Implementing Workplace Weapons Policies After SCOTUS' Bruen Decision: OSHA, State Laws, Insurance, Safeguards

Although Bruen does not specifically address weapons in the workplace, the U.S. Supreme Court made clear that background checks, bans on felons possessing licenses, and gun prohibitions in government buildings, schools, and other sensitive locations are still permissible. Workplace weapons restrictions are mostly covered by state laws, including laws that allow employees to keep firearms locked in personal vehicles on work premises, laws prohibiting employers from retaliating against employees for keeping firearms in a locked vehicle, laws requiring private businesses to post signage prohibiting guns on the premises, and employer immunity laws related to firearms. Also, there may be differences according to whether the business or a third party owns the parking lot.

Employer responsibility is further complicated by OSHA which has a broad mandate that leaves many gray areas for businesses in the workplace violence area. This "general duty clause" requires that employers must act affirmatively to prevent employee injuries and deaths. Noncompliance may result in hefty fines and criminal penalties. OSHA's website includes various publications, compliance directives, and recommendations for avoiding workplace violence such as violence prevention plans and risk assessments. It is anticipated that OSHA will develop further standards just as lawmakers at the state level are looking to make changes post-Bruen.

In response to increased workplace gun violence in today's climate, many insurance carriers provide active shooter policies or endorsements that include coverages like CGL policies (damages, legal liability, business interruption, etc.), but also provide additional coverages for victim crisis services, risk assessment, brand rehabilitation costs, and other items. Like other insurance policies, counsel needs to be cognizant of specific exclusions limiting coverage, such as coverage limits to only visitor victim claims, weapons that are not guns and knives, and often casualty threshold limits following a violent attack.

Listen as our authoritative panel of employment attorneys discusses Bruen, future trends on workplace weapons policies, insurance, and compliance with the nuances in state laws, especially when advising global and multi-jurisdictional employers. The panel will offer best practices for preventative measures for curbing workplace violence and crafting sound weapons policies that foster a safe and secure workplace while balancing an employee's Second Amendment rights.