New company policy.. heh

[ssblair]

Just received a new "Workplace Violence Prevention" policy from our employer... I want to say that recent Federal court decisions and also recent Indiana legislation puts certain parts of this policy in conflict with Indiana law (specifically weapons in vehicles and searches).

What were the Federal decisions that supported this? I came up with Indiana Code 34-28-7, but have had trouble finding the Federal decisions. Any help finding them would be appreciated.

The policy distributed by our employer reads something like this:

_____ COMPANY
Prevention of Workplace Violence

______ Company has a commitment to provide a safe workplace for all employees and visitors. To ensure a safe workplace and to reduce the risk of violence, all employees should review and understand all provisions of this policy.

Application


This policy applies to all Company employees, contract and temporary employees, customers, visitors, vendors, suppliers, and contractors on Company property, regardless of whether or not they are licensed to carry a concealed weapon. The only exceptions to this policy will be police officers, security guards or other persons who have been given written consent by the Company to carry a weapon on the property. This policy also applies at all times when employees are engaged in conducting business on behalf of the Company whether such employees are on or off Company premises as defined herein.

Zero Tolerance


The (“Company”) has a policy of zero tolerance for violence. If you engage in any violence in the workplace, or threaten violence in the workplace, your employment may be terminated immediately.

“Violence” includes physically harming another, shoving, pushing, harassing, intimidating, coercing, brandishing weapons, and threatening or talking of engaging in those activities, or engaging in conduct that could reasonably be expected to result in violence. It is the intent of this policy to ensure that everyone associated with this business, including employees, customers, and visitors never feel threatened by another’s actions or conduct engaged in the course of business with the Company.

Workplace Security Measures


In an effort to fulfill this commitment to a safe work environment for employees, customers, and visitors, access to the Company’s property is limited to those with a legitimate business interest.

Weapons Ban: The Company prohibits all persons who enter Company property from carrying a knife, firearm, or other weapons readily capable of lethal use (hereinafter collectively referred to as weapon) onto Company property regardless of whether such person is licensed to carry the weapon or not in a vehicle or on their person.

Company Business: All Company employees are prohibited from carrying a weapon while in the course and scope of performing their job for the Company, whether they are on Company property at the time or not and whether they are licensed to carry a weapon or not. Employees may not carry a weapon covered by this policy while performing any task on the Company's behalf. The only exceptions to this policy will be persons who have been given written consent by the Company to carry a weapon while performing specific tasks on the Company's behalf.

Company Vehicles: The Company prohibits the possession, use, transporting, displaying or brandishing of any weapon by any Company employee or any other individual, including vendors, suppliers, customers, and visitors while in any vehicle in which the Company has any form of property interest. Company employees are responsible for ensuring that their passengers comply with this prohibition and will be subject to disciplinary action under this policy for the actions of their passengers that violate this policy.

Personal Vehicles: It is a violation of this policy if an employee removes, displays or brandishes any weapon that an employee has legally in the employee’s personal vehicle while on any premises in which the Company has any form of property interest or on Company business, regardless of whether the employee has a concealed carry permit.

Company Events: This policy prohibits weapons at any Company sponsored function such as parties or picnics.

Searches: The Company reserves the right to conduct searches of any person, vehicle or object that enters onto Company property. Pursuant to this provision, the Company is authorized to search lockers, desks, purses, briefcases, baggage, toolboxes, lunch sacks, clothing, vehicles parked on Company property, and any other item in which a weapon may be concealed. Additionally, the Company may search a vehicle owned by it and used by the employee, and a vehicle owned by an employee that is being used to conduct business on behalf of the Company, regardless of whether the vehicle is located on Company property at the time. Searches may be conducted by Company management or authorities. To the extent the search is requested by Company management and the employee is present, the employee may refuse the search; provided, however, that such refusal can result in termination of employment for refusal to cooperate. The Company reserves the right to conduct searches on its property or authorize searches by law enforcement on its property without the employee being present.

