Concealed Weapons

szemcumo · September 2003

Hi all! Missouri will soon be passing a law in favor of concealed weapons. Does anyone have a policy relating to this subject in regard to the work place?
Need to write a policy prohibiting concealed weapons here, would appreciate anything you have. Thanks in advance.
Sandie

HR in CA · September 2003

Sorry to say we never had one in writing, but what we told the employees was something to the effect, "We as ABC company ban weapons of any kind on our site, regardless of the fact employees may have a permit. This ban also applies to the entire facility, including the parking area. Any employees who bring weapons onto our site will be subject to discplinary action that will include termination." I hope this helps.

Balloonman · September 2003

I am doing a toolbox talk on the subject, reminding everyone that it does not change our policy of no guns on our jobsites, property or in the vehicles while on company business. This includes private vehicles as they are subject to search under our company policies.
They may have the right to carrier, but not on our time or property.
my $0.02 worth.
DJ The Balloonman

hrdir03nafcu · September 2003

NAFCU's policy on weapons (concealed or otherwise) is as follows:

"Employees are strictly prohibited from bringing weapons of any description onto NAFCU premises for any purpose whatsoever. This includes weapons carried on one's person, or contained in a briefcase, handbag, or any other container, or in a vehicle parked on NAFCU premises. “Weapons” are defined as any instrument designed for the purpose or capability of causing injury to persons or property, including: firearms of any type or description, knives (other than small pocket utility knives), explosive devices, hazardous materials, or any other implement or substance intended for the purpose of causing bodily injury. It is a violation of NAFCU's Code of Conduct for any employee to bring a weapon of any description onto NAFCU premises, or to any function sponsored by the Association, for any purpose whatsoever."

PAhr · September 2003

Due to growing concerns over workplace violence and for the safety of all employees company* expressly forbids weapons of any type on company property. This includes but is not limited to work areas, break areas, offices, company/employee lockers and parking areas. Anyone who violates this rule will be subject to immediate termination.

Since your state is getting ready to pass a concealment law, you may want to start your statement with something like..... In light of the recent passage of said law, we feel it necessary to inform all employees that while persons have a right to carry concealed weapons, this right does not extend to private property and company* is under no legal obligation to allow weapons of any type on the premises.

mwild31 · September 2003

Here's our policy:

Violence in the Workplace

We are committed to providing employees with a safe environment in which to work. It is with this in mind that we have adopted a policy, which strictly prohibits threatened or actual violence by our employees, on our premises, or when performing an act that is job related or while representing the company off of our premises.

Violence in the workplace may be described as verbal or physical threats, intimidation, and/or aggressive physical contact. Prohibited conduct includes, but is not limited to the following:

· Inflicting or threatening injury or damage to another person’s life, health, well being, family or property;
· Possessing a firearm, explosive or other dangerous weapon on Company premises or using an object as a weapon;
· Abusing or damaging Company or employee property;
· Using obscene or abusive language or gestures in a threatening manner; or;
· Raising voices in a threatening manner.
· Because of the potential for misunderstanding, joking about any of the above conduct is also prohibited.

You are encouraged to be proactive in maintaining a safe working environment by reporting violent or harassing behavior. If you observe or experience these types of behavior, please report them immediately to your Manager/Lead, the Human Resources Manager or by calling emergency 911, when appropriate.

Employees working at a remote location or in a customer’s workplace that experience violent behavior should report it immediately to the appropriate authorities.

Any employee who exhibits violence in the workplace may be disciplined up to and including termination. The Company may also choose to bring formal charges against anyone who endangers its employees.

marc · September 2003

Here is ours:

• Possession of firearms, explosives (including fireworks) or any other items whether concealed or openly carried that may be considered a weapon capable of posing a danger to other persons while working or representing the Company either on or off company property.

mwild31 · September 2003

Marc - did you just change that policy to include concealed weapons x;-)

marc · September 2003

I am not smart enough to do that, I inherited this handbook, both good and bad from the previous HR person. Some day, with enough time on this forum, I may learn enough to be eligible to carry the policies designed by the gurus that hang out here.

mwild31 · September 2003

I was just teasing you - it's good & I'll probably add it to mine during the next rewrite to specifically deal with concealed weapons.

marc · September 2003

I got your wink and felt the nudge. Hope you never have to apply it.

Our former Exec Dir approved writing it in, then parked everyday in our lot with a shotgun in the back of his SUV. How does that work?

Human Resources Manager · September 2003

Minnesota passed a conceal and carry law this year.
Our violence prevention policy has always include the phrase: "Workplace violence includes bringing any type of weapon, e.g. knives, guns, any type of explosive or toxic substances, into the workplace."

When the law went into effect we were also required to post a sign at every entrance to our buildings "XYZ company bans firearms on these premises" We are not legally allowed to ban licensed handguns from our parking lots.

Don D · September 2003

Marc's policy statement seems to be a good one. The policy statements that include "weapons of any type" need to be more descriptive. Do you really mean to imply that Scissors in desk drawers, the box cutters in shipping, nail files in purses, cans of mace under the seats in half the cars in the parking lot and the brass candelabra in the executive suite should result in somebody's termination? they are all weapons.

