ASSE, ASIS Join Brady Center Against Oklahoma Guns-at-Work Law

The associations joined in an amicus brief urging the 10th Circuit Court of Appeals to agree that the Oklahoma statute, by forcing employers to allow guns such as this Beretta, runs afoul of the General Duty Clause.

The most important safety and security professional associations, the American Society of Safety Engineers and ASIS International, joined the Brady Center to Prevent Gun Violence in an amicus brief filed this week urging the 10th U.S. Circuit Court of Appeals to find a 2004 Oklahoma law prevents employers there from complying with OSHA's General Duty Clause by barring them from implementing gun restrictions on their property. The case, ConocoPhillips, et al. v. C. Brad Henry, Governor, et al., No. 07-5166, has drawn national attention because it pits the National Rifle Association against several big employers in a small, conservative state. The law was passed overwhelmingly by Oklahoma legislators after a Weyerhaeuser pulp mill fired a dozen workers and contractors who had guns in their parked, locked trucks in the company's parking lot, in violation of a company policy.

Whirlpool was the original chief plaintiff in the case, but it withdrew, leaving ConocoPhillips as the chief plaintiff; the NRA called for a nationwide boycott of ConocoPhillips because of this case.

ASSE has 32,000 members and ASIS International has 33,000, according to the brief, which was prepared by two Washington, D.C. lawyers with the OSHA Practice Group of the law firm McDermott Will & Emery LLP. The brief points out that OSHA has endorsed weapons-exclusion policies and regulations as ways to reduce workplace violence. Two appendices to the brief are a list of news reports about mass shootings at U.S. businesses since mid-1997 and a breakdown of 2003 workplace shootings. The lower court in this case held that the Oklahoma Forced Entry Laws are invalid because they materially impair the ability of employers in the state to comply with federal law. (Mick Hinton of the Tulsa World's Capitol Bureau in Oklahoma City reported on Wednesday that the state House Judiciary and Public Safety Committee passed, 14-2, a bill to let students age 21 and older carry concealed firearms on campuses if they are licensed to carry a concealed weapon.)

Last August, when the Bureau of Labor Statistics released its National Census of Fatal Occupational Injuries for 2006, it said workplace homicides ranked fourth among all causes, with 516 workers killed by someone else on the job during the year. More than 80 percent of them were shot, BLS said.

Featured

New Products

  • NAPCO product image

    StarLink Fire Max2 Dual Cell/IP Communicator

    Streamline commercial fire compliance with dual-carrier cellular connectivity, a dedicated FACP data path, and dual-layer electronic inspection verification.

  • HD2055 Modular Barricade

    Delta Scientific’s electric HD2055 modular shallow foundation barricade is tested to ASTM M50/P1 with negative penetration from the vehicle upon impact. With a shallow foundation of only 24 inches, the HD2055 can be installed without worrying about buried power lines and other below grade obstructions. The modular make-up of the barrier also allows you to cover wider roadways by adding additional modules to the system. The HD2055 boasts an Emergency Fast Operation of 1.5 seconds giving the guard ample time to deploy under a high threat situation.

  • 4K Video Decoder

    3xLOGIC’s VH-DECODER-4K is perfect for use in organizations of all sizes in diverse vertical sectors such as retail, leisure and hospitality, education and commercial premises.