Posted Areas: Employees, customers, and visitors are prohibited from carrying, displaying or brandishing any weapon in an area that has been posted as off limits to concealed weapons while on any Company premises in which the Company has any form of ownership interest or on Company business.

Non-Employees


Company Premises: All premises in which the Company has a property interest of any form is off limits to all weapons. All such premises will contain a posting to that effect. No person is permitted to carry a weapon in the posted areas, even if that individual otherwise has a concealed carry permit.

Company Vehicles: All individuals are prohibited from carrying a weapon in any vehicle in which the Company has any form of property interest, even if such individual has a concealed carry permit.

Definitions


Prohibited Weapons: Prohibited weapons include any form of weapon, ammunition, explosives, or explosive devices that are readily capable of lethal use or are restricted under local, state or federal regulation. This includes all firearms, knives or other weapons covered by the law. [Legal, chemical dispensing devices such as pepper sprays that are sold commercially for personal protection are not covered by this policy.] If you have a question about whether an item is covered by this policy, discuss this issue with your immediate Supervisor or Plant Manager. You will be held responsible for making sure beforehand that any potentially covered item you possess is not prohibited by this policy.

Company Premises / Property: "Company premises / property" covered by this policy includes, without limitation, all Company owned or leased real estate and all improvements thereon, buildings, and surrounding areas such as sidewalks, walkways, driveways and parking lots under the Company's ownership or control. Company vehicles are covered by this policy at all times regardless of whether they are on Company property at the time. This policy also applies to personal vehicles when used for Company business.


Reporting Violence


It is everyone’s business to prevent violence in the workplace. You can help by reporting what you see in the workplace that could indicate that a co-worker, visitor, or customer is in trouble. In the case of a fellow employee, you may be in a better position than management to know what is happening with a co-worker.

You are encouraged to report any incident that may involve a violation of any of the Company’s policies that are designed to provide a comfortable workplace environment. Concerns may be presented to your supervisor.

All reports will be investigated and information will, to the extent possible, be kept confidential.

Violations


Failure to abide by all terms and conditions of the policies described above may result in discipline up to and including termination. Compliance with this Policy is expressly made a term or condition of employment and/or continued employment with the Company. Any individual, employee, or non-employee, who violates this Policy will be asked to leave the Company premises, as defined herein, and will be escorted from the premises. Further, carrying a weapon onto Company property in violation of this policy will be grounds for immediate removal from the Company property, and may result in prosecution. Proper Authorities will be immediately summoned to seek their assistance in situations in which any individual refuses to leave Company premises.

THIS POLICY SHALL NOT BE CONSTRUED TO CREATE ANY DUTY OR OBLIGATION ON THE PART OF THE COMPANY TO TAKE ANY ACTIONS BEYOND THOSE REQUIRED OF AN EMPLOYER BY EXISTING LAW.

If you become aware of anyone violating this policy, please report it to your immediate supervisor, Plant Manager, Human Resources, or a Safety Representative immediately.


________

President

What have others done to push back against employers adopting policies that are in conflict with our legal protections?

 

[Westside]

I am guessing that the company is an exempted property just like Lily in Indianapolis, all the federal and state government buildings, and other places that fall under the DHS exemption clause.

You can Contact Guy Relford http://www.relfordlaw.com/ and he will give you an honest answer.

 

[other dave]

Just received a new "Workplace Violence Prevention" policy from our employer... I want to say that recent Federal court decisions and also recent Indiana legislation puts certain parts of this policy in conflict with Indiana law (specifically weapons in vehicles and searches).

What were the Federal decisions that supported this? I came up with Indiana Code 34-28-7, but have had trouble finding the Federal decisions. Any help finding them would be appreciated.

The policy distributed by our employer reads something like this:

What have others done to push back against employers adopting policies that are in conflict with our legal protections?

Guy? Kirk? I think your expertise is required.

 

[ArcadiaGP]

My company's "workplace safety" section also has an area on searching vehicles, etc.

