My Right Trumps Your Right: Guns In The Workplace

Published in MaineBiz, July 25, 2011

By Rick Dacri, Dacri & Associates LLC

Maine has enacted a divisive new law that allows employees to bring their guns to work. The concealed weapon law permits employees with a valid concealed weapons permit to keep a firearm in their vehicles while at work. Business is not happy.

Many in the business community view this law as an infringement on their property rights and a threat to their workers. While not attempting to encroach on gun owners, business owners can no longer control what can or cannot be brought onto their properties and they resent the government impinging on this right. The rights of the gun owner trump the right of the property owner and that is bad for business.

On the other side, gun advocates tout the legitimate right of the gun owner to have a gun for both protection and hunting—a right guaranteed under both the state and federal constitution. Since their vehicles are private property, they argue that employers should have no right to prohibit them from keeping their weapons concealed in their locked vehicles.

Safety is another concern of employers. The workplace becomes very dangerous with guns readily available. As one business owner put it, “I don’t want to be staring at the gun of someone who comes back into the building after being terminated. Even law abiding individuals do crazy things in a highly charged moment. Getting into their car and seeing that gun…who knows what could happen?”

According to the National Institute for Occupational Safety and Health (NIOSH), homicide is the second leading cause of death on the job and the leading cause of workplace death among females. 76% of all workplace homicides are committed with a firearm. OSHA mandates that employers provide a workplace free from recognized hazards that cause or are likely to cause death or serious physical harm. Can employers maintain a safe workplace under these circumstances?

At the same time, Maine law affords employers some protection. It states “an employer or an agent of an employer may not be held liable in any civil action for damages, injury or death resulting from or arising out of another person’s actions involving a firearm….” This may help, but it is little consolation if someone gets injured, or worse.

Regardless of where you stand on this issue, the law was enacted and everyone must comply. So, what are the rules? To begin, employees must have a concealed weapon permit before bringing a gun to work. Guns are to be kept in a locked vehicle and cannot be visible. Employees do not have a right to carry their gun, concealed or not, into their company’s facility. Employers can prohibit those without a permit or any non-employees from bringing a gun onto their property.

To address the new law, employers should consider adopting the following strategies:
1. Update your existing policies to reflect the changes in the law. Those without a policy should consider adopting one.
2. Train your managers and supervisors regarding compliance with the new law. Make sure they know how to answer employee questions.
3. Communicate with your employees about the changes in your policies. Be clear about what is allowed and what is not.
4. Review your security procedures to ensure that they are consistent with the new requirements and provide sufficient protection to your employees.
5. Consider requiring employees to show their concealed weapon permit to a designated company official. Require employees to notify the company of any changes with their permit, such as a revocation.
6. Remind employees that their weapon must not be visible in their vehicles and that the vehicle must remain locked.
7. Consider implementing a workplace violence prevention program—a good idea even before the enactment of this law. The program should be broad enough to encompass all types of violence prevention and not just risks associated with guns.

The gun debate continues and the workplace is its new arena. For many employers, there has always been an understanding that employees could keep firearms in their vehicles, particularly during hunting season. For others, the concern about a loss of fundamental property rights and the fear of violence are more examples of why it is so hard to run a business. Expect little consensus on this issue. 

Rick Dacri is a human resource consultant, featured speaker at regional and national conferences, and author of the book “Uncomplicating Management: Focus On Your Stars & Your Company Will Soar.” Since 1995 his firm, Dacri & Associates has helped organizations improve individual and organizational performance. Rick connects with people in a positive and challenging way to offer practical solutions. He can be reached at 207-967-0837, or via email at rick@dacri.com