TAKING A LONG TERM VIEW

Mark Folmer, TrackTik

The security sector is growing – nobody can argue that. With estimates pushing the 290 Billion USD mark by 2025, it is difficult to argue that opportunities do not exist. With frontline security guarding/services estimated at more than two-thirds of that figure, the question that security business owners should be reflecting on is: how do I position myself to take advantage of that market, that growth, in short, that opportunity.

The reality is that today much of the market is being served by business focused on supplying guards to fill a schedule. There is an opportunity for businesses to get beyond HPW – hours per week. Security shifting in the direction whereby guards are deployed in advanced security markets and are performing more higher value-added security measures. Not only having guards show up as a schedule requires, but also bringing with them measurable data.

Security service companies are not solely to blame for this restricted view of their potential. Clients contribute to the issue as well. Consider where “lowest technically acceptable bid” (LTAB) reign, often under the guidance of strict purchasing rules. It is very obvious that this encourages doing as little as possible as opposed to exploring potential. In markets where qualified staff are hard to source, this pressure is exponential when security officers are being viewed as a commodity, with price being the key factor distinguishing providers. This becomes a problem that spirals out of control and spills over into other areas such as not developing talent, retaining qualified officers.

Solutions can be found in getting clients to understand that there is a need to have a strategic understanding of security. Forward thinking companies understand that security has to bring value to their organisation. For instance, Microsoft has Global Security Strategy and Diplomacy Team focused on driving strategic change to advance security and resilience in a way that addresses challenges such as risk management, incident response, emergency comms & information sharing.

The transition from the bad of today to the potential of tomorrow happens when businesses truly grasp the understanding that they are offering a “peace of mind” service to their clients. In other words: if something happens we are there and we can respond, escalate and manage a situation.

For an interesting down the road view of the future of security services consider the idea of return on data (ROD). The data in question is the information that security teams can generate and act upon to provide for secure environments.

Security companies need to develop a data strategy if they wish to run intelligently. This is evidenced by the Microsoft Accenture survey which revealed that 83% of the top investments that security leaders are looking to make within the next 3-5 years are on big data and analytics.

What are the benefits they are looking to gain? A recent survey by Brivo revealed that among the top-2 benefits are ways to improve policies and procedures at 62%, investigate suspicious behaviour at 37% and seeking compliance support at 27%. The challenge in this area remains companies using decentralised security platforms (which limit efficiency and scalability).

Delivering more is the goal. The idea of using technology that drives an impact (not just tech for tech’s sake) is key. This entails using technology that solves everyday issues: i.e. that gets the right staff to a client’s site, runs operations smoothly while being fully equipped to drive value to the client organisation (and in turn drive your client retention numbers!).

Consider the pain-point of the lack of understanding of current solutions in the market. The aforementioned Microsoft Accenture report revealed that more than half of the respondents believe that there is both clear ROI and non-financial benefits to the digital transformation. Digitization and automation can improve operational efficiency up to 30-50% (contingent on rollout and organisation size).

In a study that TrackTik did in 2016, it was concluded that 93% of end-user clients want their service providers to provide concrete statistics relating to completion of Service Level Agreements (SLAs). This will support retention and will also support differentiation and the professionalisation of your security services.

There is some low hanging fruit in the quest for digital transformation as a clear way to improve efficiencies. Current security business models will probably become obsolete within the next couple of years. This means that adopting technology and varying service models is a matter of survival at this point with 35% of C-level executives indicating that it is important and urgent in security.

We see industry leaders growing- whether that be by acquisition or by organic growth or a mixture of both. The certainty is that those poised for long-term success are doing so by embracing technology and the opportunities presented by digitisation. They are able to offer the peace of mind that their clients are asking for.

Transforming Physical Security – 3 Trends

HIRING, TRAINING, & EMPLOYEE ENGAGEMENT

Chris Anderson, Silvertrac Software  

Business owners in the security industry all have one major problem in common: hiring good employees. The traditional way of hiring through speed and convenience often leads to trouble. Resulting in uninspired employees who quit, get fired, or hurt your company’s reputation.

Companies today separate hiring, training, and employee management. Then spend endless days, weeks, months — not to mention resources — trying to figure out why they can’t find good officers.

This focus is understandable. Owners wear many hats, are strapped for time, and struggle to find balance in their day-to-day work. But what we’ve found over the past 10 years in the security industry is clear.

To see success, you need to look at your business as one well-rounded, well-oiled machine.

This may come as a shock, but it’s important to have good hiring techniques. Good techniques lead to more motivated employees who commit to better training programs. They empower employees to go above and beyond their job roles. And how can you forget the time (and money) you save with a strong process in place.

