Some state laws governing firearms at the workplace have shifted toward a more permissive stance, while the U.S. Supreme Court has recognized a constitutional right to carry firearms outside the home and Congress has passed a new gun safety law. Given all the recent changes, employers may wish to review their policies and consider whether changes or additions are needed. The key is to strike a balance between upholding individuals' gun rights with protecting the safety of all employees and customers.

"As laws restricting gun possession are now more suspect, more of the burden on regulating firearms may fall on employers," said David Gartenberg, an attorney with Littler in Denver. "The immediate question for employers is to revisit and potentially revise their firearm in the workplace policy to ensure the current policy conforms with the employer's goals and obligations to provide a safe workplace."

Federal Law

Employers have a legal duty to keep employees safe at work. Under the federal Occupational Safety and Health Act (OSH Act), employers can be held liable for gun-related injuries or fatalities at the workplace. In addition, employers must pay workers' compensation claims for workers injured by gun violence at the workplace.

"Employers are responsible under the OSH Act to furnish a place of employment free from recognized hazards that could cause death or serious physical harm to its employees, and OSHA [Occupational Safety and Health Administration] has stated that...

Read Full Story: https://www.shrm.org/resourcesandtools/legal-and-compliance/employment-law/pa...