Original Date: July 23, 2018

The question regarding weapon-free workplace policies is often asked by employers.  Can we tell employees to keep firearms off company property or out of company vehicles?  What about concealed carry permits?  “Many states throughout the country have “parking lot storage” laws that give employees the right to keep firearms in their vehicles even when they are parked on employer-owned property…laws often have rules on where a firearm must be kept…hidden away in a locked car or out of plain sight.”[i]  Laws vary by state.  However, in New York State and the State of Pennsylvania, there is no parking lot storage laws that will impact the decisions of the organization.  Therefore, we can establish a zero-tolerance policy for weapons on or in company “property.”

States that currently have parking lot storage laws:

Alabama Alaska Arizona Arkansas
Florida Georgia Illinois Indiana
Kansas Kentucky Louisiana Maine
Minnesota Mississippi Nebraska North Dakota
Ohio Oklahoma Tennessee Texas
Utah West Virginia Wisconsin  

 

Information that should be included in the weapon-free workplace policy:

  1. Purpose: Organization X maintains a workplace safe and free of violence for all employees. The company prohibits the possession or use of dangerous weapons on or in the organizations “property.”
  2. Persons Covered: Who is covered by the policy? Full-time, contract workers, temporary employees, interns, visitors, customers, etc.  The license does not supersede the organizations policy.  Violation of the policy is subject to discipline, up to and including dismissal.
  3. Define Company Property and Dangerous Weapons: Buildings, surrounding areas, vehicles owned or leased, firearms, explosives, knives, etc.
  4. Searches of Property: Set the tone and ensure that the policy clearly outlines the language as it relates to personal property searches. Federal, state and local laws regarding searches.  What if they fail or refuse to allow the search?  Spell that out as well.
  5. Enforcement: Who administers the policy? Who should an employee contact if there is concerns?  HR, business owner, general manager, etc.

The weapon-free workplace policy should be no more than 1-2 pages in length, depending on definitions and enforcement.  Throughout the Southern Tier and Northern Pennsylvania, we have employees who hunt after work.  This does not mean they can keep a hunting weapon in their vehicle if your policy does not allow them too.  Hold the workforce accountable and enforce the policy as it is written.  I know of organizations that allow certain employees to keep a concealed weapon for safety of the organization.  This responsibility comes with additional training and is generally approved by the business owner or high-level employee.  This is rare, but I have worked with a few organizations that do this.  Know the laws; federal, state and local, communicate the policy, enforce the policy through training, hold the workforce accountable and ensure we are providing a safe place to work.  If you are unclear on laws, regulations, policy drafting, training design or policy communication, seek guidance.  The laws continue to change on parking lot storage throughout the country.  We will continue to see evolution of these laws.

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– Matthew Burr, HR Consultant

[i] https://www.shrm.org/resourcesandtools/legal-and-compliance/state-and-local-updates/xperthr/pages/guns-in-parking-lots-laws-by-state.aspx

 

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Published by Mathew W. Burr, MJ-LEL, MBA, MHRIR, GPHR, SHRM-SCP, SPHR, CPHR-INT, Chartered CIPD

