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Client Alert - Ohio's Concealed Handgun Law: Private Employers Beware!
Ohio Governor Bob Taft recently signed a bill that will allow eligible individuals to carry a concealed handgun on their person and in their vehicle. This law confers new rights upon Ohio residents. It also creates a potential problem for Ohio employers, in light of the recent increase in workplace violence in Ohio and around the country. Fortunately, the new law does not leave employers defenseless.
The law goes into effect on April 8, 2004. Therefore, concerned employers should immediately consider updating their employee handbooks and/or creating a comprehensive, well-drafted no-weapons policy to prohibit employees from carrying weapons into the workplace.
Employers should consider the following list of items when creating a comprehensive no-weapons policy:
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Post specific, conspicuous notices at all company entrances, parking garages and entrance/access points prohibiting any weapons on the premises.
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The policy should state that despite Ohio’s concealed handgun law, the employer is entitled to prohibit weapons in the workplace.
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The policy should notify employees that anyone who violates this policy is subject to disciplinary action, up to and including termination. Visitors who violate this policy will be removed from the premises and may be reported to the authorities.
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The employer may want to couple the no-weapons policy with an employee consent form that authorizes the company to conduct searches on its property.
While it is clear that Ohio’s concealed handgun law will permit individuals to carry a concealed weapon, this law does not trump a private employer’s right to prohibit weapons on their property pursuant to an established policy. If you have any questions regarding this change in Ohio law or if you would like us to draft a no-weapons policy for your business, please contact one of our labor and employment attorneys:
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