Parabeagle · September 2003

Here's our policy, for what it's worth:

It is our goal to maintain a work environment free from intimidation, threats, or violent acts. To that end, the Company has adopted a zero tolerance policy regarding violence and weapons possession in the workplace. This includes, but is not limited to, intimidating, threatening, or hostile behaviors; physical abuse; vandalism; arson; sabotage; use of weapons; carrying weapons of any kind onto Company property notwithstanding possession of a lawful permit; or any other aggressive act, which, in management's opinion, is inappropriate to the workplace.

marc · September 2003

Good question. Since 911, our ideas of weapons of any types have changed. I am reminded of that everytime I go through the airport screening process. I must remember to leave behind my little pocket swiss army knife, or pack it in my luggage.

My son in the marines, laughs and tells me how many ordinary items can become lethal in the hands of the trained or in some cases, the delusional.

We cannot cover it all with a policy, but also cannot ignore it. Hopefully we can strike a balance and not ever have to find out we did not go far enough.

Parabeagle · September 2003

You can also get to the point of ridiculousness. When we adopted our zero-tolerance policy, we conducted training on it and made clear that the definition of what was a weapon and what wasn't depended upon management's discretion. A box cutter being used to cut open a box is not a weapon, but a tool. The same box cutter being wielded by a wild-eyed, screaming banshee of an employee is a weapon. You have to leave some room for interpretation and plain ol' common sense in these things, regardless of what the lawyers say.

mwild31 · September 2003

I like ours in that it describes the behavior & not a list of weapons:

Possessing a firearm, explosive or other dangerous weapon on Company premises or USING AN OBJECT AS A WEAPON;

Leslie · September 2003

Arizona has concealed weapons permits also. However, working at a casino with bars and such, there are no weapons, concealed or unconcealed, allowed on premises. That's the law, no need for a policy.

System · September 2003

In lots of states, including mine, persons are allowed to carry loaded pistols under their vehicle's seat, just tell the officer who might pull you over that you have one. But let me tell you from personal experience that if you drive onto federal property, including a federal parkway, reservation, hunting refuge or parking lot, the law immediately changes and you are guilty of a misdemeanor for having the weapon, IF IT IS LOADED, which if not, why carry it?

marc · September 2003

Nevada is well known for allowing gun permits, concealed or not. But the issue about loaded guns on federal holdings must not be enforced much here. A huge percentage of our state is owned by the feds - but people hunt and target practice everywhere, even too close to populated areas. I think if they tried to enforce the law Don D's twin discusses, we would have a bunch of issues.

rad · September 2003

In addition to stating that we can not carry weapons, licensed or not, onto company property or in company vehicles, our policy also states that we not can use any tool in any way that implies it is a weapon. I agree that it is not reasonable to prohibit such things as cro-bars, tire irons, etc, when they are needed to do the job, but some employees actually need to be told that they can't threaten to crack someone over the head with one.

I found our policy very frustrating when I was the vicitm of a stalker and was told that under no circumstances could I bring pepper spray into the building. I asked if I could leave it with the guards while I was working and they said no. My manager actually told me to buy a little can of hairspray and keep that in my bag to protect myself. Could it work? Sure, I suppose so. Did I feel safe? Heck no!

szemcumo · September 2003

Thanks to all those responding. Once again this forum has proved itself to be a most useful tool to all of us HR 'PEOPLE'!!! All responses were very helpful.
Thanks,
Sandie

vmiller MO · September 2003

If we want to prohibit an employee or any person who has a concealed weapons permit from bring the gun on to your property or business, it is necessary under the statute to post notices in conspicous places. The notices must be a minimum size of 11 inches by 14 inches with the lettering on the notice at least 1 inch. Subscribers to the MO Employment Law Letter should have received an e-mail alert from Lee and there will be an article in this comming month's issue.

Of course, if you have a union, you may have to "bargain" with it at least over the discipline that might be imposed for a violation of the ban.

Vance Miller
Editor, Missouri Employment Law Letter
Armstrong Teasdale LLP
(314) 621-5070
[email]vmiller@armstrongteasdale.com[/email]

Paul · September 2003

What about parking lots? I believe that the MO law states that we can not ban the weapons from a parking lot. Can you verify?

Tish · September 2003

I am also from Minnesota, and agree with HR Manager. We cannot band employees having weapons in their vehicles in the parking lot. We do request that they keep them secured in their vehicle and not to remove them during breaks etc. but it is only a request. All our doors are signed stating weapons are not allowed in the buildings. Employees traveling in company vehicles are not allowed to carry.

When the ruling passed I held meetings with all employees explaining the procedures and had them sign an acknowledgment that the policy was explained, that they were given a copy, and had a chance to ask questions.

I would check with the state to determine exactly what is covered under your state ruling. GOOD LUCK.

Paul · September 2003

Thanks, Tish. We will be doing the meetings & acknowledgments tap dance as well.

Concealed Weapons

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