Mathew W. Burr, MJ-LEL, MBA, MHRIR, GPHR, SHRM-SCP, SPHR, CPHR-INT, Chartered MCIPD Lean Six Sigma Black Belt ABOUT: Matthew Burr has over 18-years of experience working in the human resources field, starting his career as an Industrial Relations Intern at Kennedy Valve Manufacturing to most recently founding and managing a human resource consulting company; Burr Consulting, LLC, Talentscape, LLC and Co-Owner of Labor Love, a Labor, and Employment Law poster printing company. Prior to founding the consulting firm, the majority of his career was heavy industry manufacturing and healthcare. He specializes in compliance auditing, training labor and employment law, conflict resolution, performance management, labor, and employment relations. Matthew has a generalist background in HR and operations, while providing strategic HR and operational solutions to his clients, focusing on small and medium sized organizations. He works as an Adjunct at Alfred State University, Tompkins Cortland Community College, and Montgomery Community College. He successfully designed an HR Concentration in the business management major that aligned with both SHRM and HRCI certifications, providing opportunities for students to sit for both the SHRM-CP and aPHR certifications upon completion of the degree, concentration, and internship hours as an Assistant Professor of Management at Elmira College (Retired January 2022). Matthew is also the SHRM Certification Exam Instructor, with a current pass rate of 92% on the SHRM-SCP and 83% pass rate on the SHRM-CP and a combined 88% on both exams over a 7-year period of instructing the course (Elmira College, Collin College & The College of St. Rose). Matthew works as a trainer at Tompkins Cortland Community College, Corning Community College, Broome Community College, and HR Instructor for Certification Preparation for the Human Resource Certification Institute (HRCI). He also acts as an On-Call Mediator and Factfinder through the Public Employment Relations Board in New York State, working with public sector employers and labor unions. PUBLICATIONS: Matthew has over 70+ publications including, American Bar Association (ABA) Experience Magazine, Cornell HR Review, Business Insider, New York State Bar Association (NYSBA), PayScale, Society of Human Resource Management (SHRM), and Expert 360 (in Australia). In early 2017, he published his first book, “$74,000 in 24 Months: How I killed my student loans (and you can too!),” proceeded by his second book, which was published in January 2021, “Slay the Student Loan Dragon: Tips and Tricks on How to Conquer the Student Loan Game” and his most recent book, “Unbox Your HR Career” in July 2023. VOLUNTEER WORK: Matthew is currently the New York State Society of Human Resource Management (NYSSHRM) District-Director. EDUCATION & TRAINING: Additional Training & Development:  SHRM Workplace Coaching and Mentoring Recertification Program, 2020  SHRM Foundation Employing Abilities @Work Certificate, 2020  SHRM Foundation Veterans at Work Certificate Program, 2018  Delta County Chamber of Commerce: Delta Force Leadership Program, 2013 FEATURED IN & ON: Matthew was featured on CNN Money, Fast Company, Fits Small Business, Fox News, Magnify Money, Monster.com, My Twin Tiers, Namely, Student Loan Hero, Smart Sheet and CEO Blog Nation, Human Resource Certification Institute (HRCI), Society of Human Resource Management (SHRM). Burr Consulting, LLC Capabilities Statement General Information: Burr Consulting, LLC Owner: Matthew W. Burr Mission Statement: “Strategically Aligning HR as a Partner for the Success of Your Business” Contact Information: Burr Consulting, LLC What's New in HR Blog Talentscape, LLC Labor Love, LLC (Labor Posters) The HR Support Center The Upstate HR Podcast (607)227-4386 Matthew@Burrconsultingllc.com Facebook: Burr Consulting, LLC LinkedIn: Burr Consulting, LLC Twitter: @Burrconsulting Online Certification Verification: Credibly Dun & Bradstreet (D&B) Number: 080776443 NAICS Codes: 541612, 923130, 54161, 541611, 541613, 611430, 541618, 561312, 561311 SIC: 8742, 8748, 9441, 8748001, 8748026 Our Services HR MANAGEMENT New Hire Orientation; Temporary HR Support; Recruiting and Application Tracking; HR Compliance (ADA, FMLA); Employee Handbook; Policy and Procedure; HRIS; HR Audits; Job Profile Design and Revision; HR Key Performance Indicators; EEO Reporting and Classification; State Unemployment Insurance Services TRAINING & TRAINING DEVELOPMENT Organizational Development; Employee Relations; Workplace Violence; Harassment & Sexual Harassment; Union Awareness; Managerial EMPLOYEE & LABOR RELATIONS Employee Relations Training; Conflict Resolution; Mentoring; Workplace Investigations; Labor Contract Costing; Mediation & Arbitration Prep; Fact-Finding; Workplace Investigations; Coaching & Counseling; Performance Reviews; Contingency Plan Development; Contingency Plan Training; State of New York Public Employment Relations Board (PERB)PERB Mediation and Fact-Finding Panels (Albany, NY covering the Elmira, NY Area) HIRING & RECRUITMENT Applicant Tracking Systems; Metric Development; Interview Training; Workforce Planning; Recruitment; Interviews; Job Offers; New Hire Process POLICY & COMPENSATION Group Plans – Healthcare, Dental, Vision, Group Life, Short- and Long-Term Disability; Retirement – 401(k), Profit Sharing, Roth; Workers Compensation; Total Compensation Design and Strategy; Deferred Compensation Plans; Salary Surveys; Reward Systems; Online Payroll; Customized Payroll Processing; Employee Self Service; Customized Reporting HR COMPLIANCE MATERIALS Burr Consulting, LLC is excited to announce a new partnership with Labor Love LLC, expanding our services to include HR printed materials compliant with industry standards.

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