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FOR YOUR INFORMATION

• Approved for 1 hour of general recertification credit through the HR Certification Institute.

• Presentation materials available for download:www.employerlinc.com/guns

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TODAY’S PRESENTERS

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Workplace Weapons Laws Around the Country

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Workplace weapons laws around the country

• Gun ownership and possession controlled by state laws

• 15+ states have laws addressing guns on employers’ property

• Challenges faced by multi-state employers

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Employers’ responses around the country

• Development of specific guns policies

• Recognizing the potentially violent employee (or circumstances)

• Potential liability of employer regarding guns in the workplace

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Laws that permit guns in vehicles on employers’ property

• Common features

– Licensed to possess

– Contained in locked vehicle

– Out of sight

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Laws that permit guns in vehicles on employers’ property

• Questions that have arisen

– Employers’ duty to monitor

– Difference between personal and employer-owned vehicles

– Restricted or designated parking

– Employers’ right to search vehicle

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Banning or limiting gun possession at the workplace

• Notice to employees and the public

• Ability to specify particular areas

• Gun policies maintained by customers or clients

• Employer immunity – what is employers’ liability for permitting or prohibiting guns on premises?

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Gun Laws in Oklahoma

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General right to possess firearms without a license

A person is permitted to carry loaded and unloaded shotguns, rifles and pistols, open and not concealed for lawful self-defense and self-protection or any other legitimate purpose in or on property that is owned, leased, rented, or otherwise legally controlled by the person.

21 O.S. 1289.6

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Carrying with a handgun license

The Oklahoma Self Defense Act (21 O.S. §1290.1 et seq.) provides for the issuance of handgun licenses to qualifying Oklahomans and allows those who are licensed to carry concealed or unconcealed handguns in many public locations.

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Oklahoma Self Defense Act

• Some exceptions– Licensed individuals are not able to carry handguns

inside:

• Government buildings

• School buildings or college campuses

• Professional sports venues

• Other specified facilities

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Oklahoma Self Defense Act

• Oklahoma employers have the right to control the possession of weapons on their property

• Includes the right to prohibit employees who are licensed to carry from bringing a handgun into the workplace

• Allows other limitations at the discretion of the employer

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Employee rights to transport and store firearms and ammo

No … employer … shall maintain, establish, or enforce any policy or rule that has the effect of prohibiting any person, except a convicted felon, from transporting or storing firearms or ammunition in a locked motor vehicle, or from transporting or storing firearms or ammunition locked in or locked to a motor vehicle on any property set aside for any motor vehicle.

21 O.S. §1289.7a(A)

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Employee rights to transport and store firearms and ammo

These laws provide an aggrieved employee with a right to pursue a civil action in court to obtain actual damages, injunctive relief and attorney’s fees.

21 O.S.§1289.7a(C)

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Firearm inquiries by employers

It shall be unlawful for any private employer doing business in Oklahoma to ask any applicant for employment information about whether the applicant owns or possesses a firearm.

An private employer who violates the provisions of this section shall, upon conviction, be guilty of a misdemeanor punishable by a fine or not more than $1,000.00.

21 O.S.§1289.27

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Firearm inquiries by employers

All public employers and public officials in Oklahoma shall be prohibited from asking any applicant for employment information about whether the applicant owns or possesses a firearm.

Any public employer or public official who violates the provisions of this subsection shall be deemed to be acting outside the scope of their employment and shall be barred from seeking statutory immunity from any exemption or provision of The Governmental Tort Claims Act.

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Use of deadly force

• An owner, manager or employee of a business is presumed to be justified in using deadly defensive force if:

– The person against whom the defensive force was used was in the process of unlawfully and forcefully entering, or had unlawfully and forcibly entered a place of business, or

– If that person had removed or was attempting to remove another against the will of that person from a place of business.

21 O.S. §1289.25

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To prohibit or not?

• The fundamental question: Should employers prohibit

firearms and other weapons on their premises?

• Until recently, policies prohibiting weapons for both

employees and third parties have been the standard

approach by HR professionals. But, many employers are

reevaluating the position in light of recent tragedies.

• There is no “easy’ answer, and there are no “canned”

policies. This decision boils down to a balancing of

competing sets of rights, competing sets of risks, and

the particular circumstances applicable to each business.

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Factors that favor a ban

• Employers are the primary target of lawsuits following

incidents of workplace violence.

• Victims may allege that an employer’s failure to ban

weapons on the premises caused the harm they

suffered.

• Risk of accidental discharge, “friendly fire,” and mistaken

identity shootings.

• The “cooling off” period.

• Evidence of active efforts to prevent violence.

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Factors weighing against a ban

• Victims may allege that an employer’s ban of weapons

on the premises caused the harm they suffered.

• Inability to protect one’s self off the premises.

• Long response times of law enforcement to an event.

• Ineffective nature of a “policy” as a deterrent to criminal

behavior.

• Individualized circumstances that justify and increased

level of protection, up to and including an armed

response.

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So … to prohibit or not?

• In general, an employer should understand that workplace violence incidents, including accidents, will likely result in that employer’s prevention strategies being put on trial.

• Policies prohibiting firearms do not, standing alone, absolutely shield employers from liability from firearms-related incidents. In many instances, much more of an effort to prevent workplace violence will be required.

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Employer’s duty to protect

Q: Does the law impose a duty on employers to

protect employees from gun violence in the

workplace?

A: Yes. A number of courts have held that employers

have a duty to protect employees from foreseeable

hazards, including (1) foreseeable violence by a

particular employee, (2) foreseeable violence in a

particular employment sector, (3) foreseeable violence

in a particular physical area, and (4) foreseeable

violence at a location with a history of incidents.

Note: The breadth of this duty will vary with the individual

circumstances.

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Sources of duty to protect

• Negligent hiring, supervision or retention

• OSHA – general duty clause

• Respondeat superior claims

• State and local regulations for particular industries

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Employee’s right to protect self

Q: Does the law protect employers who allow

lawful possession of firearms?

A: In some states, yes, to a degree. There is a so-called

“immunity” provision in some state statutes. It is

untested, and the limits of its coverage are not known.

Q: Does the law impose a duty on employers to allow employees to protect themselves?

A: ???

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Hybrid policies

Q: Does the law permit employers to have varying

policies, rather than an all-or-nothing

prohibition on firearms?

A: In general, yes. Employers can prohibit weapons

possession by most employees while permitting armed

security or other lawfully trained staff to possess

weapons. However, this decision is not risk-free.

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Making the decision and crafting an appropriate policy

• Careful study of known risks for each employer based on

actual data is required.

• Careful balance of conflicting duties is required.

• The risk of accidents or unintended violence must be

considered.

• The risks of silence and non-action must be considered.

• The policy should be part of an overall strategy to

combat workplace violence in general.

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END NOTES

• Post-webinar survey coming in the next few days – your feedback is very important to us!

• HRCI credit information emailed in next 24 hours for those who pre-registered to receive credit.

• Resources page for this webinar:www.employerlinc.com/guns

– Archive version of webinar broadcast available by end-of-day for immediate on-demand viewing

– Downloadable PDF of presentation materials

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