Workplace carry

[onerifle]

I wonder how this may affect workplace carry, if at all. :?

Why do I have a funny feeling it won't be a "good thing"? Maybe I'm reaching, or just paranoid...

Chas?

http://www.chron.com/cs/CDA/printstory. ... an/3248675

July 1, 2005
Bill would hold employers liable in contractor deaths
By LISE OLSEN
News Services


U.S. Rep. Al Green filed a bill Thursday that would hold employers criminally responsible in cases where private contract workers are killed on the job as a result of a willful violation of federal workplace safety rules.

Spokeswoman Ashley Etienne said Green's legislation comes in response to a Houston Chronicle story that pointed out a loophole in the current federal workplace safety law.

Under that law, BP could not be criminally prosecuted in connection with the 15 deaths that occurred in the March 23 Texas City explosion at its plant, even if OSHA regulators find the company committed a willful violation of safety rules. That's because the 15 workers who died were all contractors and did not work directly for BP.

The OSHA investigation of the Texas City explosion is not yet complete and no citations have been issued.

Green, D-Houston, wrote in a letter to his colleagues that he hoped the bill would serve as a deterrent for employers tempted to hire contractors for the most dangerous work because they "believe there will be fewer repercussions if the contract worker is killed than if an employee is killed."

Under current law, willful violations that lead to worker deaths are classified as misdemeanors and would remain so under Green's proposal. Other initiatives to reclassify workplace crimes as felonies have failed in Congress, though at least three related bills are pending.

Green's staff said four other members of Congress have joined the bill as co-sponsors and that the AFL-CIO is supporting the bill.

Another bill pending in Congress, introduced by Rep. Gene Green, D-Houston, also was inspired by coverage of the Texas City tragedy. That bill would close a loophole under which the federal government does not count the deaths of contract workers as refinery deaths.

A BP representative said he could not comment on either piece of legislation. "I'm in a poor position to comment on legislation that I have not seen," spokesman Bill Stephens said.

lise.olsen@chron.com

[Charles L. Cotton]

Why do I have a funny feeling it won't be a "good thing"? Maybe I'm reaching, or just paranoid...

Chas?

Remember, just because you may be paranoid doesn't mean they aren't after you!

Seriously, I'd have to read the bill to get an idea about its true scope, but I have that same uneasy feeling. When a group of employers filed suit in Oklahoma challenging their new law that forbid employers from prohibiting employees from having guns in the parking lot, their argument was based, in part, on OSHA’s requirement that employers provide a safe work environment. They then argued that keeping guns out of parking lots was a critical element in maintaining a safe work environment.

I think the OSHA argument was absolute garbage, but if “violation� of OSHA regulations could potentially result in criminal charges, then you can bet employers will be prohibiting guns in parking lots. It will also be harder to enact legislation supporting CHL employees and if it gets passed, it will be harder to uphold such laws it in court, if more employers file suit. (I think these problems would result from Green’s proposed legislation, whether the criminal charges would/could be brought against the corporation itself, or it’s officers. However, if the officers had potential criminal exposure, they’ll fight even harder!)

This is not good legislation. As a side note, I’m very concerned about the trend in the last 10 to 15 years of making all “undesirable� conduct a criminal offense. I think it was Al Edwards that introduced a bill during the Regular 2005 Legislative Session making it a criminal offense if your dog bit someone such that they required medical treatment! I may have even been a felony, but I’m not sure. That’s absurd! If I recall, it was only going to apply to Houston, but you can bet it would/will spread like a cancer. I don't know if the Edwards bill passed. Let me climb down from my soapbox now.

Regards,
Chas.

[dws1117]

It seems that a lot of legislation that gets drafted and passed immediately after a tragic event isn't well thought out as to future consequences. Maybe it has been this way throughout history, but it seems that quickly passing "feel good" legislation right after a tragedy is getting to be the rule. If something bad happens we have to have a new law. Kind of like the Patriot Act.

[Charles L. Cotton]

It seems that a lot of legislation that gets drafted and passed immediately after a tragic event isn't well thought out as to future consequences. Maybe it has been this way throughout history, but it seems that quickly passing "feel good" legislation right after a tragedy is getting to be the rule. If something bad happens we have to have a new law. Kind of like the Patriot Act.

Yep! There's an old saying among lawyers that goes," bad facts make bad law." It refers to appellate courts rendering bad/wrong decisions simply because the facts underlying the case are so horrible or offensive they feel compelled to reach a goal, rather than properly apply the law.

Legislatures are no different and possibly worse, because of increased political pressure.

Regards,
Chas.