But, it was last drafted in 2009. From how things are around here, most people have guns in their car anyway. Ah well

 

[Westside]

applicable Indiana code.

SECTION 2. IC 10-14-3-33.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 33.5. (a) Except as provided in subsection (b), the state, a political subdivision, or any other person may not prohibit or restrict the lawful possession, transfer, sale, transportation, storage, display, or use of firearms or ammunition during: (1) a disaster emergency;
(2) an energy emergency; or
(3) a local disaster emergency;
declared under this chapter.
(b) Subsection (a) does not authorize the possession, transfer, sale, transportation, storage, display, or use of firearms or ammunition during an emergency described in subsection (a):
(1) in or on school property, in or on property that is being used by a school for a school function, or on a school bus in violation of IC 20-33-8-16 or IC 35-47-9-2;
(2) on the property of:
(A) a child caring institution;
(B) an emergency shelter care child caring institution;
(C) a private secure facility;
(D) a group home; or
(E) an emergency shelter care group home;
in violation of 465 IAC 2-9-80, 465 IAC 2-10-79, 465 IAC 2-11-80, 465 IAC 2-12-78, or 465 IAC 2-13-77;
(3) on the property of a penal facility (as defined in IC 35-41-1-21);
(4) in violation of federal law;
(5) in or on property belonging to an approved postsecondary educational institution (as defined in IC 21-7-13-6(b));
(6) on the property of a domestic violence shelter;
(7) at a person's residence; or
(8) on property owned, operated, controlled, or used by an entity that:
(A) is required to:
(i) conduct a vulnerability assessment; and
(ii) develop and implement a site security plan;
under the United States Department of Homeland Security's Chemical Facility Anti-Terrorism Standards issued April 9, 2007; or
(B) is required to have a security plan under the Maritime Transportation Security Act of 2002, Public Law 107-295.
SOURCE: IC 34-6-2-46.7; (10)HE1065.1.3. --> SECTION 3. IC 34-6-2-46.7 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 46.7. "Firearm", for purposes of IC 34-28-7 and IC 34-30-20, has the meaning set forth in IC 35-47-1-5.

SOURCE: IC 34-6-2-49; (10)HE1065.1.4. --> SECTION 4. IC 34-6-2-49 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 49. (a) "Governmental entity", for purposes of section 91 of this chapter, IC 34-13-2,

Enrolled Act, House Bill 1065

 

[horsehaulin]

Not wanting to hijack, but where can I find the laws so I know I am not violating any rights with my drivers. Half of them are felons, but the rest are not allowed to carry due to my dads policy.

 

[horsehaulin]

Never mind, lol

 

[Westside]

Not wanting to hijack, but where can I find the laws so I know I am not violating any rights with my drivers. Half of them are felons, but the rest are not allowed to carry due to my dads policy.

just like on INGO the search function is your friend. Indiana Constitution

 

[ssblair]

I am guessing that the company is an exempted property just like Lily in Indianapolis, all the federal and state government buildings, and other places that fall under the DHS exemption clause.

You can Contact Guy Relford The Law Offices of Guy A. Relford and he will give you an honest answer.

The policy came out of our corporate office in a different state for application to all our facilities in like 7 or 8 different states. Our plant property would not be considered a "secure" facility, at least by the definitions I seen here on another similar recent post--no security guards, nor is the property totally fenced (parking lot is not fenced), nor are we a school, nuclear facility, or any special facility that I see listed in the Indiana Code. The railyard to the north, I believe, probably does qualify as a secured facility, but they aint us....

 

[indytechnerd]

Rather than quoting the whole policy, I'll pull parts as needed:

1. "Application
...This policy also applies at all times when employees are engaged in conducting business on behalf of the Company whether such employees are on or off Company premises as defined herein."
- So, how does this jive with someone who occasionally works from home?

