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Common Sense and Basic Guidelines for Hiring a
Security Contractor
by Tom Huskerson, B.A., M.A.
Table of Contents
1. Understand Your Basic Needs.
2. The Skinny on Contract Security Companies.
3. Laws For Your State.
4. Your Liabilities.
5. Myth and Reality of Security Officers, Who’s
watching the store?
6. Conclusion: Can I sleep at night?
Understanding Your Basic Needs
Before you begin shopping for a contract security firm
determine exactly what your needs are. Is your
organization protecting people, property, or in many
situations, both. Protection of life versus property have
significantly different responsibilities and priorities.
Understanding Your Basic Needs
 When protecting people you must determine the basic
question; From what?
 What are the threats to your property?
 Get a thorough understanding of your surroundings. Is
there a significant crime problem in the area where
your business is located?
 Does the crime problem extend beyond bodily safety
to employee property such auto break-ins?
Understanding Your Basic Needs
 Are your employees under threat of robbery, assault or
other crimes?
 Has this occurred before either to your employees or
other people in the neighborhood?
 Are other businesses in the area sharing your
concerns?
Understanding Your Basic Needs
Threats to your business
 Are your employees a significant threat to your
business? Example; employee theft.
 Do you have equipment or facilities that must be
monitored continually?
 Is access or visitor control a key concern?
Understanding Your Basic Needs
Many of these questions seem pretty basic but many
companies wait until they sit down with a potential
contractor before thinking of them. Many security
companies will present you with very generic security
measures. Remember to always come to the table with
what you perceive as your most fundamental needs.
You may wish to employ an independent security
consultant to determine your needs.
Understanding Your Basic Needs
 Make sure you have a solid understanding of what you
need. Don’t go shopping without a shopping list!
 Remember that you are dealing with a salesman whose
job it is to sell you a service. (Think car salesman!)
 Allow the salesman to make his assessment of your
needs then compare your list with his.
Understanding Your Basic Needs
Its ok to employ a professional to assess you security
needs. Allow this person to participate in the actual
selection process. Take his assessment and
recommendations and review them carefully.
Remember don’t let the salesman tell you what you
need!
Choose an independent professional to determine your
security needs.
Understanding Your Basic Needs
When employing a security consultant make sure that
this person is available to audit your choice within a
year of contracting a security service. Then sit down
and determine if your needs are being met based on
your initial determinations and his recommendations.
Remember that an independent consultant is key to
finding success.
Understanding Your Basic Needs
 An independent security consultant may be an added
expense but consider this; It is cheaper than finding
yourself paying for contracted security services you
don’t need, not having those you need, ineffective
security or paying for modifications to the contract!
Understanding Your Basic Needs
Key Points
 Hire a professional to assess your needs and audit your
service.
 Understand what you need. Don’t let the salesman tell
you .
 Remember your employees are your business. Focus on
their security first.
The Skinny on Contract Security
Companies
All contract security companies are not the same.
Contract security companies cover the spectrum from
big industry leaders to small local operations. There is
no direct correlation between the size of the company
and the level of service. Understand that the big
companies are not immune to problems on the local
level; poor management and poor quality of
supervisors and guards.
The Skinny on Contract Security
Companies
Does your business operate in one of the following States?
Alabama
Colorado
Kansas
Mississippi
Missouri
Nebraska
South Dakota
Kentucky
Wyoming
These state s have little or no laws regulating security guard
companies.
The Skinny on Contract Security
Companies
It is vitally important that you understand the regulatory
atmosphere of security contractors in the state where you
operate.
These questions should be foremost in your mind when evaluating
a potential security contractor.
 Who is operating the company? Some states do not require any
background check on security guards.
 What training is mandated? Are the guards licensed?
 Are you liable for the acts of a contracted security guard?
In an un-regulated environment things can and do go terribly
wrong!
The Skinny on Contract Security
Companies
Some security companies will only accomplish the
minimum necessary to put a guard in uniform. In an
un-regulated environment this is a very dangerous
practice. It is not unusual for guards to be hired,
licensed, trained and put to work in a day or two!
The Skinny on Contract Security
Companies
Some typical issues with security companies include;
 Operating without proper licensing
 Lack of reliable manpower
 High rate of turnover for security guards
 Repeated loss of clientele
 Poor supervision of guards
The Skinny on Contract Security
Companies
What to look for when selecting a security contractor;
 Solid professional leadership
 Are the company managers qualified security professionals?
 Is the company financially stable?
 Do they have operating budget before the contract is
initiated?
 Do they reliably meet their payroll?
