice controls to reduce exposure, collect full shift personal samples for monitoring, measure effectiveness of the ventilation system to control exposure, provide clean protective clothing, dispose of or replace protective clothing, provide clean changing rooms or separate storage facilities for protective work clothing to prevent cross-contamination with street clothes, require workers exposed to lead to shower at the end of a shift or to ensure workers washed hands and faces prior to consuming food during breaks, and implement a medical surveillance program for all employees who were exposed to lead at or above the action levels, including biological monitoring such as blood sampling.

The remaining serious violations include failing to implement a hazard communication program, train workers on hazardous chemicals present in the work environment, label chemical bottles with contents and a hazard warning, administer an effective hearing conservation program, train in the use of personal protective equipment and implement a respirator protection program that includes, fit testing and training. A serious violation occurs when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.

One other-than-serious violation has been cited for failing to provide a written certification that a hazard assessment had been performed. An other-than-serious violation is one that has a direct relationship to job safety and health, but probably would not cause death or serious physical harm.

The citations may be viewed at http://www.osha.gov/ooc/citations/IllinoisGunWorksLtd_110282_0608_12.pdf*.

Illinois Gun Works operates a gun sales business, a shooting range and gun safety training. The company has 15 business days from receipt of its citations and penalties to comply, request an informal conference with OSHA's area director or contest the findings before the independent Occupational Safety and Health Review Commission.

To ask questions, obtain compliance assistance, file a complaint, or report workplace hospitalizations, fatalities or situations posing imminent danger to workers, the public should call OSHA's toll-free hotline at 800-321-OSHA (6742) or the agency's Chicago North office at 847-803-4800.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA's role is to ensure these conditions for America's working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov.
============================

See also the analysis at
http://www.volokh.com/2012/06/23/osha-targets-shooting-range/
OSHA targets shooting range
David Kopel • June 23, 2012 3:40 am

 

[tomrkba]

Under what authority does OSHA operate? What are the limits of their jurisdiction? Is a gun range (which is just a business in a state) even under their jurisdiction? Is OSHA's jurisdiction really limited to Federal property and territories?

There are all sorts of laws in this country that everyone assumes apply to them, but actually do not. Congress knows how to write a law that applies to the states. We should look at the laws that created OSHA and review the definitions section (if it can be found...this section is often buried for the purposes of obfuscation). For example, what is the definition of "United States" for the purposes of FICA? One would think "the 50 states". But, that's not the case:

Subsection 3121(e)(2)
"The term "United States" when used in a geographical sense includes the Commonwealth of Puerto Rico, the Virgin Islands, Guam, and American Samoa."

SCOTUS ruled in Hooven & Allison Co. v. Evatt, 324 US 652 (1945) that the phrase "United States" may be used in any of three ways:

1) A sovereign nation amongst the community of sovereign nations of the world.
2) The territory over which the sovereignty of the United States extends, or
3) The collective name of the states that are united by and under the Constitution.

In #2, this does not include the 50 states. The states are still sovereign (though they do not act like it). The Federal government is not sovereign over the states; the states created the Federal government.

The definition of "State" as applied to FICA (located at 3121(e)(1)) is:

"The term "State" includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, and American Samoa."

Congress does know how to write a law that includes, or excludes, the 50 states. Here is an example that includes the 50 states:

26 USC 6103(b)(5)(A)(i) - any of the 50 states, the District of Columbia, the Commonwealth of Puerto Rico, [snip].

So, how is the statute of the OSHA law written? My bet is that it does not apply to a business residing in one of the 50 states, but we're dumb enough to fall for the scam!

 

[ilbob]

It was bound to happen. A lot of shooting range operators have avoided following the rules on lead exposure for a long time. I am guessing someone dropped a dime on them. maybe a disgruntled former employee.

A lot of the violations noted will probably be dropped after review, especially the hearing protection stuff. That should be easy to show they are not violating the rules on.

Not cleaning up properly after exposure to lead residue is going to be harder to explain away.

