Who wants to work insecure? All companies work to secure the workplace. Therefore, workplace violence prevention is a high listed priority for them. Most of the companies have their security system and stuff or engage a third party. However, employees also wish to bring their firearms with them in the workplace to assure personal security. Every company should have a proper gun safety rules.
Often the presence of even personal gun makes people disturbed to work appropriately due to fear. Besides various companies observed a change in the normal behavior of the employees who bring a gun with them.
Most of the companies tell their people not to bring firearms in the workplace, which relieves them from liability of firearm violence and assure secure environment.
Any responsible organization must have a violence prevention policy, which must include the issue of gun management in the workplace. If such a policy does not contain the firearm management system, the policy is useless. However, the provocative question comes to the organization if they allow the gun to their premises. If there is no crime scene they issue may be overlooked by the law agencies but if there is one, it becomes crucial. Although the company is not charged for the crime committed by its workers, it may be charged for the negligence. Few states offer an immunity clause to the company by making a law to prevent personal gun carrying.
4 Rules of Gun Safety
There are 4 cardinal rules of gun safety that a gun holder must know in maintaining the guns. As the gun holders are not always trained officers, the knowledge is must. As a civil person one has to take some training as well as know the rules and tips before running a gun.
Treat the guns to be loaded all the time
You are having a gun or someone have you a gun. Never think that these are unloaded rather always think that the guns are loaded and accidents may happen any time. Always remember, the more caution the more safety. So before any processing of the guns like storage, manage or shooting, check the guns if it is loaded or not.
Avoid the Point that you won’t target
Yo have to maintain the muzzle cover in a way that it cannot destroy any unexpected things in the front. Stay in a safe direction and point out the thing safely so that the shooting might be successful. In every phase of loading, re loading, targeting, shooting should be predetermined clearly. Any innocent should never be your victim. Or any thing that is dangerous to point should be out of your target.
Be fully prepared and have your fingers on the trigger
At the first you have to point the target to shoot. You have to carefully catch your trigger and aim at the target. Don’t put your finger in the trigger without making any decision. The angle of the gun should be in the perfect side. Put the fingers when all the things like position, aim and angles are perfect to set.
These rules of firearm safety are the first requisite for having and using a gun in workplace or any where else.
Ensure the target and beyond it
Make sure you have cleaned the areas around the target as it is extremely risky to shoot if any thing or person is there beyond the target. Before targeting make a safe zone and area around your target. It is the last thing that you should do immediately before the shooting.
Company Liability for Gun Safety Rules
Often there are three types of liability for a gun incidence in a company due to employer negligence.
While there’s no federal law establishing a companies’ duty to forestall violence, but they must assure a secure environment to their employees by OSHA Acts.
Compensation Laws for Workers
Employers’ are bound to pay to the employees’ rights as workers’ compensation advantages. State law mostly rules this. Typically, workers receive compensation benefits for injuries arising within the time of their job with the employer. The gun-related incidents also come in this category of benefits.
As the worker’s compensation does not include employer negligence, there is another system of claiming negligence. This is mostly in favor of the employee. People sometimes claim negligence benefit from their loss to the company. Depending on the situation, the claim for negligence is the following types:
- First, negligence in Hiring
- Second, negligence in Supervision
- Final, negligence in Retention
The most difficult thing is the negligence is also governed by the state law. Therefore, without good policy, the company cannot save it for this state governed law.
The employer is responsible to confirm the secure work environment for the employees. If the state law does not provide any immunity, the secretly taken firearms issue can cause a legal obligation. Again, the policy of one company or a state may not apply to the other company or the same as the other state.
Therefore, for assuring safety for the employee and the organization, there must a policy, which include the gun management or gun carrying by the employees at the workplace and the liabilities.
To reduce the legal risk and make a secure work atmosphere, employers typically create work violence policies that embody a ban on weapons at work. Currently, there’s no federal law that regulates weapons at non-public workplaces.
However, many states have enacted supposed guns-at-work laws. These laws are designed to safeguard employees’ rights to possess hidden firearms, vary in terms of their restrictions.
The fast flow of guns-at-work laws is regarding for several employers. On the one hand, while not immunity, obliging with a law that permits workers to bring hid firearms to the employer’s property will increase legal risk. In distinction, insubordination with a guns-at-work law will result in civil or criminal penalties in some states.
Quick Overview of Guns at Workplace
Around fifteen states have enacted few laws addressing guns at work. Some of those laws have the common goal of protecting an individual’s right connected arms. However, they take issue regarding what quantity restriction is placed on associate employer’s ability to ban weapons at work.
- Protect employees’ rights to keep guns within personal vehicles even in the employer’s parking lot.
- Limit the employer’s scope to look vehicles on its parking & have a good gun safe.
- Prohibit discrimination against firearms owners.
- Permit employers to ban weapons at work through notice.
- Subject to fine a company for failure to fulfill the law’s restrictions or necessities.
- Provide immunity to employers from injuries arising out of compliance
What can a violence or gun safety policy contain and the HR role?
Company’s policymakers will create an effective policy that will reflect the gun carry liabilities in an organization. The company’s policy should assure a secure working environment. In addition, it also obeys public rights and employee rights. Moreover, the policy should also be a safeguard for the employer to protect them from any sue of negligence.
It is better to start before an offense takes place. The company should implement and maintain a gun safety or violence prevention policy. Moreover, there should be an instruction for the employees about what they can do and what is prohibited in the company. During joining, the HR should include it in the training module or inform the employees according to the company’s internal system. The violence prevention policy should have a focus on the following events:
- Be easy to read and interpret the gun rules
- Cover acts of violence, harassment, bullying, and other daunting
- Prohibit workers from carrying weapons within the company’s premises permitted by state law
- Established systems for workers to report threats or brutal acts
- Initiate a disciplinary system for workers who violate the policy
- Explain the resources accessible to workers and they can bring to the workplace
- Prevent discrimination and return against the violence victims
The expert opinion on creating own violence or gun safety rules
After reading this long article, we think employers will have some good ideas about how to create a gun safety policy for the workplace. We have tried to prepare it based on various state laws and communicating with law firms. We suggest the employer prepare his or her violence protection policy including the gun safety after counseling with the own state lawyer. A good lawyer can guide you to set the clause by providing immunity to the employer without violating the state rule of workplace safety, employee rights, and negligence of the employer.