Guns in Bars: No OSHA Violation

Last week, I had a post about the restaurant server who filed a claim with the Tennessee Occupational Safety Health Administration, contending that Tennessee’s law allowing registered gun owners to bring their guns into restaurants and bars that serve alcohol violated TOSHA. Why? Allowing guns to be brought into places that serve alcohol creates a dangerous and unsafe workplace for employees who work in the restaurants and bars because of the threat of violence.

A TOSHA inspector has determined that the law isn’t a violation of TOSHA, at least as applied to the restaurant/bar in question. Although information provided by Nashville police says that there have been nine incidents of drunk and disorderly conduct at the restaurant since 2009, the inspector found that there had only been two incidents during this period. No one was shot during these incidents.

And apparently, that’s what it will take for an unsafe and dangerous workplace to exist when bar patrons are allowed to bring in their guns. The law does say that gun-carrying customers can’t consume alcohol, though there’s not much way to enforce that provision. The Tennessee Department of Labor noted that it will investigate whether guns in bars creates an unsafe work environment on a case by case basis.

The attorney representing the employee says his client will appeal the inspector’s decision to the Commissioner of Labor. He’s also considering filing suit in federal court, alleging that Tennessee isn’t properly applying federal OSHA standards for workplace safety. It’s likely that this case won’t be resolved anytime soon. Stay tuned.