The Facts About OSHA's Ammunition Proposal A recent proposal for new “explosives safety” regulations by the Occupational Safety and Health Administration (OSHA) has rightly caused a flurry of concern among gun owners and those in the firearm business. OSHA had set out to make legitimate updates to workplace safety regulations pertaining to explosives; unfortunately, the proposed rule goes far beyond regulating true explosives. The proposed rules include restrictions that very few gun stores, sporting goods stores, shippers, or ammunition dealers could comply with. The key problem in the proposed rule is that OSHA defines “explosives” to include “black powder, … small arms ammunition, small arms ammunition primers, [and] smokeless propellant.” The proposal defines different classes of “explosives” based on the hazards they present, but then treats ammunition and components the same as the most volatile high explosives, for nearly all purposes. In fact, industry and military tests have long proved that small arms cartridge pose little hazard in a fire. A classic reference work from the 1940s describes tests in which large quantities of shotgun shells and metallic cartridges were deliberately set on fire. The ammunition generally burned slowly, and cartridges ignited “piece by piece” without throwing fragments more than a few feet. (Julian S. Hatcher, Hatcher’s Notebook 532-33 (2d ed. 1962).) Because small arms ammunition and components are far less hazardous than high explosives, existing practices for their storage, transportation and sale are very different. But under the proposed rule, a workplace that contains even a handful of small arms cartridges, for any reason, is considered a “facility containing explosives” and therefore subject to many impractical restrictions. Among the many examples: No person could carry “firearms, ammunition, or similar articles in facilities containing explosives … except as required for work duties.” This rule would make it impossible to operate any kind of gun store, firing range, or gunsmith shop. Employers would have to evacuate all employees when an electrical storm approaches a “facility containing explosives.” This requirement would apply to all “facilities,” from a small country store that stocks a few boxes of hunting ammunition, to the largest mass-merchandise outlet such as Wal-Mart. Employers would have to ensure that “no open flames, matches, or spark producing devices are located within 50 feet (15.2 m) of explosives or facilities containing explosives.” Neither small gun stores, nor “big box” retailers have any practical way to enforce this rule; realistically, a person smoking a cigarette outside a large concrete building can’t set fire to ammunition inside the building anyway. Vehicles could not be “refueled within 50 feet (15.2 m) of a facility containing “explosives.” Again, many gas stations and convenience stores in rural areas stock small quantities of ammunition; gas pumps outside don’t pose any danger to ammunition in the store. The proposed rules on storage of small arms ammunition and components would also create problems for retailers.
The rule would require 25 feet of separation between small arms ammunition and all “flammable liquids, flammable solids, and oxidizing materials.” As an even more impractical alternative, a dealer could construct a one-hour fire barrier wall. Neither should be necessary, given the low level of hazard created by (for instance) a countertop display of gun oil near a supply of rifle or pistol cartridges. The rule would also impose stricter limits on storage of smokeless powder than existing National Fire Protection Association (NFPA) guidelines require. OSHA has presented no evidence that the existing NFPA standard is insufficient to protect workplace safety. Finally, transportation provisions in the proposed rule would create similar problems. For example, the rule would require shippers to notify “local fire and police departments” before transferring “explosives” between vehicles, and even to notify these agencies about vehicle breakdowns or collisions. A fender-bender while delivering shotgun shells to a gun store hardly justifies this level of government involvement. These provisions do not reflect standard practices in the shipping industry, and many carriers would probably refuse to ship ammunition under these rules. It’s important to remember this is only a proposed rule, so there’s still time for concerned citizens to speak out. The National Rifle Association, National Shooting Sports Foundation, and Sporting Arms and Ammunition Manufacturers’ Institute will all file comments urging a major rewrite of these proposed regulations, based on the severe effect the proposed regulations (if finalized) would have on the availability of ammunition and reloading supplies to safe and responsible shooters. The public comment period on OSHA’s proposal ends September 10, 2007. To file a comment, or to learn more about the OSHA proposal, go to www.regulations.gov and search for Docket Number OSHA-2007-0032”; you can read OSHA’s proposal and learn how to submit comments electronically, or by fax or mail. To read a letter from Representative Doug Lamborn (R-CO) and 31 other members of Congress to Labor Secretary Elaine Chao regarding the OSHA proposal, please visit http://www.nraila.org/images/oshaltr.pdf
OHSA Grants 60 day extension on Proposed "Safety" Rule That Would Address Ammunition Sales Monday, July 09, 2007 The Occupational Safety and Health Administration (OSHA) has extended the comment period on its proposed rule for 60 days until September 10. The proposed new rules would have a dramatic effect on the storage and transportation of ammunition and handloading components such as primers or black and smokeless powder. The proposed rule indiscriminately treats ammunition, powder and primers as “explosives.” Among many other provisions, the proposed rule would: 1. Prohibit possession of firearms in commercial “facilities containing explosives”—an obvious problem for your local gun store. 2. Require evacuation of all “facilities containing explosives”—even your local Wal-Mart— during any electrical storm. 3. Prohibit smoking within 50 feet of “facilities containing explosives.” It’s important to remember this is only a proposed rule right now, so there’s still time for concerned citizens to speak out before OSHA issues its final rule. The National Rifle Association, National Shooting Sports Foundation, and Sporting Arms and Ammunition Manufacturers’ Institute will all be commenting on these proposed regulations, based on the severe effect these regulations (if finalized) would have on the availability of ammunition and reloading supplies to safe and responsible shooters. The public comment period was originally scheduled to end July 12 but has been extended sixty (60) days until September 10, 2007. To read the OSHA proposal click here (PDF file). According to OSHA, 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: OSHA Docket Office, Docket No. OSHA-2007-0032 U.S. Department of Labor, Room N-2625 200 Constitution Avenue, NW. Washington, DC 20210 Telephone (202) 693-2350 (OSHA"s TTY number is (877) 889-5627).
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 SUPPLEMENTARY INFORMATION section of the OSHA proposal.
OSHA Docket Office Docket No. OSHA-2007-0032 U.S. Department of Labor Room N-2625 200 Constitution Ave. N.W. Washington, DC 20210 Re.: Docket No. OSHA-2007-0032 (Explosives—Proposed Rule) Dear Sir or Madam: I am writing in strong opposition to OSHA’s proposed rules on “explosives,” which go far beyond regulating true explosives. These proposed rules would impose severe restrictions on the transportation and storage of small arms ammunition—both complete cartridges and handloading components such as black and smokeless powder, primers, and percussion caps. These restrictions go far beyond existing transportation and fire protection regulations. As a person who uses ammunition and components, I am very concerned that these regulations will have a serious effect on my ability to obtain these products. OSHA’s proposed rules would impose restrictions that very few gun stores, sporting goods stores, or ammunition dealers could comply with. (Prohibiting firearms in stores that sell ammunition, for example, is absurd—but would be required under the proposed rule.) The proposed transportation regulations would also affect shooters’ ability to buy these components by mail or online, because shipping companies would also have great difficulty complying with the proposed rules. There is absolutely no evidence of any new safety hazard from storage or transportation of small arms ammunition or components that would justify these new rules. I also understand that organizations with expertise in this field, such as the National Rifle Association, National Shooting Sports Foundation, and Sporting Arms and Ammunition Manufacturers’ Association, will be submitting detailed comments on this issue. I hope OSHA will listen to these organizations’ comments as the agency develops a final rule on this issue. Sincerely,