 Are they licensed to operate in the state?
 What is their general reputation, locally and nationally?
 Ask for a list of clients and check with their current and past
clientele in your area. Investigate!
The Skinny on Contract Security
Companies
 What are the company’s hiring practices?
 What are its minimum training requirements?
 What are the guards paid? Remember you get what
you pay for!
It is crucial that these questions be answered. The
quality of service your company receives is directly
related to the answers the company provides and the
results of due diligence on your part.
The Skinny on Contract Security
Companies
Watch for the switch!
Some companies will provide their best officers when the
contract is new. These guards are their top performers and
will reflect favorably on the company. This will give the
client (you) a false sense of security and satisfaction.
Sometimes within months you will notice new faces in the
guard force. These officers may not be the top performers
and the quality of service will decline. Be aware of rapid
turnover of the guards. This could be a sign of trouble!
Laws Regulating Private Security
Understanding the laws governing private security in
your state is a complex and sometimes mystifying
task. Some states have highly regulated security
standards and practices while many others have almost
no regulation. Before you hire private security make
sure you know the regulatory atmosphere. You may
wish to have the contract reviewed by your legal
department or lawyer to protect yourself and business
from liabilities. Do not expect the security provider to
protect your interests!
Laws Regulating Private Security
If you are in an unregulated environment you, as the
client, need to focus on ensuring the quality of the
service you receive.
Demand as part of the contract;
 Background checks of officers assigned to your site.
 Review of the basic training the companies gives its
guards.
 Right of refusal or dismissal of undesirable guards.
 Effective legal protection from guards acting
improperly or illegally.
Laws Regulating Private Security
Key Questions Needing Answers
• Does your state license security firms and officers?
• What legal responsibilities does the security
contractor have to accept?
• Are security contractors bound by law to perform
background checks /pre-employment screening on the
people it hires?
• Does your state have minimum training requirements?
Laws Regulating Private Security
Some Things You Need To Know
 10 states have absolutely NO licensing, training or
background check regulations for security officers.
 Washington D.C. and 29 other states DO NOT require
any training.
 16 states DO NOT require criminal background checks
 Of the 400,000 in house security officers nation-wide
there are no state regulations or standards that apply.
 There is NO federal law regulating private security.
Laws Regulating Private Security
There are professional organizations that attempt to
set industry standards. These standards include such
things as:
 Minimum requirements for hiring security officers.
 Minimum insurance requirements.
 Minimum standards for supervisors and management.
 Minimum training requirements for new officers.
Laws Regulating Private Security
Professional Security Associations Include;
 Security Industry Association (SIA)
 American Society for Industrial Security (ASIS)
 International Association for Healthcare Security &
Safety
 National Association of Security Companies (NASCO)
 United States Contract Security Association (USCSA)
Laws Regulating Private Security
•Alabama
•Colorado
•Kansas
•Mississippi
•Missouri
•Nebraska
•South Dakota
•Kentucky
•Wyoming
•Alaska
•Washington
•Idaho
•New Mexico
•Louisiana
•Iowa
•Minnesota
•Wisconsin
•Indiana
•Michigan
•Ohio
•Alabama
•Georgia
•West Virginia
•Maryland
•Pennsylvania
•New Jersey
•Connecticut
•Rhode Island
•Massachusetts
•New Hampshire
•Vermont
•Maine
According to the grading scale of the United States Contract
Security Association the following states have received failing
grades for regulating security guards and companies:
Laws Regulating Private Security
Key Points
Remember; In states with a regulated security industry
you need to contact the regulating agency for
consultation.
 Understand what the state requires and what your
liabilities are.
 What are you protected from and what are the
requirements of the security company.?
 Also check for complaints, violations or disciplinary
actions against the company.
Laws Regulating Private Security
Key Points
In states with little or no regulation focus on protecting your
company!
 Demand background checks for guards assigned to your site.
 Demand effective legal protections against lawsuits.
 Demand basic and site specific training for guards assigned to
your site. Demand on-going training for your site. Review
training records and methods. Demand documentation.
 Do not allow the contractor to set the standards of performance.
 Demand periodic review of management and supervision.
 Demand the right of cancellation without financial penalty.
Your Liabilities
Examining your potential liabilities when hiring
contract security is EXTREMELY important! There are
literally thousands of instances of companies being
sued for the actions of contract security guards. The
life of your company could be on the line!
Your Liabilities
While on duty and in uniform contract security guards
have committed the following offenses;
 Theft of company property and secrets.
 Used drugs and alcohol.
 Fallen asleep
 Watched television.
