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OSHA won't halt 'guns at work' law

Jim Giuliano
by Jim Giuliano
March 13, 2009
1 minute read
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A state law granting employees the right keep guns in their cars at work was recently given the thumbs-up by a federal court.
In 2004, Oklahoma passed a law forbidding employers from disciplining employees who keep firearms locked in cars parked on company property.
A group of businesses sued, claiming the law threatened workplace safety. A court agreed and overturned the law, ruling it violated the Occupational Safety and Health (OSH) Act, which gives employers a “general duty” to keep workplaces safe.
But that decision was overturned on appeal. The appeals court ruled that the Occupational Safety and Health Administration (OSHA) has never claimed that allowing firearms on company property would violate the OSH Act. Therefore, there is no conflict between the state and federal law.
So-called “guns at work” laws are one of the latest trends in state employment legislation. Florida and Georgia have already passed similar legislation, and bills are being considered in Tennessee, Arizona and Texas. We’ll keep you posted.
Cite: Ramsey Winch, Inc. v. Henry

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