Firearms in the Workplace: What You Should Know about Your Business’s Rights and Risks

With 17 million units sold in 2020, firearms sales in the United States have hit a new record, topping the previous record set in 2016. With more Americans armed than ever before, employers may worry about firearms in the workplace. A firearms-related incident in the workplace could bring worker’s compensation claims or lawsuits. Most workplaces in Indiana are subject to the Occupational Safety and Health Act (OSHA), a federal law which regulates workplace health and safety, as well as Indiana’s own state laws regarding firearms and the workplace.

OSHA mandates that every employer has a duty to provide a safe working environment. This is a broad standard, and to satisfy it, some employers take the approach of an outright ban of weapons in the workplace. Indiana’s laws, however, place limitations on what policies employers may adopt concerning firearms. Indiana law prohibits employers from conditioning employment on an applicant foregoing his or her legal right to purchase, own, or use a firearm. Indeed, Indiana employers may not even require an applicant to disclose information about his or her gun ownership (unless a firearm is required for the job). Additionally, Indiana Code section 34-28-7-2 states that an employer may not adopt a policy or rule that prohibits an employee from possessing a firearm that is locked out of sight in the employee’s car. This does not apply to some workplaces, such as childcare institutions, a group home, or a private, secure facility.

McNeelyLaw LLP is ready to discuss your business’s rights and risks to create policies that reflect your business’s values while also limiting exposure to liability. Call us at 317-825-5110 to set up a consultation.

This McNeelyLaw LLP publication should not be construed as legal advice or legal opinion of any specific facts or circumstances. The contents are intended for general informational purposes only, and you are urged to consult your own lawyer on any specific legal questions you may have concerning your situation.