By Dana Stripling, JD, Garlo Ward, P.C. www.garloward.com
Posted May 12, 2005
The Texas legislature is considering a law similar to one already passed in Oklahoma limiting employer liability for workplace violence or other injuries involving a handgun carried by someone licensed to do so. In exchange, employers may lose the right to prohibit workers from bringing licensed weapons to work as long as they are kept in a publicly accessible parking lot or garage. Currently, you may legally ban weapons anywhere at your company’s worksite, including employer-owned parking lots and garages, that would otherwise be lawful under Texas’ concealed gun law. The proposed bill, H.B. 79, still allows an employer to prohibit guns from its “premises,” but not from storing guns in a locked vehicles, unless a vehicle is going to be parked in a garage or fenced-in parking lot not open to the public and guarded by security personnel. Public (read: governmental) employers could not even prohibit weapons being kept in “secured” parking garages or lots. The proposed law has been reported out of committee and, if it passes, is scheduled to take effect September 1, 2005.
Regardless of whether or not this bill becomes law, you should know the requirements under Texas law for prohibiting employees having weapons at work, whether or not they are licensed handgun carriers. Very specifically worded notices are required to be posted if you choose to restrict weapons being carried into your facility or elsewhere related to your operations. And, as always, you should review all safety policies and practices.
For more information and suggested workplace safety precautions, take a look at the U.S. National Institute for Occupational Safety and Health (http://www.osha.gov/SLTC/workplaceviolence) and U.S. Dept. of Health and Human Services (http://www.cdc.gov/niosh). And, of course, do not hesitate to call your attorney for specific guidance and suggested policies.
All information in this article is informational only and is not legal advice. Should you have any questions or a situation requiring advice, please contact an attorney.
Copyright 2005 by Garlo Ward, P.C., all rights reserved.
Lakeway, Texas 78734 USA
Telephone: 512-302-1103
Facsimilie: 512-302-3256
Email: Info@Garloward.com
