𝔖 Bobbio Scriptorium
✦   LIBER   ✦

Employees' right to keep and bear arms … at work?

✍ Scribed by Richard Haygood; Charles M. Rice; Corena Norris-McCluney


Publisher
John Wiley and Sons
Year
2008
Tongue
English
Weight
97 KB
Volume
35
Category
Article
ISSN
0745-7790

No coin nor oath required. For personal study only.

✦ Synopsis


Historically, private employers have been free to restrict the carrying of concealed handguns on their premises, virtually without any limitations. In light of the staggering headlines regarding workplace violence, employers have restricted handguns on their properties with good reason. The number of workplace shootings has steadily increased over the years. 1 Employers have expressly, either through posted signs or written policies, prohibited employees from carrying firearms and other weapons on their premises or during work hours. Employers have done so to protect employees' safety, as well as to limit exposure to liability. 2 In addition, promulgating such policies advances an employer's compliance with the Occupational Safety and Health Act's (OSHA) General Duty Clause to abate "recognized hazards that are causing or are likely to cause death or serious physical harm to its employees." 3 In recent years, however, state legislatures have expanded citizens' rights to carry guns on private premises. Through efforts led by the National Rifle Association and organizations arguing that access to licensed firearms by individuals trained in their proper use promotes rather than detracts from workplace safety, many states have enacted laws that permit employees to store their guns in their private vehicles parked on an employer's property. In addition, some states have placed further restrictions on employers' efforts to police their premises-including limiting an employer's right to search employees' vehicles. In those states that have adopted such laws, many employers are facing the challenge of revising their policies on weapons in the workplace, employee searches, and other topics to comply with the new legislation, while giving due consideration to their legal obligation to provide a safe working environment for their employees and guests.