Guns in Bars a Violation of OSHA?

Like a few other states, Tennessee has a law on the books that permits registered gun owners to bring their guns into establishments serving alcohol. A server in a Nashville restaurant has filed an anonymous complaint with the Tennessee Occupational Safety and Health Administration claiming that mixing guns with alcohol creates an unsafe work environment under TOSHA.

Like the federal OSHA, the state version (TOSHA) has a general duty clause requiring employers to protect employees against hazards to health, safety and life. The Tennessee Department of Labor will investigate the complaint. The lawyer representing the employee says that his client may file a federal lawsuit.

Under the Tennessee guns in bars law, it is illegal for someone carrying a gun to consume alcohol. Moreover, restaurant and bar owners have the right to post a sign prohibiting firearms. The restaurant involved in this case chose not to post such a sign. According to Nashville police, the restaurant in question has been the site of several incidents such as fights or drunk and disorderly behavior.

Tennessee’s governor vetoed the guns in bars law, saying that mixing guns and alcohol just didn’t make sense to him. However, Tennessee has a strong gun lobby, which persuaded the Tennessee General Assembly to override the governor’s veto. This TOSHA complaint becomes part of the ongoing debate between gun rights and gun control advocates.

This case also has employment law implications. Many employers, including bars and restaurants,  have policies banning weapons from the workplace. It’s unclear how the guns in bars law affects these policies. Thus, this new complaint may result in something that impacts not only bars and restaurants but all kinds of employers. Stay tuned.