2. "Zero Tolerance
...or engaging in conduct that could reasonably be expected to result in violence."
- no soccer or hockey matches then? What about [ame="www.youtube.com/watch?v=8UWwCftjR0s"]Church League Softball?[/ame]

3. "Company Business: All Company employees are prohibited from carrying a weapon while in the course and scope of performing their job for the Company, whether they are on Company property at the time or not and whether they are licensed to carry a weapon or not."
- More of that working from home conundrum.

4. "Prohibited Weapons: Prohibited weapons include any form of weapon, ammunition, explosives, or explosive devices that are readily capable of lethal use or are restricted under local, state or federal regulation. This includes all firearms, knives or other weapons covered by the law. [Legal, chemical dispensing devices such as pepper sprays that are sold commercially for personal protection are not covered by this policy.]"
- So it's ok for me to bring in a giant can of bear spray, but not the little SWAK attached to my keychain?

5. "Reporting Violence
...It is everyone’s business to prevent violence in the workplace. You can help by reporting what you see in the workplace that could indicate that a co-worker, visitor, or customer is in trouble....

Violations
...Failure to abide by all terms and conditions of the policies described above may result in discipline up to and including termination."
- If you don't report a co-worker who's giving you the stink-eye while using a nail file, you can be fired.

I don't know if this is an exempted workplace or not, but the above is outside even the scope of that. If the 'policy' attempts to govern your behavior off property then it's bogus, IMHO.

 

[Westside]

The policy came out of our corporate office in a different state for application to all our facilities in like 7 or 8 different states. Our plant property would not be considered a "secure" facility, at least by the definitions I seen here on another similar recent post--no security guards, nor is the property totally fenced (parking lot is not fenced), nor are we a school, nuclear facility, or any special facility that I see listed in the Indiana Code. The railyard to the north, I believe, probably does qualify as a secured facility, but they aint us....

If you really want to fight the policy I would give Guy Relford a call. He loves these kinds of things.

 

[ssblair]

If you really want to fight the policy I would give Guy Relford a call. He loves these kinds of things.

I may well do that. But for now, I was hoping that somebody remembered the Federal case out of Kansas (I think it was) that prompted states like Indiana to adopt the legal code we have now.

 

[GodFearinGunTotin]

Just remember: unless you're protected by some sort of contract or some legal clause(s) that I may be overlooking, they can fire you for any reason they want. If they decide to fire you because they think you have a gun in your vehicle, your hope is they're dumb enough to tell you so. If they're smart, they'll give you no reason.

 

[ArcadiaGP]

Just remember: unless you're protected by some sort of contract or some legal clause(s) that I may be overlooking, they can fire you for any reason they want. If they decide to fire you because they think you have a gun in your vehicle, your hope is they're dumb enough to tell you so.

I was let go from a job last year for just this reason. They didn't say anything, but the day after they knew I had a firearm, I was called by my contract-provider and told to not go back. Meh.

100% sure it was gun-related, because out of everyone else there, I was the better worker.

 

[Indy_Guy_77]

I was let go from a job last year for just this reason. They didn't say anything, but the day after they knew I had a firearm, I was called by my contract-provider and told to not go back. Meh.

100% sure it was gun-related, because out of everyone else there, I was the better worker.

It was Subway, wasn't it?

 

[ArcadiaGP]

It was Subway, wasn't it?

.... No.

No it was not :P

I have standards! I'd never work in the food industry... IT only...

 

[GuyRelford]

The primary statute that applies is actually Ind. Code 34-28-7-2, although 34-28-8-6 is also implicated to some degree. The policy quoted above appears to violate 34-28-7-2 unless the company falls into one of the exceptions listed in the statute.

Guy

 

[CarmelHP]

Send your employer an anonymous note with the statutes mentioned above and point out the remedies provided in 34-28-8-7. Couldn't hurt.

 

[TTravis]

What if the name of the company? Their policy applies to customers, I would like to know. I would not want to be one of their customers.

 

[Sfrandolph]

At least it doesn't appear that your company is prohibiting you from carrying your firearm in your personal vehicle. I saw another post earlier today where a company was going to fire an employee for having a firearm secured in their personal vehicle.