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definition and understanding as to what constitutes an impaired employee. For instance, Illinois’ recent medicinal marijuana statute provides a comprehensive definition that states an employee is considered impaired when he/she: manifests specific, articulable symptoms while working that decrease or lessen his or her performance of the duties or tasks of the employee’s job position, including symptoms of the employee’s speech, physical dexterity, agility, coordination, demeanor, irrational or unusual behavior, negligence or carelessness in operating equipment or machinery, disregard for the safety of the employee or others, or involvement in an accident that results in serious damage to equipment or property, disruption of a production or manufacturing process, or carelessness that results in any injury to the employee or others. The Illinois definition of impaired provides a broad spectrum of behavior that employers can consider to be suspicious, and employers should consider whether to adopt this definition for their own internal workplace drug programs. Many states have similar definitions that could be incorporated in the policy. If the employer has properly trained the supervisor on this type of definition and the supervisor properly documents the behavior that has been observed, the employer will be in a position to defend any adverse employment action that it may take against the employee. Guns in the Workplace Likewise, the subject of guns in the workplace raises certain issues. Q. What is a carrying concealed weapons law? A carrying concealed weapons (CCW) law sets forth the requirements for an individual to carry a concealed firearm in public. Laws vary by state and provide varying restrictions of where an individual can carry a firearm. For instance, many CCW laws prohibit firearms from being carried onto schools, hospitals, government buildings, and places that serve alcoholic beverages. Illinois has 23 identified places where concealed firearms are prohibited. Q. Do CCW laws affect workplaces? Yes. CCW laws vary state by state, and this is particularly true with their application to workplaces. Accordingly, employers must conduct a state-bystate analysis to determine what rights and restrictions employers may have to limit or exclude the carrying of firearms at the workplace, onto company premises, or in company vehicles. Q. Can an employer prohibit the carrying of firearms by employees? Many states have no law limiting an employer’s authority to limit the possession and carrying of firearms at the workplace, on company premises, or in company vehicles (i.e., Arkansas, California, Massachusetts, and New York). In those states, an employer can typically prohibit the carrying of firearms by employees. However, many other states, including Illinois, Michigan, Texas, and Florida, limit an employer’s right to prohibit employees from carrying firearms in certain circumstances when the employee possesses a lawful CCW license. Q. Can an employer prohibit an employee from carrying a firearm into the workplace? Of the states regulating an employee’s right to carry a firearm into the workplace, almost every one permits an employer to prohibit the carrying of the firearm in the actual workplace (i.e., factory, construction site, offices). Those states, however, also require that the employer clearly and conspicuously notify employees that firearms are prohibited, typically done through a sign of specified design and size. Q. Can an employer prohibit employees from having a firearm in their personal vehicles in the company’s parking lot? Even though many states permit an employer to prohibit the carrying of firearms in the actual workplace, those same statutes often permit employees to carry firearms in their personal vehicles, even if they are located on an employer’s premises, such as a company parking lot. Depending on the state, however, the employer may be permitted to require that the employee place the firearm out of sight and/or lock the firearm inside the glove box, truck, or secured area within the vehicle. An employer may also be permitted to require employees carrying firearms to park their vehicles at a separate, but nearby, parking lot. Q. Can an employer prohibit an employee from carrying a firearm in a company-owned vehicle? Most, but not all, states permit an employer to prohibit an employee from Continued on page 35 Grease Handling Equipment Powder Coat Paint & Steel Lid Systems Containers • 100 to 400 gallon • Poly or steel lids • Pressure tested • Powder coat Options • Bolt-in screens • Lid locks & more 800-291-5487 • www.par-kan.com • Silver Lake, IN www.rendermagazine.com Render December 2013 33


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