 

[tomrkba]

Found it!

http://www.legalarchiver.org/osh.htm

The lynch pin is the term "commerce". All other definitions refer to the specifically defined term.

"(3) The term "commerce" means trade, traffic, commerce, transportation, or communication among the several States, or between a State and any place outside thereof, or within the District of Columbia, or a possession of the United States (other than the Trust Territory of the Pacific Islands), or between points in the same State but through a point outside thereof."**

It does NOT apply to a business operating entirely within a state that does nothing between states!

Also notice the modified definition of state:

"(7) The term "State" includes a State of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Trust Territory of the Pacific Islands. "

Section 4A shows jurisdiction:

"(a) This Act shall apply with respect to employment performed in a workplace in a State, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, the Trust Territory of the Pacific Islands, Wake Island, Outer Continental Shelf Lands defined in the Outer Continental Shelf Lands Act, Johnston Island, and the Canal Zone. The Secretary of the Interior shall, by regulation, provide for judicial enforcement of this Act by the courts established for areas in which there are no United States district courts having jurisdiction."

While Congress declared the OSHA law to apply to the 50 states*, it limits the scope to interstate commerce. A gun range does not operate between states. It provides a service (a place to shoot) at a particular location in a state. A gun range is not engaging in statute defined "commerce" ("...or between points in the same State but through a point outside thereof.") It is acting entirely within one of the 50 states. It sells range time and that range time is only within the borders of Illinois.

I'm sure some Federal judge will lie and say otherwise. I'm sure he or she will try to claim the gun range is somehow engaged in interstate commerce.





* NOTE:

We need to see the definition of "a State of the United States". This may not mean one of the 50 states. I think it does, but law is written to be tricky. Notice the definition of "State" was already different that the 50 states.

Also notice they redefined the word "State", and then included the same items a second time in 4A.

I suspect there is contextual law that I am missing where the word "State" is defined.

UGH...it's like it is defined in a circular way. Clearly, this is meant to cause confusion.


** Second note

An example of this would be mail order or e-commerce. I think companies could get smart by incorporating 50 times...Mycompany of Illinois, etc. This way everything stays within the borders of one of the 50 states. I would love to see gun companies open up 50 branches and thumb their noses at the Feds!!!

 

[Frank Ettin]

...While Congress declared the OSHA law to apply to the 50 states*, it limits the scope to interstate commerce. A gun range does not operate between states. It provides a service (a place to shoot) at a particular location in a state. A gun range is not engaging in statute defined "commerce" ("...or between points in the same State but through a point outside thereof.") It is acting entirely within one of the 50 states. It sells range time and that range time is only within the borders of Illinois...

It would be hard to find a gun range, or pretty much any business, that is not involved in interstate commerce, as that term has been applied by courts for a great many years now.

• Does the gun range buy supplies and equipment from suppliers in other States?
  
  
• If the gun range has a retail shop, does it buy merchandise from suppliers in other States? Does the retail shop have customers in other States? Does it advertise in other States?
  
  
• Does the gun range operate a gunsmithing service with customers in other States?
  
  
• Are any of the customers of the gun range visitors from other States?
  
  
• Does the gun range host competitions or events that attract visitors or participants from other States.

Certainly many people think that the courts have applied the notion of interstate commerce too broadly. But for now, we have well established judicial precedent supporting a broad application.

Gun Works, Ltd. could certainly try to challenge the jurisdiction of OSHA. But it's unlikely to get them very far.

There are reasons to be concerned about this, but the issue of OSHA asserting jurisdiction probably isn't anywhere near the top of the list.

 

[tomrkba]

There are reasons to be concerned about this, but the issue of OSHA asserting jurisdiction probably isn't anywhere near the top of the list.

I think it is because the entire notion has been crafted to be used as a means for increased Federal power. In short, Federal courts have ruled in favor of themselves.

The ideas you have mentioned are abuses of the interstate commerce clause.