 Broke into secure computer networks
 Raped fellow guards and company employees.
 Committed assault and murder.
 And innumerable other felonies!
Your Liabilities
The Most Critical Question You Can Ask Is;
Is my company liable for the actions or inaction of
contract security guards while working on my site?
The answer maybe YES!
Your Liabilities
Make sure you have a solid understanding of the
premises liability law in your state. Courts have ruled
that the business has a basic responsibility to provide a
safe environment for customers and employees.
Basically what this means is that you can be sued for
NOT providing adequate security!
Your Liabilities
Let The Master Answer
In a contract relationship with a security company you
are the master. As master you should understand the
legal obligation and definition.
Respondeat Superior -“Let the master answer.” This
doctrine or maxim means that a master is liable in
certain cases for the wrongful acts of his servant, and a
principal for those of his agent. The doctrine is
inapplicable where injury occurs while employee is
acting outside legitimate scope of authority.
Your Liabilities
The key factor in the master/servant relationship is to
understand that the servant (in this case the security
company) is acting in the interests of the master (your
company).
As a result any actions or inaction could mean you are
responsible.
Your Liabilities
Critical areas to focus on to protect your business in
the Master/Servant relationship are;
 Use of force
 Powers of arrest
 Search and seizure
Proper training and total understanding of post
orders, policy and procedures can reduce your liability.
Poor training, vague policy and procedures can open
the doors to negligence.
Your Liabilities
Make sure that the security company understands the
scope of powers laid out in the contract and what is
beyond the scope powers.
Your Liabilities
Scope of Negligence
Negligence is the failure to act in a reasonable manner.
This means either the action or inaction of the security
guard.
Your Liabilities
Scope of Negligence
 Negligence in Hiring
 Negligence in Training
 Negligence in Entrustment
 Negligence in Supervision and Management
 Negligence in Retention
 Negligence in Investigation
 Negligence in Detention
 Negligence in the use of Weapons
Your Liabilities
Scope of Negligence
 Failure or Omission to
 Call for Law Enforcement
 To Properly Perform Patrol Duties
 To follow post orders, policy or procedures.
 To provide exculpatory statements/evidence
Your Liabilities
 Failure or Omission to
 Perform Contracted Duties
 Perform duties in a satisfactory manner.
These acts of negligence can be used against your
company and the security company you contract. Focus
on high standards of training and performance to guard
against lawsuits.
Your Liabilities
Key Points
 Make sure you understand the regulatory environment
for security officers in your state.
 Understand premises law in your state.
 Your contract should begin where the state regulations
end. Protect yourself; Cover the gap!
 Insist on regular training and monitoring of officers.
 Demand strict adherence to the contract and the scope
of powers for security officers.
Myth and Reality of Security
Officers, Who’s minding the store?
Question: Who is it really in that security guard
uniform?
Answer: Without a thorough background check
you do not know!
Unfortunately it is not uncommon for security officers
to be convicted felons, fugitives, even sexual predators!
Myth and Reality of Security
Officers, Who’s minding the store?
 In Houston, TX a security company employed
convicted felons from a homeless shelter as armed
security guards!
 In Milwaukee, WS a felon with a long and violent
history working as a security guard shot and killed a
customer suspected of stealing sunglasses!
Myth and Reality of Security
Officers; Who’s minding the store?
Although these are extreme examples they are by no
means uncommon. The security guard you see
patrolling your property could be a solid hard working
citizen or a ticking bomb waiting to destroy your
business with a single act!
Myth and Reality of Security
Officers; Who’s minding the store?
Myth
Security guards are dedicated, experienced
professionals.
Fact
Most security guards are neither experienced nor
professional. You may find the security guard on your
site has never done security work before, is ignorant
of his authority and only generally familiar with his
assigned duties.
Myth and Reality of Security
Officers; Who’s minding the store?
Myth
Security guards are well paid.
Fact
The average contract security guards rarely makes more
that $10.00 an hour. They usually have limited or no
benefits and will likely be working somewhere else in a
few months.
Myth and Reality of Security
Officers; Who’s minding the store?
Myth
Security Officers are licensed.
Fact
In some states security guards are licensed. In others
they are not. But did you now that it is not unusual for
a security guard to be licensed in a single day and he
may have taken the test with several times that day!
Myth and Reality of Security
Officers; Who’s minding the store?
Myth
Your security guard has been thoroughly screened.
Fact
Many states have no requirement for screening security
guards. The result is that many felons, illegal
immigrants or just plain unsavory characters can
secure work as security guards.
Myth and Reality of Security
Officers; Who’s minding the store?
