Building Management Hawaii - August/September 2012 - (Page 24)

Raising The Bar for Security Guards Hawaii joins more than 20 other states that require guard training. By Albert “Spike” Denis P rivate security guards have outnumbered police officers since the 1980s. There are more than 1 million contract security officers and an equal number of guards estimated to work directly for U.S. corporations. On July 6, 2010, Senate Bill No. 2165, entitled A Bill For An Act Related To Private Guards, became law in Hawaii. The goal was to raise professional standards for security guards employed across the state, and established new registration requirements for all guards and employees acting in a guard capacity. The implementation of the bill (Act 208) from legislation to practical application is a work in progress. However, below is an update for buildings that contract guard companies and for employers who hire security guards. New requirements for registration and continued education, along with new fees costs, will take effect next summer. Hawaii will join the ranks of at least 21 other states that require guard training, according to the Service Employees International Union. New Statutory Requirements The new law requires the following: • Mandatory state and federal criminal background checks performed via fingerprint • Eight hours of pre-assignment classroom training (“before the first day of service”) • Four hours of on-the-job training conducted by a registered guard • Registration of the guard employees with the Board of Detectives and Guards, which will issue a Guard Card • Four hours of additional training annually thereafter, or eight hours biennially • Proof of continuing education will be required for registration renewal • Not presently suffering from a psychiatric or psychological disorder that would be detrimental to their performance as a guard • Have not been convicted of a crime that reflects unfavorably on the fitness of the individual to act as a guard Background Check, Training and Registration Act 208 Update Act 208, now codified in Revised Statutes (HRS) 463-10.5, repeals the regulatory exemption for guards who “are employed solely by an employer in connection with the affairs of the employer,” formerly unregulated, “inhouse”, proprietary guards. The legislation does not require non-guard company employers to become licensed; only that security guards become registered. Taking effect on July 1, 2013, Act 208 requires guard registration with the Board of Private Detectives and Guards after completion of an application, classroom training, federal and state criminal history checks and approval by the board. In addition to initial registration, the law also calls for guards to recertify through continuing education and renew their Guard Cards biennially. It is estimated by the Bureau of Labor Statistics that there are approximately 10,700 guards currently employed in the State of Hawaii. August-September 2012 Legislative Intent: Who’s Included? It was the intent of the Legislature to include all guards with the exception of sworn state, federal and county law enforcement personnel. All guards and individuals acting in a guard capacity, include: • retail loss/prevention security personnel • hotel security officers • financial institution security personnel • armored car guards • utility security officers (e.g., HECO, Board of Water Supply) • doormen and bouncers • hospital security officers • all private proprietary security officers/guards, including community association guards Registration applicants will be required to submit to an FBI and Hawaii Criminal Justice Data Center (HCJDC) criminal records history check. This may be done by Live Scan, an electronic fingerprinting technique. The fingerprint data will be electronically provided to the HCJDC. The center will also perform a Hawaii criminal history check and transmit the fingerprint data to the FBI to check against the Department of Justice criminal convictions database. It is envisioned that employed guards and/or prospective applicants will be educated by board-approved trainers and earn a certification. Then, the training certification will be joined with the applicant’s criminal history data and registration application. The board will determine whether the applicant qualifies for registration. Assuming successful completion of the three components, the board will then issue a Guard Card. (For training resources and options, please see the BMH Resource at the end of this article.) Regulatory Compliance Considerations Guard Registration Qualifications Effective July 1, 2013, the qualifications to be a security guard include: • 18 years of age or older • A high school education or its equivalent Guard companies (agencies) have the same regulatory compliance responsibilities as private employers under this new legislation, but are further regulated by the licensing and legal requirements of HRS 463 and the rules that implement the statute, Hawaii Administrative Rules 16-97. For non-guard private employers, regulatory burdens include: • Ensuring that current employees meet the qualification criteria and sEcurity 24 BMH

Table of Contents for the Digital Edition of Building Management Hawaii - August/September 2012

Cover August/September 2012
A New Way to Ride
Going up?
Let There Be Light
Be LED, But Not Astray
LED Illumination
Plumbing Claims
Corrosion Clean Out
Security FAQ’s
Security Checklist
Raising The Bar for Security Guards
On Site: Empowering Employees
Ask An Expert: Shifting Soil
Association Updates
Movers & Shakers
Industry News
Resource Guide: Plumbing & Wastewater Maintenance

Building Management Hawaii - August/September 2012