Ammo & Reloading Supplies Threatened By New OSHA Regulations!

http://www.nssf.org/news/PR_idx.cfm?PRloc=common/PR/&PR=BP070207.cfm

OSHA is proposing new rules that would seriously regulate, and in many cases eliminate, the sale of black & smokeless powder, primers, and ammunition to retailers and individuals. They are doing this by defining ammunition and certain reloading components [powder & primers] as explosives, and placing them under the same regulations as dynamite and industrial explosives. Basically, it's a way of using "safety" regulations to make shooting and reloading supplies harder to get, and possibly to discourage retailers from carrying them, and to make it even harder for small gun shops and sporting suppliers to stay within the law.

Here are a few relevant sections, the comments in italics are mine:

Explosive. This term would be defined to mean any device, or liquid
or solid chemical compound or mixture, the primary or common purpose of
which is to function by explosion. The term ....explosive'' would be
defined to include all material included as a Class 1 explosive by DOT
in accordance with 49 CFR chapter I. The term would include, but would
not be limited to, dynamite, black powder, pellet powders, detonators, blasting agents, initiating explosives, blasting caps, safety fuse,
fuse lighters, fuse igniters, squibs, cordeau detonant fuse,
instantaneous fuse, igniter cord, igniters, pyrotechnics, special
industrial explosive materials, small arms ammunition, small arms
ammunition primers, smokeless propellant, cartridges for propellant-
actuated power devices, and cartridges for industrial guns.

This means any store selling any of the above is subject to other regulations of the rules, including:
-only employing people trained in handling explosives [even for loading/unloading stock]
-mandatory drug testing [even allowing a person under the influence into the shop could be a violation]
-no flammable cleaning solvents allowed on premises [Aren't Hoppes, etc considered flammable solvents?]
-there must be a remote disconnect for the electrical supply to any area containing "explosives"
-would require evacuation in the case of lightning or electrical storms
-would prohibit matches & lighters within 50 feet of "explosives" [Are they supposed to search customers now?]

Issue #4: OSHA seeks specific comments on the impact proposed
paragraph (c)(3)(iii) would have on the storage and retail sale of
small arms ammunition, small arms primers, and smokeless propellants.
Do open flames, matches, or spark producing devices create a hazard
when located within 50 feet of small arms ammunition, small arms
primers, or smokeless propellants, or facilities containing these
products? Can employers involved in the storage or retail sale of small
arms ammunition, small arms primers, or smokeless propellants prevent
all open flames, matches, or spark producing devices from coming within
50 feet of these products or facilities containing these products? If
not, why not? Should proposed paragraph (c)(3)(iii) use a protective
distance other than 50 feet and, if so, what distance should it be and
why? Should OSHA exclude small arms ammunition, small arms primers, and
smokeless propellants from the requirements of proposed paragraph
(c)(3)(iii)?

Proposed paragraph (c)(3)(iii)(C) would require the employer to
ensure that no person carries firearms, ammunition, or similar articles
in facilities containing explosives.
[This includes gun shops - around here armed employees and legal armed customers are the norm. Are are they going to take the further and try to say you can't sell ammunition within so many feet of a firearm? That should shut a lot of places down.]

Proposed paragraph (e)(1) addresses general provisions associated
with the transportation of explosives. Proposed paragraph (e)(1)(i)
would require the employer to ensure that no employee smokes, carries
matches or any other flame-producing device, or carries any firearms or
cartridges (except firearms and cartridges required to be carried by
guards) while in, or within 25 feet (7.63m) of, a vehicle containing
explosives.

Paragraph (e)(1)(iii) would require the employer to ensure that
explosives are not transferred from one vehicle to another without
informing local fire and police departments. This will help to ensure
that the transfer is performed in a safe manner. In addition, a
competent person must supervise the transfer of explosives. This is
applicable to all transfer work whether it is done within private
facilities or on public highways.
[That should pretty much shut down mail order suppliers, or shipping by UPS, etc.]

Proposed paragraph (h)(2) would require the employer to ensure that
small arms ammunition is separated from flammable liquids, flammable
solids, and oxidizing materials by a fire barrier wall with at least a
1-hour fire resistance rating or by a distance of at least 25 feet.
Paragraph (h)(4)(i)(B) would require the employer to ensure that
small arms ammunition primers be separated from flammable liquids,
flammable solids, and oxidizing materials by a fire barrier wall with
at least a 1-hour fire resistance rating or by a distance of at least
25 feet.
[Again, this will be impossible for many small gun shops, and probably too much of a hassle for major retailers to want to deal with.]

Paragraph (h)(3)(i)(B) would require the employer to ensure that no
more than 20 pounds of smokeless propellants, in containers not to
exceed 1 pound, are displayed in a commercial establishment.
Paragraph (h)(4)(i)(C) would require the employer to ensure that no
more than 10,000 small arms primers be displayed in a commercial
establishment.
[That's not much at all for a store inventory, especially with the added requirements for restocking when the 20 pounds of smokeless powder [less than 3 8 pound containers] or 10,000 primers [10 boxes] have been sold. A lot of people keep more than that in their garage.]

Issue #21: Proposed paragraphs (h)(3)(i)(B) and (h)(4)(i)(C) place
restrictions on the quantity of smokeless propellants and small arms
primers, respectively, that can be displayed in commercial
establishments. Should OSHA further clarify the quantity limitations
for smokeless propellants and small arms primers to allow multiple
displays in commercial establishments? If so, what quantities should be
allowed and should the quantities be based on the size of the
commercial establishment? Should there be a minimum distance between
displays to ensure employee safety? Should the same limitations placed
on commercial establishments also apply to gun shows?
[Since the new requirements will be impossible for many small businesses to meet, OSHA is already looking ahead to how much they can regulate gun shows, to be sure to keep "dangerous explosives" like ammunition and reloading supplies out of people's hands.]

Paragraph (j) Training. Proposed paragraph (j) is new and contains
proposed training requirements for employees in the explosives
industry.
[I'd assume people in the explosives industry would be trained already, if they wanted to keep all their fingers, but OSHA thinks it's necessary to extend this training right down to the kid who stocks the sporting goods section at Wal-Mart, since he is handling and unloading explosives under these new definitions].


*To send comments to OSHA*, and for the full text of the proposal, go to:
http://www.regulations.gov/fdmspublic/component/main
Go to the Option 4 drop down menu and select "Document ID"
Key this ID in to the action box ... OSHA-2007-0032
Click on the SUBMIT button
[or, I can send it in a .pdf file to anyone who wants it]

Please forward this to anyone you know who this may affect, especially to any business owners whose comments may have more pull with OSHA in this matter [gun shops, pawn shops, sporting goods, surplus, mail order, etc].