Myth
Police and security guards are trained to work together.
Fact
This is not always true. Security guards are not police
officers and should NOT act as one!
Security officers have no more power than the average
citizen to arrest.
Myth and Reality of Security
Officers; Who’s minding the store?
Key Points
Security officers may not always be what they appear.
Most security officers are hardworking people who
want to do a good job. Unfortunately they are not often
trained or equipped to do so. Due to poor regulations,
lax enforcement and bad acting by security companies
the bad seed will sometimes slip through.
Myth and Reality of Security
Officers; Who’s minding the store?
Key Points
 Demand background checks of all security officers
assigned to your site.
 Demand copies of all security licenses.
 Demand random credential and background checks.
 Insure security guards know their powers and duties.
Conclusion: Can I sleep at night?
This presentation may have frightened you but that
was not it’s intention. The purpose of this presentation
is to get you started in the right direction to hiring
professional security for your business. Use this
information to prepare yourself for the selection
process. By answering the following questions you
should be able to sleep at night knowing you have an
excellent security force in place.
Conclusion: Can I sleep at night?
Question:
 Have I retained a professional security consultant to
determine my security needs?
 Has a lawyer or legal department reviewed the contract?
 Have the security company and it’s leadership been
thoroughly screened?
 Has the officers assigned to my site been thoroughly
screened?
 Have I reviewed the premise laws for my state.
Conclusion: Can I sleep at night?
Question:
 Is there a professional training program in place for the
security officers? (Both basic and site specific.)
 Are the officers knowledgeable of their duties, security
procedures, policies and post orders? Is it documented?
 Have audits of my security force been scheduled at random
intervals?
If you can answer these questions positively then you are on
the right track and can get a good nights sleep!
About the Author
Tom Huskerson
210 Buffalo Road
Richmond, VA
415.568.6702
truroad@yahoo.com
Supervisor Police Communications Center Virginia Commonwealth University
Security Project Manager, Securiguard, Virginia Department of Transportation
Alarm Dispatcher Pinkerton Government Services National Law Enforcement Command Center
Security Operations Center Supervisor Guardsmark Security Charles Schwab Account
Lead Security Officer San Francisco Asian Art Museum
Security Officer San Francisco Embarcadero Center
Security Officer California-Pacific Medical Center
Security Officer Casa Dorinda Retirement Community Santa Barbara, CA
Security Officer Santa Barbara Cottage Hospital
Security Officer Bomar Security, Casmalia Toxic Waste Site, Casmalia, CA
Sergeant USAF Security Police
About the Author
Tom Huskerson achieved a Master’s Degree from San Francisco State
University. He began his career as a security specialist in the United States Air
Force. There he secured missile bases, bombers bases and was trained in
nuclear weapons security. He followed up in his civilian career by working in
numerous security environments that include chemical waste sites, hospitals,
senior residences, museums and retail and office complexes.
As a security guard I climbed the ladder into security management and
achieved a contract security supervisor position for Guardsmark security at the
Charles Schwab world headquarters in San Francisco. There I authored and
managed a complete security operations training manual for the high tech
security operations center.
I then re-located to Virginia and was employed by Pinkerton Government
Services as a dispatcher and alarm monitor at The National Law Enforcement
Command Center in Dulles, VA. I was also employed as the security project
manager for Securiguard at the Virginia Department of Transportation.
Currently I am the police dispatch supervisor for Virginia Commonwealth
University.
About the Author
My career in security has been as turbulent as it has been
successful. I have experienced many facets of security and have
witnessed varying levels of quality of service. From both large
and small security firms. As a security officer and manager I have
been fulfilled and appalled at some of the practices I have
witnessed. I have been terminated as well as resigned as a result
of these practices. I believe that nothing is more important than
actual experience in the security field to really learn what is the
truth. I have seen many trained and qualified people working in
security both on the front line and in management.
Unfortunately I have also seen the lame and incompetent. I have
seen managers who were leaders and others who were tyrants
who failed to motivate or lead uniformed security officers. I have
witnessed some security companies that exist by the rule of “One
warm body.” Meaning regardless of the assignment just put
somebody on the post.
About the Author
I would argue that education, training and certification are
extremely important but poor substitutes for time spent in the
trenches. There are many highly qualified supervisors and
managers in the security industry. But there is also a huge
difference in those that have spent time motivating and leading
people. You can’t demand performance if you have not dealt
with the single mother with childcare problems, or the poorly
motivated individual who just needs a paycheck. I have dealt
with officers who desperately wanted to be police officers but
were rejected for numerous reason. I have dealt with personality
differences among officers and supervisors, scheduling
difficulties and manpower shortages, difficult clients and just
plain dumb security policies and procedures. The result is that I
believe the best source of knowledge of what security is at the
ground level is from the individual who has been on the
frontline.

