Bankjob
NES Member
I thought this wa interesting. This information is for the Associated Industries of Massachusetts (AIM). AIM is an association of Massachusetts businesses and provides guidance for employers. This was emailed to members today and it gives the recommended HR policies for weapons on premises and the issues associated with an employee who is legally licensed to carry a firearm. Basically if you are licensed and have a weapon on premise, you are a threat to the general welfare and saftey of your fellow employees.
January 8, 2014
Question
One of my employees recently announced that he had obtained a concealed-weapon permit and planned to leave the gun in his car, which is parked in the company parking lot. He is telling everybody about the gun, making some co-workers nervous that he may bring it with him into the workplace. Is there anything we can do?
Answer
Employers have the right in most states to restrict weapons on private property.
Considering your concerns with this situation/your employee, now is the time to consider adopting a workplace violence and/or weapons policy to make it clear that dangerous weapons are not allowed in the workplace, the company owned parking lot or any company owned vehicles. Additionally, consider adopting the following language:
The policy should address employees, vendors, guests, etc. Consider how to inform non-employees about it. Possible options include verbally informing all guests, posting it at the place of entry or asking outsiders to sign off on the policy.
“Dangerous weapons” include, but are not limited to, firearms, explosives, knives, and other weapons that might be considered dangerous or that could cause harm. Employers are responsible for making sure that any item possessed by the employee is not prohibited by this policy.
The Company reserves the right at any time and at its discretion to search all company-owned or leased vehicles and all vehicles, packages, containers, briefcases, purses, lockers, desks, enclosures and persons entering its property, for the purpose of determining whether any weapon has been brought onto its property or premises in violation of this policy. Employees who fail or refuse to promptly permit a search under this policy will be subject to discipline up to and including termination.
If you already have a policy, you should review it to make sure that it covers situations such as this. If you do not believe that it encompasses your parking lot and vehicles, amend it to ensure that it does.
Once you are satisfied with the policy, you should issue or re-issue it to your workforce as soon as possible. You should also ensure that your managers are trained on how to respond to any weapons related concern.
Employee meeting
In the meeting you need to make it clear to the employee that his comments have become a concern to co-workers. The policy, along with the dialog with the employee, should make it clear that any discussion of actual threats or inference of threats is not acceptable and against company policy.
In addition, as with any other kind of concern, it needs to be made abundantly clear that retaliation against a person who makes a complaint regarding violent behavior or threats of violence made toward him/her is also prohibited. Depending on the circumstances, you may consider a disciplinary action with a required referral to you Employee Assistance Program (EAP).
If your policy does not cover the parking lot because it is not your property or is otherwise on somebody else’s public or private land (such as on-street parking), Massachusetts regulations permit employees to transport guns to those places and store them in the vehicle only if certain statutory and regulatory conditions are met. Under these circumstances, all you can do is make the employee aware of the regulations about the storage of weapons. Massachusetts law specifically addresses firearm safety and locking devices in Chapter 140 §131K.
Workplace violence remains a concern for all employers. Adopting and enforcing anti-violence/ weapons policies, bringing in outside trainers to educate managers and employees on the issues, and offering employees access to individual assistance programs such as an EAP are essential steps toward maintaining a safe work environment.
There are other resources to help employers to address these concerns. For example, OSHA provides workplace violence information for employers on their website. Additionally, AIM offers policy development and onsite training programs surrounding the topic. Please contact the AIM Employer’s Hotline to discuss your particular needs.
Thanks to Attorney Dave Wilson of Hirsch Roberts Weinstein for his assistance in answering this question.
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January 8, 2014
Question
One of my employees recently announced that he had obtained a concealed-weapon permit and planned to leave the gun in his car, which is parked in the company parking lot. He is telling everybody about the gun, making some co-workers nervous that he may bring it with him into the workplace. Is there anything we can do?
Answer
Employers have the right in most states to restrict weapons on private property.
Considering your concerns with this situation/your employee, now is the time to consider adopting a workplace violence and/or weapons policy to make it clear that dangerous weapons are not allowed in the workplace, the company owned parking lot or any company owned vehicles. Additionally, consider adopting the following language:
The policy should address employees, vendors, guests, etc. Consider how to inform non-employees about it. Possible options include verbally informing all guests, posting it at the place of entry or asking outsiders to sign off on the policy.
“Dangerous weapons” include, but are not limited to, firearms, explosives, knives, and other weapons that might be considered dangerous or that could cause harm. Employers are responsible for making sure that any item possessed by the employee is not prohibited by this policy.
The Company reserves the right at any time and at its discretion to search all company-owned or leased vehicles and all vehicles, packages, containers, briefcases, purses, lockers, desks, enclosures and persons entering its property, for the purpose of determining whether any weapon has been brought onto its property or premises in violation of this policy. Employees who fail or refuse to promptly permit a search under this policy will be subject to discipline up to and including termination.
If you already have a policy, you should review it to make sure that it covers situations such as this. If you do not believe that it encompasses your parking lot and vehicles, amend it to ensure that it does.
Once you are satisfied with the policy, you should issue or re-issue it to your workforce as soon as possible. You should also ensure that your managers are trained on how to respond to any weapons related concern.
Employee meeting
In the meeting you need to make it clear to the employee that his comments have become a concern to co-workers. The policy, along with the dialog with the employee, should make it clear that any discussion of actual threats or inference of threats is not acceptable and against company policy.
In addition, as with any other kind of concern, it needs to be made abundantly clear that retaliation against a person who makes a complaint regarding violent behavior or threats of violence made toward him/her is also prohibited. Depending on the circumstances, you may consider a disciplinary action with a required referral to you Employee Assistance Program (EAP).
If your policy does not cover the parking lot because it is not your property or is otherwise on somebody else’s public or private land (such as on-street parking), Massachusetts regulations permit employees to transport guns to those places and store them in the vehicle only if certain statutory and regulatory conditions are met. Under these circumstances, all you can do is make the employee aware of the regulations about the storage of weapons. Massachusetts law specifically addresses firearm safety and locking devices in Chapter 140 §131K.
Workplace violence remains a concern for all employers. Adopting and enforcing anti-violence/ weapons policies, bringing in outside trainers to educate managers and employees on the issues, and offering employees access to individual assistance programs such as an EAP are essential steps toward maintaining a safe work environment.
There are other resources to help employers to address these concerns. For example, OSHA provides workplace violence information for employers on their website. Additionally, AIM offers policy development and onsite training programs surrounding the topic. Please contact the AIM Employer’s Hotline to discuss your particular needs.
Thanks to Attorney Dave Wilson of Hirsch Roberts Weinstein for his assistance in answering this question.
Back to list
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