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

A live 90-minute CLE video webinar with interactive Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Wednesday, February 8, 2023 (in 4 days)

1:00pm-2:30pm EST, 10:00am-11:30am PST

or call 1-800-926-7926

This CLE webinar will brief employment counsel on the impact of the recent 6-3 SCOTUS decision in New York State Rifle & Pistol Association Inc. v. Bruen (Bruen), overturning New York State's law limiting the carrying of firearms and allowing open carry for self-defense purposes. The panel will also discuss the implications of Bruen for employers and businesses when addressing future workplace weapons policies, federal and state law issues, insurance, and the necessity for revising outdated, general workplace violence policies amid increased violence in retail, healthcare, and other industries.

Description

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.

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Outline

  1. Overview of New York State Rifle & Pistol Association Inc. v. Bruen
  2. Enforcement
    1. OSHA update
    2. State law update
  3. Insurance considerations
  4. Best practices for implementing workplace weapons policies

Benefits

The panel will discuss these and other key issues:

  • What issues have not been resolved or remain ambiguous post-Bruen?
  • How do you handle the differences between states for multi-jurisdictional employers?
  • What are best practices for navigating the legal and compliance considerations when implementing workplace weapons policies?

Faculty

Gartenberg, David
David C. Gartenberg

Shareholder
Littler Mendelson

Mr. Gartenberg represents and advises employers of all sizes in complex litigation and employment law in federal and...  |  Read More

Mayes, Jeff
Jeff S. Mayes

Shareholder
Ogletree Deakins Nash Smoak & Stewart

Mr. Mayes is a Board Certified labor and employment law specialist who represents management in matters involving all...  |  Read More

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