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Hiring Contract Security - Common Sense and Basic Guidelines for Hiring a Security Contractor

  • 1. Common Sense and Basic Guidelines for Hiring a Security Contractor by Tom Huskerson, B.A., M.A.
  • 2. Table of Contents 1. Understand Your Basic Needs. 2. The Skinny on Contract Security Companies. 3. Laws For Your State. 4. Your Liabilities. 5. Myth and Reality of Security Officers, Who’s watching the store? 6. Conclusion: Can I sleep at night?
  • 3. Understanding Your Basic Needs Before you begin shopping for a contract security firm determine exactly what your needs are. Is your organization protecting people, property, or in many situations, both. Protection of life versus property have significantly different responsibilities and priorities.
  • 4. Understanding Your Basic Needs  When protecting people you must determine the basic question; From what?  What are the threats to your property?  Get a thorough understanding of your surroundings. Is there a significant crime problem in the area where your business is located?  Does the crime problem extend beyond bodily safety to employee property such auto break-ins?
  • 5. Understanding Your Basic Needs  Are your employees under threat of robbery, assault or other crimes?  Has this occurred before either to your employees or other people in the neighborhood?  Are other businesses in the area sharing your concerns?
  • 6. Understanding Your Basic Needs Threats to your business  Are your employees a significant threat to your business? Example; employee theft.  Do you have equipment or facilities that must be monitored continually?  Is access or visitor control a key concern?
  • 7. Understanding Your Basic Needs Many of these questions seem pretty basic but many companies wait until they sit down with a potential contractor before thinking of them. Many security companies will present you with very generic security measures. Remember to always come to the table with what you perceive as your most fundamental needs. You may wish to employ an independent security consultant to determine your needs.
  • 8. Understanding Your Basic Needs  Make sure you have a solid understanding of what you need. Don’t go shopping without a shopping list!  Remember that you are dealing with a salesman whose job it is to sell you a service. (Think car salesman!)  Allow the salesman to make his assessment of your needs then compare your list with his.
  • 9. Understanding Your Basic Needs Its ok to employ a professional to assess you security needs. Allow this person to participate in the actual selection process. Take his assessment and recommendations and review them carefully. Remember don’t let the salesman tell you what you need! Choose an independent professional to determine your security needs.
  • 10. Understanding Your Basic Needs When employing a security consultant make sure that this person is available to audit your choice within a year of contracting a security service. Then sit down and determine if your needs are being met based on your initial determinations and his recommendations. Remember that an independent consultant is key to finding success.
  • 11. Understanding Your Basic Needs  An independent security consultant may be an added expense but consider this; It is cheaper than finding yourself paying for contracted security services you don’t need, not having those you need, ineffective security or paying for modifications to the contract!
  • 12. Understanding Your Basic Needs Key Points  Hire a professional to assess your needs and audit your service.  Understand what you need. Don’t let the salesman tell you .  Remember your employees are your business. Focus on their security first.
  • 13. The Skinny on Contract Security Companies All contract security companies are not the same. Contract security companies cover the spectrum from big industry leaders to small local operations. There is no direct correlation between the size of the company and the level of service. Understand that the big companies are not immune to problems on the local level; poor management and poor quality of supervisors and guards.
  • 14. The Skinny on Contract Security Companies Does your business operate in one of the following States? Alabama Colorado Kansas Mississippi Missouri Nebraska South Dakota Kentucky Wyoming These state s have little or no laws regulating security guard companies.
  • 15. The Skinny on Contract Security Companies It is vitally important that you understand the regulatory atmosphere of security contractors in the state where you operate. These questions should be foremost in your mind when evaluating a potential security contractor.  Who is operating the company? Some states do not require any background check on security guards.  What training is mandated? Are the guards licensed?  Are you liable for the acts of a contracted security guard? In an un-regulated environment things can and do go terribly wrong!
  • 16. The Skinny on Contract Security Companies Some security companies will only accomplish the minimum necessary to put a guard in uniform. In an un-regulated environment this is a very dangerous practice. It is not unusual for guards to be hired, licensed, trained and put to work in a day or two!
