Security Insight-Guns at Work
Human resources, risk management, legal and security professionals are all involved with policies regarding violence in the workplace, weapons and managing potentially harmful incidents that occur in and around organizations and to their employees. It is no surprise that evidence supports a strong correlation between incidents of violence in the workplace that escalate into injury and even death, and an individual’s ready access to a weapon.
In order to prevent and prepare for these types of incidents, most organizations have (or should have) policies that provide for zero tolerance for violence, periodic searches of employee belongings including lockers, and a strict ‘no weapons’ policy that includes all areas owned and operated by the organization to include the employee parking area. This has always been an accepted duty of the employer, to provide a safe and secure workplace for its employees. OSHA requires that organizations take steps necessary to do just that (and if you think OSHA is a small town in Wisconsin, then you’re in serious trouble!)
Did you know that there is a silent legal battle being waged in other states that could affect every employer and the way we conduct business? Organizations in several states not including Nevada (yet) have been challenged in court regarding their duty to protect their employees and their right to control their physical premises. The argument is that of the privilege to carry a weapon versus the employer’s ability to control their property and maintain a safe environment. This issue is not about the “right to bear arms,” as guaranteed by our Forefathers and framers of the U.S. Constitution. Rather, this is an argument that is being waged over property and business owners’ rights. How can an employer guarantee a safe and secure workplace for its employees if others have the legal right to carry a concealed weapon to work? Who would WANT to go to work every day knowing that your co-workers may be armed while they’re sitting in the cubicle next to you?
This ongoing debate has prompted two prominent professional associations to join forces in their fight to ensure that organizations can continue to manage their own property throughout the United States. The Society for Human Resources and ASIS International (American Society for Industrial Security) have both issued individual and joint statements in their support of not allowing individuals with a weapons permits to supersede the wishes of their employer. To read the position paper from ASIS International in its entirety, go to http://www.asisonline.org/newsroom/guns.pdf. You may have heard in the news where our state senator Bob Beers recently proposed arming teachers to prevent another tragedy. For more information on this initiative, see
http://www.beers4nevada.org/wordpress/category/homeland-security/. However the difference between his proposal and the one moving through various state legislatures is that our teachers would be TRAINED appropriately and be required to qualify periodically. The training that Mr. Beers proposed is not even addressed as part of the current property rights debate.
Over half of the states in the U.S. allow individuals to apply for a permit to carry a concealed weapon, and the specific rules vary by state. In order to be granted a permit, typically the applicant must receive training, pass a background check, pass written and practical tests and will then be certified to carry, but under certain conditions. Of those, many require a ‘need to carry’ as a prerequisite to obtaining a license. Nevada is one of many states that do not require any special need; this means that paying the application fee, passing the background check and being able to qualify with your gun may qualify you to have a concealed weapons permit. For more information on the State of Nevada laws regarding concealed weapons, refer to the NRS at http://www.leg.state.nv.us/nrs/NRS-202.html. There are numerous exclusions that apply, so be sure you are well versed on this law before you pursue a permit. However, this does not automatically give an individual the right to carry a gun to work!
Employees carrying weapons to work should be addressed in the employee handbook as a zero tolerance policy, as well as an integral part of the workplace prevention plan. Writing for The Society for Human Resources in their Legal Reporter column, Mathiason and Kruger emphasize the need for organizations to have a clear and concise policy regarding weapons on company property. ASIS International has published guidelines for workplace violence prevention. Unfortunately this debate has sparked the interest of the NRA which has come down on the opposite side of this argument, which places ASIS in an unusual and uncomfortable position. Right now this battle is being waged at the state level. As the debate continues, this will be an interesting issue to watch; and depending on how it progresses through the state and inevitably federal court system, could forever change the way we do business.