The gun range is not engaged at all in interstate commerce. The commerce clause was never intended to be used like this. The founders intended it to be only used to prevent trade wars between the states. They certainly never anticipated it being used to control surgeries by physicians simply because a scalpal was made in another state.

So, if a gun range was merely a place that provided a berm and some holes to insert 1x2's, how could interstate commerce be claimed if all they did was sell tickets? Would you agree with the Feds that the range is engaged in interstate commerce because customers shot ammunition out of guns not purchased at the range?


"Are any of the customers of the gun range visitors from other States?"

A person at the range is in the state of Illinois. They are not in another state at the time they purchased the ticket to shoot. Their residency is not relevant to the argument per the statute.


"Does the gun range operate a gunsmithing service with customers in other States?"

This is easily avoided. Incorporate the gunsmithing service as a different company not associated with the range.

"If the gun range has a retail shop, does it buy merchandise from suppliers in other States? Does the retail shop have customers in other States? Does it advertise in other States? "

Again, abuse of the Commerce Clause. The logic involved only makes sense when one realizes the court is inventing ideas to support expanded Federal power.


Finally, the statute itself declares the limitation of commerce to be "between points in the same State but through a point outside thereof." That is not occurring with the sale of tickets for range time unless they are selling tickets to people who are located outside Illinois at the time of purchase.

 

[Sebastian the Ibis]

What a perfect example of Goldilocks Gun control.

OSHA says guns are too noisy

The BATFE says guns are too quiet- with suppressors.

If someone wanted to challenge the suppressor portion of the NFA this would be a great way to throw government "findings" back in their face.

 

[Ole Humpback]

Guys, this is making a mountain out of a mole hill. OSHA has jurisdiction anywhere when a business employs a person. This is not OSHA grinding an axe against the 2A, this is proper enforcement of 29 CFR 1910 Subpart Z General Industry standards.

OSHA lead regulations have been on the books since 1970 when the Occupational Safety & Health Act became law. The lead regulations have been updated since then, generally once every 3 years because it takes about that long to draft a new standard.

Per 29 CFR 1910 Subpart A:

1910.5(a)

Except as provided in paragraph (b) of this section, the standards contained in this part shall apply with respect to employments performed in a workplace in a State, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, Trust Territory of the Pacific Islands, Wake Island, Outer Continental Shelf lands defined in the Outer Continental Shelf Lands Act, Johnston Island, and the Canal Zone.

Notice it says employment, not commerce. A further study of the OSHA standards shows that even though if you employ 1 person you are required to be in compliance with OSHA standards, a written plan & haz com program are only required when you employ 11 or more people. Thats generally how enforcement works as well. As much as people think OSHA is trying to put mom & pop outfits out of business, OSHA does realize that they can't afford to be in full compliance with OSHA. Unless they are doing something that is high risk or someone gets injured/killed, OSHA won't come knocking on the door of the local mom & pop outfits anytime soon.

Per 29 CFR 1910 Subpart Z Lead (1910.1025):

I. SUBSTANCE IDENTIFICATION

A. Substance: Pure lead (Pb) is a heavy metal at room temperature and pressure and is a basic chemical element. It can combine with various other substances to form numerous lead compounds.

B. Compounds Covered by the Standard: The word "lead" when used in this standard means elemental lead, all inorganic lead compounds and a class of organic lead compounds called lead soaps. This standard does not apply to other organic lead compounds.

C. Uses: Exposure to lead occurs in at least 120 different occupations, including primary and secondary lead smelting, lead storage battery manufacturing, lead pigment manufacturing and use, solder manufacturing and use, shipbuilding and ship repairing, auto manufacturing, and printing.

D. Permissible Exposure: The Permissible Exposure Limit (PEL) set by the standard is 50 micrograms of lead per cubic meter of air (50 ug/m(3)), averaged over an 8-hour workday.

E. Action Level: The standard establishes an action level of 30 micrograms per cubic meter of air (30 ug/m(3)), time weighted average, based on an 8-hour work-day. The action level initiates several requirements of the standard, such as exposure monitoring, medical surveillance, and training and education.

