According to OSHA, “Workplace violence is any act or threat of physical violence, harassment, intimidation, or other threatening disruptive behavior that occurs at the work site. It ranges from threats and verbal abuse to physical assaults and even homicide. It can affect and involve employees, clients, customers and visitors.”

Currently, homicide is the second leading cause of death in the workplace according to the US Department of Labor. How, as employers, can we protect our employees? How, as employee’s can we protect ourselves and our fellow co-workers? These questions are valid on both sides of the issue – but how can it be resolved?

Most employers are committed to providing a safe and healthy work environment for their employees. The Occupational Safety and Health Act, which was signed in 1970, states that all employers are “to assure so far as possible every working man and woman in the Nation safe and healthful working conditions and to preserve our human resources.” (found here).  The Act created the Occupational Safety and Health Administration (OSHA), an agency of the Department of Labor. OSHA was given the authority both to set and enforce workplace health and safety standards. So not only do employers want to keep their employees safe, it’s a requirement of operating a business.

In keeping with the requirement of OSHA, and the need to protect their business, many employers prohibit anyone—employees, contractors, vendors and visitors—from bringing firearms or other weapons onto company premises. The reason for these bans? Workplace safety and liability. If an employee is threatened or assaulted on the job, liability for injuries could fall on the employer. Business owners who wish to exclude weapons from the workplace should adopt a policy prohibiting employees and others from bringing firearms or other weapons onto company property. This type of policy needs to be written, explained, and recognized by all new employees, current employees, and others that must comply with the policy (contractors, vendors, visitors).

Considering the recent events of 2012 that involved a elementary school shooting, movie theater shooting, and shopping mall shooting – guns have been the topic of choice when it comes to weapons. The ability of employers to ban guns, if chosen, can be upsetting to employees that carry a concealed weapons permit (depending on your state). The idea of guns in the workplace is coming under fire. Some states are considering proposals that would prohibit employers from excluding weapons from the workplace. According to the National Federation of Independent Businesses, “Opponents of workplace weapons policies, including gun rights groups such as the National Rifle Association, contend that the Second Amendment to the U.S. Constitution guarantees an individual’s right to keep and bear arms, and that the rights of law-abiding citizens should not be curtailed by other private citizens out of a misplaced concern for safety.  ”

Employers have successfully fought back arguing that laws prohibiting gun bans undercut violence prevention programs and infringe on employers’ property rights.  Employers point to the federal Occupational Safety and Health Act for support.

There are various state laws that restrict bans based off work location, parking lots, and concealed carry permits. These laws can get confusing – it is best to follow your company policy FIRST, in regards to weapons in the workplace. Such policy should:

• be straight forward and easy to understand;
• cover acts of violence, harassment, bullying and other intimidation;
• prohibit employees from bringing weapons in the workplace as permissible by state law;
• explain a search procedure for clothing, vehicles in company parking lots, purses, and or other personal items as permissible by state law;
• explain procedures for employees in reporting threats of violence;
• explain disciplinary procedures for employees that violate the policy.