Q: Our company's cleaning crew recently found bullets on the floor while cleaning. We're concerned about our employees' safety and whether we have the right to search employees' lockers or personal items. Would such a search expose us to liability?

A: The security of your company's employees should always be a number one priority. It has long been recommended that you should adopt a zero-tolerance policy for workplace violence, and the emphasis and attention in this area has greatly increased since September 11, 2001.

You should adopt a safety policy that's communicated to your employees on a regular basis. In addition, you should provide regular training on safety. The purpose of your policy should be to make employees aware of certain safety concerns and reduce the likelihood of injury and violence to employees and visitors. The policy not only should address the potential for workplace injuries and exposure to legal claims, such as for negligence, but should notify employees of the company's policy regarding violence in the workplace.

You have a right to prohibit the carrying of weapons, including concealed weapons, at work. Your workplace safety and violence policy should specifically state that carrying weapons is prohibited on the company's premises, which includes office space, buildings, parking lots, and grounds. The prohibition should also apply to company-owned vehicles and should extend to company-sponsored events.

Your policy should state that its intent is to reduce the potential for violence in the workplace and, accordingly, the failure to comply with it will result in discipline, which may include immediate discharge from employment.

And to directly answer your question, the policy should also specifically state that the company reserves the right to inspect an employee's personal property, including but not limited to lockers, toolboxes, packages, purses, clothing, and personal vehicles brought onto company property. Refusal to consent to the search of personal property should also be grounds for discipline up to and including immediate discharge.

It's also important to state that if an employee has knowledge of another employee's possession of a weapon or unusual behavior, that knowledge should be reported to an appropriate person as soon as possible.

Any reports of weapons, violence, intimidation, coercion, or harassment should be immediately investigated, and appropriate action should be taken. By providing training and education to your employees, you can hopefully establish that you have met your duty to provide a safe workplace and avoid violence altogether.

Copyright © 2005 M. Lee Smith Publishers LLC. This article is an excerpt from SOUTH CAROLINA EMPLOYMENT LAW LETTER. South Carolina Employment Law Letter is not intended to provide legal advice, which can be given only after consideration of the facts of a specific situation.