I've been wading through the proposed rule making & found this. BOLD text caught my eye right off the bat as it would apply to a "commercial establishment" -- you local firearms emporium or gun shop.
As always, the devil is in the details & these two paragraphs alone cause me some concern:
"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. The existing standard does not have any provisions restricting the quantity of smokeless propellants that may be displayed in commercial establishments. On March 31, 1972, OSHA revised Sec. 1910.109 to include the following language: "Not more than 20 pounds of smokeless propellants, in containers of 1 pound maximum capacity, shall be displayed in commercial establishments" (37 FR 6577). This is identical to the intent of proposed paragraph (h)(3)(i)(B). However, on October 24, 1978, OSHA removed this language from the explosives standard because it believed it addressed public safety requirements that are subject to the control of local building and fire code officials (43 FR 49726). While OSHA agrees that the provision did cover a public safety issue, it now believes that it also addressed an employee safety issue because employees in commercial establishments that display smokeless propellants are often in close proximity to the propellants.
OSHA believes that having no restriction on the quantity of smokeless propellants that can be displayed in commercial establishments is contrary to employee safety. Therefore, OSHA is reinstating this provision in the proposed standard as paragraph (h)(3)(i)(B). "Issue #18: Although proposed paragraph (h)(3)(i)(B) is consistent with paragraph 937 of the 1970 edition of NFPA 495 (Ex. 2-13), it is not consistent with paragraph 13.3.8 of the 2001 edition of NFPA 495 (Ex. 2-5), which allows not more than 50 pounds of smokeless propellants to be displayed in a commercial establishment. The 1970 edition appears to provide greater employee safety.
OSHA requests specific comments on whether there should be a weight restriction for the display of smokeless propellants in commercial establishments and, if so, whether the maximum weight limit should be 20 pounds, 50 pounds, or some other quantity.***
"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. This requirement is in accordance with paragraph 13.5.5 of the 2001 edition of NFPA 495 (Ex. 2-5). In a notice published in the Federal Register on October 24, 1978 (43 FR 49726), OSHA revoked a similar provision that it believed addressed public safety requirements subject to the control of local building and fire code officials. As with proposed paragraph (h)(3)(i)(B) discussed above, OSHA agrees that this is a public safety issue but believes that it is also an employee safety issue because employees, as well as the public, can be near primers in a commercial establishment that displays them.
Limiting display quantities of small arms primers protects such employees. Therefore, a display limitation is included in proposed paragraph (h)(4)(i)(C)."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? "Gun shows?Gun shows??The camel is trying to put his nose into the tent. & once one Federal regulatory agency has access, the rest will sure to follow!
Then there is this
"VIII. State Plan Standards
"When Federal OSHA promulgates a new standard or more stringent amendment to an existing standard, the 26 States and U.S. Territories with their own OSHA-approved occupational safety and health plans must revise their standards to reflect the new standard or amendment, or show OSHA why there is no need for action, e.g., because an existing State standard covering this area is already "at least as effective" as the new Federal standard or amendment. 29 CFR 1953.5(a). The State standard must be at least as effective as the final Federal rule, must be applicable to both the private and public (State and local government employees) sectors, and must be completed within six months of the publication date of the final Federal rule. When OSHA promulgates a new standard or amendment to a standard which does not impose additional or more stringent requirements than an existing standard, States are not required to revise their standards, although OSHA may encourage them to do so. The 26 States and territories with OSHA-approved State Plans are: Alaska, Arizona, California, Connecticut (plan covers only State and local government employees), Hawaii, Indiana, Iowa, Kentucky, Maryland, Michigan, Minnesota, Nevada, New Mexico, New Jersey (plan covers only State and local government employees), New York (plan covers only State and local government employees), North Carolina, Oregon, Puerto Rico, South Carolina, Tennessee, Utah, Vermont, Virginia, Virgin Islands (plan covers only State and local government employees), Washington, and Wyoming.
The Hydra has many heads....
Read all 'bout it:
http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=FEDERAL_REGISTER&p_id=19509