  • 17. The Skinny on Contract Security Companies Some typical issues with security companies include;  Operating without proper licensing  Lack of reliable manpower  High rate of turnover for security guards  Repeated loss of clientele  Poor supervision of guards
  • 18. The Skinny on Contract Security Companies What to look for when selecting a security contractor;  Solid professional leadership  Are the company managers qualified security professionals?  Is the company financially stable?  Do they have operating budget before the contract is initiated?  Do they reliably meet their payroll?  Are they licensed to operate in the state?  What is their general reputation, locally and nationally?  Ask for a list of clients and check with their current and past clientele in your area. Investigate!
  • 19. The Skinny on Contract Security Companies  What are the company’s hiring practices?  What are its minimum training requirements?  What are the guards paid? Remember you get what you pay for! It is crucial that these questions be answered. The quality of service your company receives is directly related to the answers the company provides and the results of due diligence on your part.
  • 20. The Skinny on Contract Security Companies Watch for the switch! Some companies will provide their best officers when the contract is new. These guards are their top performers and will reflect favorably on the company. This will give the client (you) a false sense of security and satisfaction. Sometimes within months you will notice new faces in the guard force. These officers may not be the top performers and the quality of service will decline. Be aware of rapid turnover of the guards. This could be a sign of trouble!
  • 21. Laws Regulating Private Security Understanding the laws governing private security in your state is a complex and sometimes mystifying task. Some states have highly regulated security standards and practices while many others have almost no regulation. Before you hire private security make sure you know the regulatory atmosphere. You may wish to have the contract reviewed by your legal department or lawyer to protect yourself and business from liabilities. Do not expect the security provider to protect your interests!
  • 22. Laws Regulating Private Security If you are in an unregulated environment you, as the client, need to focus on ensuring the quality of the service you receive. Demand as part of the contract;  Background checks of officers assigned to your site.  Review of the basic training the companies gives its guards.  Right of refusal or dismissal of undesirable guards.  Effective legal protection from guards acting improperly or illegally.
  • 23. Laws Regulating Private Security Key Questions Needing Answers • Does your state license security firms and officers? • What legal responsibilities does the security contractor have to accept? • Are security contractors bound by law to perform background checks /pre-employment screening on the people it hires? • Does your state have minimum training requirements?
  • 24. Laws Regulating Private Security Some Things You Need To Know  10 states have absolutely NO licensing, training or background check regulations for security officers.  Washington D.C. and 29 other states DO NOT require any training.  16 states DO NOT require criminal background checks  Of the 400,000 in house security officers nation-wide there are no state regulations or standards that apply.  There is NO federal law regulating private security.
  • 25. Laws Regulating Private Security There are professional organizations that attempt to set industry standards. These standards include such things as:  Minimum requirements for hiring security officers.  Minimum insurance requirements.  Minimum standards for supervisors and management.  Minimum training requirements for new officers.
  • 26. Laws Regulating Private Security Professional Security Associations Include;  Security Industry Association (SIA)  American Society for Industrial Security (ASIS)  International Association for Healthcare Security & Safety  National Association of Security Companies (NASCO)  United States Contract Security Association (USCSA)
  • 27. Laws Regulating Private Security •Alabama •Colorado •Kansas •Mississippi •Missouri •Nebraska •South Dakota •Kentucky •Wyoming •Alaska •Washington •Idaho •New Mexico •Louisiana •Iowa •Minnesota •Wisconsin •Indiana •Michigan •Ohio •Alabama •Georgia •West Virginia •Maryland •Pennsylvania •New Jersey •Connecticut •Rhode Island •Massachusetts •New Hampshire •Vermont •Maine According to the grading scale of the United States Contract Security Association the following states have received failing grades for regulating security guards and companies:
  • 28. Laws Regulating Private Security Key Points Remember; In states with a regulated security industry you need to contact the regulating agency for consultation.  Understand what the state requires and what your liabilities are.  What are you protected from and what are the requirements of the security company.?  Also check for complaints, violations or disciplinary actions against the company.
  • 29. Laws Regulating Private Security Key Points In states with little or no regulation focus on protecting your company!  Demand background checks for guards assigned to your site.  Demand effective legal protections against lawsuits.  Demand basic and site specific training for guards assigned to your site. Demand on-going training for your site. Review training records and methods. Demand documentation.  Do not allow the contractor to set the standards of performance.  Demand periodic review of management and supervision.  Demand the right of cancellation without financial penalty.
  • 30. Your Liabilities Examining your potential liabilities when hiring contract security is EXTREMELY important! There are literally thousands of instances of companies being sued for the actions of contract security guards. The life of your company could be on the line!
  • 31. Your Liabilities While on duty and in uniform contract security guards have committed the following offenses;  Theft of company property and secrets.  Used drugs and alcohol.  Fallen asleep  Watched television.  Broke into secure computer networks  Raped fellow guards and company employees.  Committed assault and murder.  And innumerable other felonies!