The result? A successful, well-oiled operation with happier clients, more bids, and more secure contracts.

Below we’ll talk about past lessons we’ve learned, and how they’ve helped security companies like yours build long-term success.

First, what’s your current hiring process? If you’re like most small-to-midsize security companies, you constantly spin your wheels to hire officers. Time is never on your side. You need to fill posts fast and as painless as possible, because every other part of your business demands attention. So how can you put any thought into who you hire?

Remember, these officers represent you and your company. You need to trust and depend on them. That’s why we promote one way to hire officers: Slow Down!

One big reason we say “Slow Down” is because you need more loyal employees. Slowing down your hiring process helps assure candidates are a good fit for your company. You want to know if this person agrees with your work ethic and values. If they are reliable and trustworthy.

A framework like this puts the right people on your team. Which in turn creates a hard-working and motivating environment new hires want to be a part of. Companies who slow down see less hirer’s remorse, lower turnover, and better employee performance.

Second, supervisors play a key role in maintaining this environment, as well as keeping your business running smooth. They are your trusted side-kick. The ones responsible for officers when you’re not around. The way you hire them is how they will hire and manage officers, too. Making our case for hiring slow even more evident to run a top-notch security operation.

Influential supervisors are the next step to building a well-rounded security operation. Officers look to supervisors as mentors, conflict managers, company-messenger, and coach. So when you hire a supervisor who sees eye-to-eye with your values and goals, you set an example for everyone else. It gives them the power to build a strong team, gain officers respect, and make officers more receptive to feedback and training.

Another big challenge you face as a security team is an officer’s lack of motivation and drive. Luckily, it’s something you can change. The steps we discuss will give your team the platform needed to build an empowering culture.

For example, you may have noticed we continue to use the term “officer” versus “guard”. We do this because “officer” gives off a level of professionalism for employees to fulfill. “Guard” is something of lesser status.

Combine solid hiring processes, influential supervisors, and the job title of “Officer”, and what do you get? A foundation where your employees feel they can grow professionally and personally. A place people actually want to work. And a new culture of learning and leadership.

This is something the security industry is notorious for not doing. But the results are undeniable, and it’s radically changing the way we hire and manage officers.

So once you create this new culture, it’s your responsibility to uphold it. Bringing us to your last step: to provide on-going training opportunities for your team.

Training is thought to be a one and done thing  —  it’s not. It’s an on-going program that includes workshops, on-the-job-training, classes, and more. This allows you to strengthen skills, reduce weak links in the company, and bring everyone to a higher level, so they all have the same knowledge.

Not all training programs are alike, however. We find that great training programs look at three things first: company needs, quality instructors and materials, and training metrics.

Then, the different points of training in the program. This includes basic onboarding, yearly training, self-education, OTJ training with field supervision, and testing. If you don’t test employees, how can you know if your training is effective or not? A complete program helps you determine employee strengths and weaknesses. So you can offer personalized and effective materials for them to be successful.

It’s important to use a variety of training techniques in your program. For example, we recommend the KISS method for onboarding — Keep It Simple Stupid. New hires know little about your procedures and expectations. KISS gives them a good introduction to your company, and the fundamentals they need to succeed. Since everything is laid out beforehand, supervisors don’t have to spend time on the same, avoidable conflicts over and over again.

Educated and happy employees make for a more productive and successful environment. Wouldn’t you agree?

Some security owners complain that hiring and training requirements force them to focus on quick results. But in most cases, it’s actually a failure of process, not the task itself. Owners who focus on slowing down and finding the right fit for their business stand the greatest chance of hiring good officers.

The ultimate goal is to take a step back and see how all these aspects of your business work together. Once you do that, the rest will fall into place. Your team will operate at levels you have never seen. Your clients will be happier than they have ever been, and more contracts will be coming your way. It’s a win-win-win.

ON-CALL AND CALL-IN SHIFTS REQUIRE PAYMENT OF WAGES

Jaimee K. Wellerstein, Esq., Bradley & GmelichCALSAGA Network Partner

A sales clerk brought a putative wage and hour class action against his employer, Tilly’s, alleging that store employees were due reporting time pay for on-call shifts or call-in shifts in which employees were required to contact the stores two hours before the start of their shift to determine whether they were needed.  The sales clerk argued that having to be on a tether to determine if he should have to report is the same as being under the employer’s control and should be compensated as reporting time.

The employer argued that on-call scheduling is not what triggers the Wage Order reporting time pay requirements, but rather when they actually report physically to work.  In Ward v. Tilly’s, Inc., 31 Cal. App. 5th 1167 (2/4/2019), the Court of Appeal sided with the employees and held that if an employer directs employees to present themselves for work by telephoning the store two hours prior to the start of a shift, then the Wage Order’s reporting time requirement is triggered by the telephonic contact.