II. HEALTH HAZARD DATA

A. Ways in which lead enters your body. When absorbed into your body in certain doses lead is a toxic substance. The object of the lead standard is to prevent absorption of harmful quantities of lead. The standard is intended to protect you not only from the immediate toxic effects of lead, but also from the serious toxic effects that may not become apparent until years of exposure have passed.

Lead can be absorbed into your body by inhalation (breathing) and ingestion (eating). Lead (except for certain organic lead compounds not covered by the standard, such as tetraethyl lead) is not absorbed through your skin. When lead is scattered in the air as a dust, fume or mist it can be inhaled and absorbed through you lungs and upper respiratory tract. Inhalation of airborne lead is generally the most important source of occupational lead absorption. You can also absorb lead through your digestive system if lead gets into your mouth and is swallowed. If you handle food, cigarettes, chewing tobacco, or make-up which have lead on them or handle them with hands contaminated with lead, this will contribute to ingestion.

A significant portion of the lead that you inhale or ingest gets into your blood stream. Once in your blood stream, lead is circulated throughout your body and stored in various organs and body tissues. Some of this lead is quickly filtered out of your body and excreted, but some remains in the blood and other tissues. As exposure to lead continues, the amount stored in your body will increase if you are absorbing more lead than your body is excreting. Even though you may not be aware of any immediate symptoms of disease, this lead stored in your tissues can be slowly causing irreversible damage, first to individual cells, then to your organs and whole body systems.

B. Effects of overexposure to lead - (1) Short term (acute) overexposure. Lead is a potent, systemic poison that serves no known useful function once absorbed by your body. Taken in large enough doses, lead can kill you in a matter of days. A condition affecting the brain called acute encephalopathy may arise which develops quickly to seizures, coma, and death from cardiorespiratory arrest. A short term dose of lead can lead to acute encephalopathy. Short term occupational exposures of this magnitude are highly unusual, but not impossible. Similar forms of encephalopathy may, however, arise from extended, chronic exposure to lower doses of lead. There is no sharp dividing line between rapidly developing acute effects of lead, and chronic effects which take longer to acquire. Lead adversely affects numerous body systems, and causes forms of health impairment and disease which arise after periods of exposure as short as days or as long as several years.

(2) Long-term (chronic) overexposure. Chronic overexposure to lead may result in severe damage to your blood-forming, nervous, urinary and reproductive systems. Some common symptoms of chronic overexposure include loss of appetite, metallic taste in the mouth, anxiety, constipation, nausea, pallor, excessive tiredness, weakness, insomnia, headache, nervous irritability, muscle and joint pain or soreness, fine tremors, numbness, dizziness, hyperactivity and colic. In lead colic there may be severe abdominal pain.

Damage to the central nervous system in general and the brain (encephalopathy) in particular is one of the most severe forms of lead poisoning. The most severe, often fatal, form of encephalopathy may be preceded by vomiting, a feeling of dullness progressing to drowsiness and stupor, poor memory, restlessness, irritability, tremor, and convulsions. It may arise suddenly with the onset of seizures, followed by coma, and death. There is a tendency for muscular weakness to develop at the same time. This weakness may progress to paralysis often observed as a characteristic "wrist drop" or "foot drop" and is a manifestation of a disease to the nervous system called peripheral neuropathy.

Chronic overexposure to lead also results in kidney disease with few, if any, symptoms appearing until extensive and most likely permanent kidney damage has occurred. Routine laboratory tests reveal the presence of this kidney disease only after about two-thirds of kidney function is lost. When overt symptoms of urinary dysfunction arise, it is often too late to correct or prevent worsening conditions, and progression to kidney dialysis or death is possible.

