A three judge panel of the
Tenth Circuit Court of Appeals ruled in favor of workers today when it reversed the lower court ruling in the Oklahoma employer parking lot case. The plaintiffs filed suit to block the 2004 law enacted by the Oklahoma legislature prohibiting (criminalizing) employer rules against Oklahoma CHLs from storing firearms in locked cars in employer parking lots. Among other frivolous claims, the employers argued that the Oklahoma statute violated OSHA by prohibiting employers from maintaining a safe working environment.
Although there are other plaintiffs named, the real mover and shaker in this lawsuit was ConocoPhillips. It did so not only for itself, but on behalf of the entire petrochemical industry. They can seek an
en banc hearing by the entire Court, but that would seem futile in view of OSHA's recent statement that it's rules have nothing to do with guns in parking lots.
This is a huge victory! It should help our employer parking lot bill and it should encourage other states to pass worker protection laws. We also must be vigilant to efforts by the Obama Administration to make administrative changes to OSHA regulations to render this decision moot.
Chas.