  • 32. Your Liabilities The Most Critical Question You Can Ask Is; Is my company liable for the actions or inaction of contract security guards while working on my site? The answer maybe YES!
  • 33. Your Liabilities Make sure you have a solid understanding of the premises liability law in your state. Courts have ruled that the business has a basic responsibility to provide a safe environment for customers and employees. Basically what this means is that you can be sued for NOT providing adequate security!
  • 34. Your Liabilities Let The Master Answer In a contract relationship with a security company you are the master. As master you should understand the legal obligation and definition. Respondeat Superior -“Let the master answer.” This doctrine or maxim means that a master is liable in certain cases for the wrongful acts of his servant, and a principal for those of his agent. The doctrine is inapplicable where injury occurs while employee is acting outside legitimate scope of authority.
  • 35. Your Liabilities The key factor in the master/servant relationship is to understand that the servant (in this case the security company) is acting in the interests of the master (your company). As a result any actions or inaction could mean you are responsible.
  • 36. Your Liabilities Critical areas to focus on to protect your business in the Master/Servant relationship are;  Use of force  Powers of arrest  Search and seizure Proper training and total understanding of post orders, policy and procedures can reduce your liability. Poor training, vague policy and procedures can open the doors to negligence.
  • 37. Your Liabilities Make sure that the security company understands the scope of powers laid out in the contract and what is beyond the scope powers.
  • 38. Your Liabilities Scope of Negligence Negligence is the failure to act in a reasonable manner. This means either the action or inaction of the security guard.
  • 39. Your Liabilities Scope of Negligence  Negligence in Hiring  Negligence in Training  Negligence in Entrustment  Negligence in Supervision and Management  Negligence in Retention  Negligence in Investigation  Negligence in Detention  Negligence in the use of Weapons
  • 40. Your Liabilities Scope of Negligence  Failure or Omission to  Call for Law Enforcement  To Properly Perform Patrol Duties  To follow post orders, policy or procedures.  To provide exculpatory statements/evidence
  • 41. Your Liabilities  Failure or Omission to  Perform Contracted Duties  Perform duties in a satisfactory manner. These acts of negligence can be used against your company and the security company you contract. Focus on high standards of training and performance to guard against lawsuits.
  • 42. Your Liabilities Key Points  Make sure you understand the regulatory environment for security officers in your state.  Understand premises law in your state.  Your contract should begin where the state regulations end. Protect yourself; Cover the gap!  Insist on regular training and monitoring of officers.  Demand strict adherence to the contract and the scope of powers for security officers.
  • 43. Myth and Reality of Security Officers, Who’s minding the store? Question: Who is it really in that security guard uniform? Answer: Without a thorough background check you do not know! Unfortunately it is not uncommon for security officers to be convicted felons, fugitives, even sexual predators!
  • 44. Myth and Reality of Security Officers, Who’s minding the store?  In Houston, TX a security company employed convicted felons from a homeless shelter as armed security guards!  In Milwaukee, WS a felon with a long and violent history working as a security guard shot and killed a customer suspected of stealing sunglasses!
  • 45. Myth and Reality of Security Officers; Who’s minding the store? Although these are extreme examples they are by no means uncommon. The security guard you see patrolling your property could be a solid hard working citizen or a ticking bomb waiting to destroy your business with a single act!
  • 46. Myth and Reality of Security Officers; Who’s minding the store? Myth Security guards are dedicated, experienced professionals. Fact Most security guards are neither experienced nor professional. You may find the security guard on your site has never done security work before, is ignorant of his authority and only generally familiar with his assigned duties.
  • 47. Myth and Reality of Security Officers; Who’s minding the store? Myth Security guards are well paid. Fact The average contract security guards rarely makes more that $10.00 an hour. They usually have limited or no benefits and will likely be working somewhere else in a few months.
  • 48. Myth and Reality of Security Officers; Who’s minding the store? Myth Security Officers are licensed. Fact In some states security guards are licensed. In others they are not. But did you now that it is not unusual for a security guard to be licensed in a single day and he may have taken the test with several times that day!
  • 49. Myth and Reality of Security Officers; Who’s minding the store? Myth Your security guard has been thoroughly screened. Fact Many states have no requirement for screening security guards. The result is that many felons, illegal immigrants or just plain unsavory characters can secure work as security guards.
  • 50. Myth and Reality of Security Officers; Who’s minding the store? Myth Police and security guards are trained to work together. Fact This is not always true. Security guards are not police officers and should NOT act as one! Security officers have no more power than the average citizen to arrest.
