Seyfarth Synopsis: States continue to strike down restrictions and expand gun access, requiring employer vigilance to comply with the law and protect employees from workplace violence hazards.
Seyfarth Synopsis: States continue to strike down restrictions and expand gun access, requiring employer vigilance to comply with the law and protect employees from workplace violence hazards.
Employers have been alarmed by an increase in workplace violence over the last ten years, particularly in health care. The prevalence of active shooters in workplace (and decline in accidental deaths) mean that workplace violence now accounts for 17% of all occupational fatalities. In the event of a workplace shooting, OSHA agencies can issue Serious citations to employers who fail to protect employees from a recognized hazard of workplace violence. If improperly managed, an OSHA inspection and citation could be used against an employer in a multi-million-dollar tort action relating to the shooting. Employers further must implement workplace violence prevention programs in some state plan states (e.g., CA, NY), while struggling to comply with expanding firearms access laws in dozens of others.
The Supreme Court's Precedent and Expanding Gun Rights
Recent legislative and judicial developments across the country have expanded individual rights to carry firearms. State courts have applied the Supreme Court's decision in New York State Rifle & Pistol Association, Inc. v. Bruen to strike down...
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