Chronic overexposure to lead impairs the reproductive systems of both men and women. Overexposure to lead may result in decreased sex drive, impotence and sterility in men. Lead can alter the structure of sperm cells raising the risk of birth defects. There is evidence of miscarriage and stillbirth in women whose husbands were exposed to lead or who were exposed to lead themselves. Lead exposure also may result in decreased fertility, and abnormal menstrual cycles in women. The course of pregnancy may be adversely affected by exposure to lead since lead crosses the placental barrier and poses risks to developing fetuses. Children born of parents either one of whom were exposed to excess lead levels are more likely to have birth defects, mental retardation, behavioral disorders or die during the first year of childhood.

Overexposure to lead also disrupts the blood-forming system resulting in decreased hemoglobin (the substance in the blood that carries oxygen to the cells) and ultimately anemia. Anemia is characterized by weakness, pallor and fatigability as a result of decreased oxygen carrying capacity in the blood.

(3) Health protection goals of the standard. Prevention of adverse health effects for most workers from exposure to lead throughout a working lifetime requires that worker blood lead (PbB) levels be maintained at or below forty micrograms per one hundred grams of whole blood (40 ug/100g). The blood lead levels of workers (both male and female workers) who intend to have children should be maintained below 30 ug/100g to minimize adverse reproductive health effects to the parents and to the developing fetus.

The measurement of your blood lead level is the most useful indicator of the amount of lead being absorbed by your body. Blood lead levels (PbB) are most often reported in units of milligrams (mg) or micrograms (ug) of lead (1 mg=1000 ug) per 100 grams (100g), 100 milliters (100 ml) or deciliter (dl) of blood. These three units are essentially the same. Sometime PbB's are expressed in the form of mg% or ug%. This is a shorthand notation for 100g, 100 ml, or dl.

PbB measurements show the amount of lead circulating in your blood stream, but do not give any information about the amount of lead stored in your various tissues. PbB measurements merely show current absorption of lead, not the effect that lead is having on your body or the effects that past lead exposure may have already caused. Past research into lead-related diseases, however, has focused heavily on associations between PbBs and various diseases. As a result, your PbB is an important indicator of the likelihood that you will gradually acquire a lead-related health impairment or disease.

Once your blood lead level climbs above 40 ug/100g, your risk of disease increases. There is a wide variability of individual response to lead, thus it is difficult to say that a particular PbB in a given person will cause a particular effect. Studies have associated fatal encephalopathy with PbBs as low as 150 ug/100g. Other studies have shown other forms of diseases in some workers with PbBs well below 80 ug/100g. Your PbB is a crucial indicator of the risks to your health, but one other factor is also extremely important. This factor is the length of time you have had elevated PbBs. The longer you have an elevated PbB, the greater the risk that large quantities of lead are being gradually stored in your organs and tissues (body burden). The greater your overall body burden, the greater the chances of substantial permanent damage.

The best way to prevent all forms of lead-related impairments and diseases-both short term and long term- is to maintain your PbB below 40 ug/100g. The provisions of the standard are designed with this end in mind. Your employer has prime responsibility to assure that the provisions of the standard are complied with both by the company and by individual workers. You as a worker, however, also have a responsibility to assist your employer in complying with the standard. You can play a key role in protecting your own health by learning about the lead hazards and their control, learning what the standard requires, following the standard where it governs your own actions, and seeing that your employer complies with provisions governing his actions.

(4) Reporting signs and symptoms of health problems. You should immediately notify your employer if you develop signs or symptoms associated with lead poisoning or if you desire medical advice concerning the effects of current or past exposure to lead on your ability to have a healthy child. You should also notify your employer if you have difficulty breathing during a respirator fit test or while wearing a respirator. In each of these cases your employer must make available to you appropriate medical examinations or consultations. These must be provided at no cost to you and at a reasonable time and place.

The standard contains a procedure whereby you can obtain a second opinion by a physician of your choice if the employer selected the initial physician.

[56 FR 24686, May 31, 1991]

SOURCE: http://www.osha.gov/pls/oshaweb/owa..._type=STANDARDS&p_toc_level=1&p_keyvalue=1910

FWIW, I hold two 10 Hour OSHA certifications and two 30 Hour OSHA certifications: one each for 29 CFR 1910 (General Industry) & one each for 29 CFR 1926 (Construction Specific) as well as 10 hours worth of 29 CFR 1926 Subpart T training (Demolition Specific).

