Earlier this year, Gov. Bobby Jindal signed into law Senate Bill 51, which granted all employees in the state the right to carry firearms in their vehicles while at work.
But for employees of Shell/Motiva, the new law might as well have been about macramé.
Louisiana Sportsman was contacted by a Shell/Motiva employee who asked his supervisor for the company’s new policy in light of SB51, which became Act 684.
“I wanted to make sure I wasn’t breaking company policy before I carried a gun in my vehicle,” said the employee, who asked for anonymity.
His supervisor said he’d check with his superiors.
“He called me before my next shift, and said not to bring a gun under any conditions,” the employee said. “He told me SB51 didn’t change Shell/Motiva’s policy at all.”
According to Kevin Thompson, site communications manager for Shell/Motiva in Norco, that’s correct.
“The act contains exemptions for companies operating under superseding federal laws, and our legal team has examined it, and feels that applies to us,” he said.
Thompson later emailed to Louisiana Sportsman information that clarified the company’s position.
“I have consulted with our Legal Department and they have provided the following information: Shell and Motiva are exempted from Act 684 due to certain federal statutes and regulations, in particular, the Occupational Safety and Health Act, the Maritime Transportation and Safety Act, and the Chemical Facility Anti-Terrorism Standards,” the email states. “Under the OSHA general duty clause, we have the responsibility to provide a workplace free from recognized hazards including firearms.”
The anonymous employee said that was the same line of reasoning explained to him.
“They said that OSHA regulations gave them the rights to protect the rest of their employees (by banning guns in vehicles),” he said.
But actually, the law merely reads that the act does not apply to “any property where the possession of firearms is prohibited under state or federal law.”
And having a firearm in a parked vehicle at a facility like Shell/Motiva is certainly not prohibited under state or federal law, according to Sen. Joe McPherson (D-Woodworth), who authored SB51.
“Actually, under federal terrorism laws, parking lots are not even considered part of the plant security,” he said.
McPherson has heard of other corporations that have chosen to ignore Act 684.
“What you have is corporate America telling people, ‘You lose your Constitutional rights once you gain employment with us,’” he said. “Clearly, they’re seeking to deny employees their Second Amendment freedoms to ensure their own self-defense.”
McPherson expects the National Rifle Association or another pro-Second Amendment group to step in and take uncooperative corporations to court.
Motiva owns and operates two refineries in Louisiana, one in Norco and the other in Convent.
