How to Design a No-weapons Policy

Written notice of policy change/implementation should be posted at all entrances to company facilities.

Consider adding similar language to the employment application.

If there is a significant number of non-English speaking applicants, customers, visitors or employees, post notices in all commonly used languages.

The policy should be grounded on the employer's legal duty to provide a safe workplace and to provide reasonable care in the employer's management and supervision of employees.

The policy should be drafted to:

• Include all weapons.
• Prohibit weapons on the employer's property including parking lots and company vehicles.
• Prohibit possession by any person--visitor, customer, vendor or employee except authorized employees such as armed security guards.
• Bar weapons from being on the person, or in the person's property (such as a briefcase or tool box) including his or her vehicle when that property is on company property.

The policy should specifically state that the policy applies and governs on company property when there is a state's right-to-carry law. For employers in right-to-carry states, stress that the employer's policy prohibiting weapons on company property is not canceled or modified in any way by the right-to-carry law.

The policy should define all terms such as:

• possession
• weapon
• employee
• right to carry
• property

State in the policy that the employer has the right and will exercise the right of conducting routine searches of the workplace.

• Describe in general terms the areas that will be searched.
• Generally, if there is no expectation of privacy in the workplace, courts will not hold an employer to a privacy standard. In clear terms advise the workforce that there is no expectation of privacy.
• Periodically conduct searches.
• Require that all employee sign consent forms at hire authorizing searches.
• Keep the signed form in the employee s personnel file.
• These forms should specify that there is no expectation of privacy and itemize areas that will be searched including lockers and desks.
• State that all such areas are the property of the employer and have been furnished by the employer for use by the employee for business purpose only.
• Forbid the use of private locks on company property.
• Publish the policy widely.
• Include in employee handbooks.
• Distribute to new employees at the time of hire.
• Reinforce by articles and reminders in employee publications.
• Underscore the purpose behind these --providing and ensuring a safe workplace.
• Have employees sign a written acknowledgement that they have read and understand the policy. Keep the signed acknowledgement in the employee's personnel file.
• Consistently enforce. Do not make exceptions.
• Outline what will happen if an employee violates company policy.
• Supervisors must be trained to enforce the policy consistently.

External issues. Public opinion cannot be ignored. In situations where employers are establishing or maintaining policies that may seem to be against the prevailing community sentiment, there may be negative comment and publicity. For example, smoking by adults is legal; however, there is not a strong lobby against restrictions and prohibitions against smoking in the workplace when implemented by employers. Therefore, employers are not concerned about violating an employee's legal rights when smoking is restricted in the workplace. The same attitude may not exist on the issue of right to carry laws and individual rights to self protection.

Employers must be sensitive to the interests and concerns of shareholders, customers, special interest groups, the media and the general public as well as proactively manage the workplace. Where there may be conflict, use communications to explain.

Employers should seek legal advice to determine what steps should be taken when customers, vendors or visitors violate the no-weapons policy. Procedures should be drafted and approved by counsel. All parties should be trained prior to implementation.

Consider incorporating a no-weapons policy with the company s efforts on preventing violence in the workplace. 

Reprinted with permission. © CCH