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Employment and Labor Law Attorney Stephanie E. Trudeau, Esq.
Comments on Ohio's New Concealed Weapons Law
CLEVELAND, Jan. 23 -- The following op-ed article is
submitted by Stephanie E. Trudeau, Esq., an employment and labor law
attorney in the Cleveland office of Ulmer & Berne LLP:
Ohio's New Concealed Weapons Law Hastens Need for Workplace No
Weapons Policy
By Stephanie E. Trudeau, Esq.
It used to be that employers thought they didn't need a handgun
policy in
their workplace. Who would bring a gun to work? But think again:
Ohio's new concealed weapons law means employers should seriously
consider whether to put a handgun policy in place.
Without a rule, employers should not be surprised if employees start
bringing guns to work. Prohibiting concealed weapons can be
especially
important if an employer conducts business in any of the places
where it is
still illegal to carry a gun, even under the new law.
When it takes effect April 8, 2004, the new law gives law-abiding
citizens
and mentally competent Ohioans, 21 and older, the right to carry
concealed
handguns. And that will mean guns in workplaces too unless employers
explicitly and directly tell employees "no guns." Employers also can
prohibit guns in vehicles if that vehicle will be parked on the
business' property. The same prohibition applies to guns in
company-owned or leased cars.
The law also forbids weapons in any business in a state-owned
building or
property. An employer who leases a state-owned building or property
better make sure that no employee brings a gun. Guns are also
prohibited in airport passenger terminals, public buildings where
liquor is served, university and college campuses, places of
worship, child and family daycare centers, among other places and
anywhere federal or state law already says guns are off limits.
A "No Guns at Work" Policy
But employers need to make their no guns policy explicit. They can
avoid
legal headaches and potential catastrophe by simply including a
well-crafted
no weapons policy in their employee handbooks. Here are some
pointers on
establishing a comprehensive weapons policy:
* Clearly state that employees are not allowed to carry any weapons
(i.e., guns, handguns, firearms) on company premises, including
parking
lots and company cars.
* Spell out actions that will be taken should an employee bring a
weapon
to the workplace (i.e., immediate termination).
* Make sure all employees are aware of the policy by placing it in
the
employee handbook.
Other items to consider:
* Outline procedures for reporting incidents of workplace
harassment,
intimidation or violence against an employee or company property.
Especially now, these can dangerously escalate.
* Be sure you have a thorough policy for screening new hires.
* Develop a list of warning signs about potentially violent
employees.
* Include a list of resources for employees on how to deal with
stress.
The new law does provide legal immunity to private employers who are
sued for injury, death or loss of personal property related to a
concealed gun on their premises. But why take any risk? With a
thoughtfully developed policy, widely disseminated and clearly
enforced, you can keep your workplace safe and productive.
Stephanie E. Trudeau, Esq. is a partner practicing employment and
labor
law in the Cleveland office of Ulmer & Berne LLP. She can be reached
at
strudeau@ulmer.com or (216) 621-8400.
Ulmer & Berne Description: Ulmer & Berne LLP, established in 1908,
is one of Ohio's largest law firms. A full-service firm with 160
attorneys in
Cleveland, Columbus, Cincinnati and Chicago, Ulmer & Berne
represents
financial institutions, publicly and privately held companies,
family
businesses, international joint ventures and affiliations, investor
groups,
entrepreneurial start-ups, public bodies and nonprofit
organizations. For more information, visit
http://www.ulmer.com
.
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