  • 51. Myth and Reality of Security Officers; Who’s minding the store? Key Points Security officers may not always be what they appear. Most security officers are hardworking people who want to do a good job. Unfortunately they are not often trained or equipped to do so. Due to poor regulations, lax enforcement and bad acting by security companies the bad seed will sometimes slip through.
  • 52. Myth and Reality of Security Officers; Who’s minding the store? Key Points  Demand background checks of all security officers assigned to your site.  Demand copies of all security licenses.  Demand random credential and background checks.  Insure security guards know their powers and duties.
  • 53. Conclusion: Can I sleep at night? This presentation may have frightened you but that was not it’s intention. The purpose of this presentation is to get you started in the right direction to hiring professional security for your business. Use this information to prepare yourself for the selection process. By answering the following questions you should be able to sleep at night knowing you have an excellent security force in place.
  • 54. Conclusion: Can I sleep at night? Question:  Have I retained a professional security consultant to determine my security needs?  Has a lawyer or legal department reviewed the contract?  Have the security company and it’s leadership been thoroughly screened?  Has the officers assigned to my site been thoroughly screened?  Have I reviewed the premise laws for my state.
  • 55. Conclusion: Can I sleep at night? Question:  Is there a professional training program in place for the security officers? (Both basic and site specific.)  Are the officers knowledgeable of their duties, security procedures, policies and post orders? Is it documented?  Have audits of my security force been scheduled at random intervals? If you can answer these questions positively then you are on the right track and can get a good nights sleep!
  • 56. About the Author Tom Huskerson 210 Buffalo Road Richmond, VA 415.568.6702 truroad@yahoo.com Supervisor Police Communications Center Virginia Commonwealth University Security Project Manager, Securiguard, Virginia Department of Transportation Alarm Dispatcher Pinkerton Government Services National Law Enforcement Command Center Security Operations Center Supervisor Guardsmark Security Charles Schwab Account Lead Security Officer San Francisco Asian Art Museum Security Officer San Francisco Embarcadero Center Security Officer California-Pacific Medical Center Security Officer Casa Dorinda Retirement Community Santa Barbara, CA Security Officer Santa Barbara Cottage Hospital Security Officer Bomar Security, Casmalia Toxic Waste Site, Casmalia, CA Sergeant USAF Security Police
  • 57. About the Author Tom Huskerson achieved a Master’s Degree from San Francisco State University. He began his career as a security specialist in the United States Air Force. There he secured missile bases, bombers bases and was trained in nuclear weapons security. He followed up in his civilian career by working in numerous security environments that include chemical waste sites, hospitals, senior residences, museums and retail and office complexes. As a security guard I climbed the ladder into security management and achieved a contract security supervisor position for Guardsmark security at the Charles Schwab world headquarters in San Francisco. There I authored and managed a complete security operations training manual for the high tech security operations center. I then re-located to Virginia and was employed by Pinkerton Government Services as a dispatcher and alarm monitor at The National Law Enforcement Command Center in Dulles, VA. I was also employed as the security project manager for Securiguard at the Virginia Department of Transportation. Currently I am the police dispatch supervisor for Virginia Commonwealth University.
  • 58. About the Author My career in security has been as turbulent as it has been successful. I have experienced many facets of security and have witnessed varying levels of quality of service. From both large and small security firms. As a security officer and manager I have been fulfilled and appalled at some of the practices I have witnessed. I have been terminated as well as resigned as a result of these practices. I believe that nothing is more important than actual experience in the security field to really learn what is the truth. I have seen many trained and qualified people working in security both on the front line and in management. Unfortunately I have also seen the lame and incompetent. I have seen managers who were leaders and others who were tyrants who failed to motivate or lead uniformed security officers. I have witnessed some security companies that exist by the rule of “One warm body.” Meaning regardless of the assignment just put somebody on the post.
  • 59. About the Author I would argue that education, training and certification are extremely important but poor substitutes for time spent in the trenches. There are many highly qualified supervisors and managers in the security industry. But there is also a huge difference in those that have spent time motivating and leading people. You can’t demand performance if you have not dealt with the single mother with childcare problems, or the poorly motivated individual who just needs a paycheck. I have dealt with officers who desperately wanted to be police officers but were rejected for numerous reason. I have dealt with personality differences among officers and supervisors, scheduling difficulties and manpower shortages, difficult clients and just plain dumb security policies and procedures. The result is that I believe the best source of knowledge of what security is at the ground level is from the individual who has been on the frontline.