OSHA Law Blog : Occupational Safety Lawyer & Attorney : Jackson Lewis Law Firm : Health, OSHA Compliance

Indiana Governor Mitch Daniels has signed into law the “Possession of Firearms and Ammunition in Locked Vehicles Law.”  The law bars employers from adopting any rule or policy prohibiting employees, including contract employees, from storing firearms and ammunition out-of-sight in their locked vehicles.  Effective July 1, 2010, the law applies only to persons who may possess a firearm or ammunition legally.  It does not apply to the possession of a firearm, ammunition, or other device for which an individual must possess a valid federal firearms license issued under federal law (18 U.S.C. § 923).

In general, the gun law precludes employers in Indiana from adopting or enforcing any policy or rule that “prohibits, or has the effect of prohibiting, any employee, including a contract employee, from possessing a firearm or ammunition that is locked in the trunk of the employee’s vehicle, kept in the glove compartment of the employee’s locked vehicle, or stored out of plain sight in the employee’s locked vehicle.”

The law includes several broad exceptions, however.  Specifically, it permits employers to ban the possession of a firearm or ammunition on school property, property that is being used by a school for a school function, or on a school bus.  Employers also may prohibit employees from bringing firearms or ammunition on the property of:
 

• a child caring institution;
• an emergency shelter care child caring institution;
• a private secure facility;
• a group home;
• an emergency shelter care group home;
• a child care center;
• a penal facility;
• an approved post-secondary educational institution;
• a domestic violence shelter;
• a person’s residence; or
• a location in violation of federal law.

Property that either is subject to the United States Department of Homeland Security's Chemical Facility Anti-Terrorism Standards (issued April 9, 2007), and licensed by the United States Nuclear Regulatory Commission (under Title 10 of the Code of Federal Regulations), or is owned by a public utility that generates and transmits electric power or a department of public utilities also is exempt from the gun law.  Finally, the law permits employers to ban the possession of a firearm or ammunition in an employee’s “personal vehicle” if the employee is a “direct support professional” who “works directly with individuals with developmental disabilities” and uses his personal vehicle to transport such individuals.

Employers in Indiana must take note of this new law and review their policies concerning the possession of firearms or ammunition on company property, including company-owned vehicles.  

We will continue to keep you apprised of developments in this area.

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The Occupational Safety and Health Administration has released a list of about 15,000 workplaces with the highest numbers of injuries and illnesses in the nation for their industries, based on OSHA’s most recent survey. The agency stated that it has sent a letter to these workplaces, along with copies of their injury and illness data, and a list of the most frequently cited OSHA standards for their specific industry.

Dr. David Michaels, Assistant Secretary of Labor for OSHA, said in the March 9, 2010 announcement, “Receipt of this letter means that workers in that particular establishment are being injured at a higher rate than in most other businesses of its kind in the country.” He added, “Employers whose businesses have injury and illness rates this high need to take immediate steps to protect their employees.”

Mei Fung So prepared this post.

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OSHA has just announced that it is extending by 15 days the public comment period for its proposal to add a separate column on the OSHA 300 log for employers to record work-related musculoskeletal disorders (MSDs).  Those wishing to comment on the proposed rule must now do so by March 30, 2010.  Four separate stakeholders had requested an extension of the comment period. 

Under the proposed rule, employers would be required to “check the box” in a separate column on the OSHA 300 log – an “MSD” column – for injuries and illnesses that fit within the agency’s definition. For purposes of the proposal, the agency defines MSDs as:

[D]isorders of the muscles, nerves, tendons, ligaments, joints, cartilage and spinal discs. MSDs DO NOT include disorders caused by slips, trips, falls, motor vehicle accidents, or other similar accidents. Examples of MSDs include: Carpal tunnel syndrome, Rotator Cuff syndrome, De Quervain’s disease, Trigger finger, Tarsal tunnel syndrome, Sciatica, Epicondylitis, Tendinitis, Raynaud’s phenomenon, Carpet layers knee, Herniated spinal disc, and Low back pain.

OSHA also is proposing to remove existing language from its recordkeeping compliance directive that “minor musculoskeletal discomfort” is not recordable as a restricted work case “if a health care professional determines that the employee is fully able to perform all of his or her routine job functions, and the employer assigns a work restriction for the purpose of preventing a more serious injury.” OSHA is concerned that this language creates confusion among employers about recording MSDs. OSHA’s proposal attempts to clarify that employers must record abnormal conditions resulting in minor musculoskeletal discomfort, regardless of whether the conditions include objective signs of an injury or illness – so long as all of the other criteria for recording are met.

This is an important rulemaking and all stakeholders are encouraged to participate in the rulemaking process.

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