Reporting time pay is one-half of the scheduled shift and, in any case, not less than 2-hours of pay at straight time. (See, IWC Wage Order No. 4, section 5.)

LESSON LEARNED:  Although the On-Call or the Call-In models are not typically used in the security industry, if you do, be aware that each employee is deemed to be under the employer’s control while they are waiting to see if they will be needed.  As such, reporting time wages are required to be paid.

Jaimee K. Wellerstein is a Partner at Bradley & Gmelich LLP, and the Head of the firm’s Employment Department. Jaimee concentrates her practice in representing employers in all aspects of employment law, including defense of wage and hour class actions, PAGA claims, discrimination, retaliation, harassment, wrongful discharge, misclassification, and other employment related lawsuits. She also provides employment counseling and training in all of these areas. Jaimee routinely represents employers in federal and state courts and in arbitration proceedings throughout the state, as well as at administrative proceedings before the Equal Employment Opportunity Commission, the California Department of Labor Standards Enforcement, the United States Department of Labor, and other federal and state agencies. Jaimee assists as a Legal Advisor to CALSAGA, and is a member of ASIS International. She is rated AV-Preeminent by Martindale Hubbel, the highest peer rating available. jwellerstein@bglawyers.com 818-243-5200.

IMPROVE YOUR RETENTION (AND YOUR BOTTOM LINE)

How security contractors can use data to impact this important metric

TEAM Software and Kwantek

In the security industry, it’s difficult to keep good people employed for any length of time. As strategic partners with end-to-end solutions specific to security contractors, Kwantek and TEAM Software know how important issues like retention and turnover are to your business. We hear it every day from our customers, prospects and industry partners. With so many things you can’t control — high labor costs, fierce competition and thin margins — taking control of something you can control, like retention, is a game-changer.

Many of the organizations we work with view turnover and retention challenges as a given, and in many ways, that’s true. Yes, turnover is going to happen. Instead of dwelling on that fact, the best thing you can do is take steps to manage it and reduce its impact on your business.

Calculate Your True Cost Per Hire

Do you know your true cost per hire? We’ve heard ranges of $20 to $5,000, but according to the Society for Human Resource Management  (SHRM), the average cost per hire across all industries is $4,129. The key to calculating your true cost per hire is to assume no costs are fixed. You must think of all the costs — both internal and external — associated with your hiring process including sourcing, recruiting and staffing.

The best way to do this is to ask yourself: What costs would you be able to eliminate if you didn’t have to hire anyone for an entire year? Then, ask yourself: What else could you eliminate if you didn’t have to hire anyone?

Evaluate Your Site Manager Bonuses Program

Site managers play critical roles in the contract security industry. They’re entrusted to deliver on your contracts and keep your customers happy. One way you can insure your site managers are helping drive your business forward is to reevaluate how you incentivize them so you’re rewarding based on a holistic picture of performance. Rather than focusing solely on job site profitability, look at employee retention costs by site as well. That will give you a more accurate view of who your best performers are, and it can help you avoid some bad manager practices that can hurt your retention, too.

Analyze the Effectiveness of Your Site Managers

Speaking of those site managers, take a deeper look at the retention-related metrics you should use to evaluate your site managers to grow your bottom line. If you’re evaluating your site managers solely on contract profitability (site revenue minus payroll costs), is that the best long-term strategy? When you’re looking to scale your business, you need to look beyond that one measure and we think you can boil it down to this one question: What’s the most effective way to retain your clients?

Client retention is about making sure you’re delivering on your customer contracts and keeping your customers (and employees) happy. Happy employees serve your customers better – and they tend to stay longer. So, retaining your workforce allows the site manager to place a greater focus on making sure your customers are satisfied because they can spend less time on onboarding and training new employees. And, your business can spend less time and money on hiring.

Use Retention Metrics to Land More Clients

Improving your employee retention can positively impact several aspects of your business including reducing your cost per hire, saving your HR department a lot of headaches and improving customer satisfaction, to name a few. But, the smartest companies leverage retention to improve their sales process, as well.

As a security company, your people are your product. Your clients want quality work from a reliable and trustworthy team. Focusing on retention and knowing your metrics helps differentiate you from the others in the field and you can explain to your prospects what that means for them as a potential customer.

Want to know how to calculate these numbers and use data to evaluate your retention? Read the complete eBook and watch the recorded webinar.