Given that lead is clearly regulated, that there are multiple companies that not only help business with OSHA compliance but will draft and setup a haz com program for you and that there are several suppliers of OSHA certified environmental controls equipment, I'm not buying the whole "someone at OSHA is anti-2A" story. In this day and age, when OSHA cites a violation against your business, its because you've willfully violated the regulations after repeated notices to fix a problem.

Yes, OSHA has stepped up enforcement of its regulations in recent years. Fines are a revenue source for OSHA and they can't very well pay the 800 new industrial hygienists that they hired last year without better enforcement & collection. However; OSHA also doesn't just show up and hand out fines without first giving you a chance to correct the issues they find. Depending on the type of violation, you are given anywhere from the close of business on the current working day (ie no flagging on a leading edge protection device) upto 14 days (annual crane inspection) to correct the problem before OSHA will cite you.

 

[Frank Ettin]

...I think it is because the entire notion has been crafted to be used as a means for increased Federal power. In short, Federal courts have ruled in favor of themselves.

The ideas you have mentioned are abuses of the interstate commerce clause...

Old news. Whether or not expansive applications of the Commerce Clause are wrong or abusive is outside the scope of this discussion and waste of time in the context of the subject matter of this thread.

Commerce Clause jurisprudence is an issue for another time, another place and another context.

 

[Hypnogator]

This is not OSHA grinding an axe against the 2A, this is proper enforcement of 29 CFR 1910 Subpart Z General Industry standards.

That's the way I see it, too. A firing range shouldn't be permitted to expose its employees to dangerous levels of lead (or other substances) just because it's involved with an activity protected by the 2nd Amendment. We may decry the nanny state, but OSHA regulations have made the workplace much safer, especially in the mining, shipbuilding, and construction industries.

 

[beatledog7]

As firearm enthusiasts and supporters of RKBA, we have to be clean. If we're not following the associated rules--all the associated rules, no matter how onerous and perhaps ridiculous--to the letter and even then some, all we're doing is giving the antis fuel for their fire.

 

[Texan Scott]

I find it hard to believe this is anti-2a. If two of the workers could be shown to have been exposed to 12 times the maximum allowed amount of airborne lead, it probably has a lot to do with the employer also failing to ensure the HVAC system could safely remove the lead. This is not excusable. You can't tell me that the requirement to at least test for clean air filtration is onerous or imposible; there are lots of good, clean indoor ranges all over the country that can and do provide clean, well monitored facilities for their employees and customers. 12 times the maximum exposure is not a small slip, or a short-term problem. Sounds like the owner of the business was willfully negligent.

 

[Double Naught Spy]

Right, what is wrong with making ranges follow the same laws that apply to other businesses especially when it comes to keeping people safe?

Just because a person, company, or government agency has found a problem with a pro-gun group or business does not mean that the person, company, or government agency is anit-gun or has some sort of vendetta against gun ownership.

We certainly would not be outraged when other companies have endangered their employees and the regulatory agencies do their job (which doesn't happen often enough). Hazmat associated with firearms/ammunition isn't a new issue at all.

If the 27 infractions are valid, then Il. Gun Works needs to rethink how it does business.

The NRA has a nice range book on the construction of safe ranges. It used to be a whole $30 as I recall, but many commercial ranges don't follow many of its guidelines, though following such would likely keep them compliant with most or all of the concerns raised by OSHA.

 

[alsaqr]

OSHA acted at the request of the IL Department of Public Health. i can't believe the owners of that indoor shooting range were so ignorant. At some indoor ranges the benches and everything else is covered with lead dust. Some indoor ranges have outlawed lead bullets and require the use of lead free primers.

 

[sig228]

Back in the 70's my dad worked for OSHA and tested lead levels on gun ranges in the Midwest. Obviously this is nothing new. Nor is it some sort of anti 2a conspiracy.