FIVE QUESTIONS INSURANCE UNDERWRITERS ASK ABOUT SECURITY COMPANIES

Tory Brownyard, Brownyard Group

Whether we’re insuring a family mini-van or an oil company operating in a hostile environment, insurance underwriters carefully evaluate the risks and exposures facing a particular person or company. In commercial underwriting, we consider a company’s loss experience, risk management practices and other factors in determining whether or not we can accept the risk and what kind of coverage it requires.

For the security industry, there are several questions we ask ourselves about a company and its application. Here, I review some of these questions and try to shine a light on insurance coverage for security firms based on my experience as an insurance underwriter for security risks.

What industries does the firm work with?

Many security firms specialize in serving one industry or environment, whether that’s government contracts, retail stores or large events. An application for insurance will often ask detailed questions on this topic.

This helps underwriters determine if a firm is a “low-profile” or “high-profile” risk. A high-profile security risk assigns officers to posts that have a great deal of exposure to the public, large crowds or criminal activity. Unfortunately, there is another factor we must take into consideration when looking at industries served by a firm: active shooter risk. Some environments have been susceptible to active shooter incidents, such as hospitals and churches.

Low-profile risks, like those serving industrial warehouses, government contracts and office buildings, tend to go through the underwriting process quickly. Other factors determine how the account may be priced.

Is the work armed or unarmed?

The debate over staffing armed guards in schools has been playing out in the media over the past several years. As you well know, the question of providing armed guards to a particular post requires a complicated answer. That is why this is an important question to many underwriters. In my work, I consider whether or not a particular environment could necessitate an armed officer. For example, some government contracts may require and warrant staffing armed security officers.

We will also consider the person behind the firearm. From an underwriting perspective, an ideal armed security officer has been properly screened, carries the appropriate licenses and has extensive firearms training. For that reason, we often consider former or off-duty law enforcement professionals to be qualified armed security professionals. They are more likely to have extensive training and experience handling firearms.

Who does the firm hire and how are they trained?

Rules about hiring and training security officers vary from state to state. Of course, an insurance underwriter will expect firms applying for coverage to follow state rules and regulations. We also expect firms to subject potential hires to the usual criminal background check and to ensure they are permitted to carry a firearm, if applicable. However, we may also consider whether or not the company tends to hire officers with a background appropriate for their posts. As mentioned above, from an underwriting perspective, people with law enforcement experience seem like the safest bet for armed posts.

We also take pay scale into account. Are most of the guards earning around minimum wage? Are they towards the top of the industry pay scale? The answers to these questions can tell underwriters a story about the experience level of the firm’s workforce. Though some officers will be entry-level, we would like to see these early-career employees balanced with experienced, trained professionals.

Underwriters may also ask about and consider the type of training provided to security officers. We will consider if it prepares them for the settings in which they work. An officer posted to a hospital emergency room may be served by training that can help them deescalate fights in that sort of environment. In general, underwriters like to see situational training to hone skills needed for different environments.

Lately, we have also been reviewing active shooter trainings. A well-planned active shooter training program and response protocol can help a security company minimize liability in the event of an active shooter claim.

What is the “loss experience” of the risk?

When we talk about a firm’s “loss experience,” we are talking about the number of claims a security firm has incurred in recent years and the nature of those claims. Overall, the security industry has an infrequent but severe loss experience; that is, security firms are not often involved in incidents or litigation that cause an insurance claim, but when they are, those claims involve large settlements or expenses.

Every firm will have a large claim from time to time, but low-profile firms have low claims frequency. A firm with three or more losses a year may have a problem with its screening and training practices. This is particularly true if those losses result from actions like a security officer assaulting someone. When such patterns emerge, an insurer is more likely to decline to write an account.

What do their contracts look like?

Insurance underwriters are not lawyers, so we cannot provide advice on the finer details of contract law. However, contracts transfer a great deal of liability, so we do often discuss the implications of certain types of contract language with our insureds and potential clients. Some security services contracts will transfer all liability to the security firm—which puts the firm in a difficult position. We prefer language that will limit the insured’s liability to their own negligence and not assume liability for their client’s negligence. It is also important that the contract clearly states the duties and responsibilities of the security officers.

Underwriting guidelines differ from insurer to insurer, as every insurer has a slightly different risk appetite. In general, admitted insurers have less risk appetite, while insurers on the non-admitted market—whose customers are not subject to the protection of state regulations—are able to accept riskier accounts.

If you have further questions about how your insurance policy is underwritten and priced, your insurance broker is a great resource.

Tory Brownyard, CPCU, is president of Brownyard Group (www.brownyard.com), an insurance program administrator with specialty programs for select industry groups. In addition to his responsibilities as President, he currently spearheads the Brownguard security guard insurance program. Tory is a highly-regarded subject matter expert in the field of Security insurance and has contributed to industry publications such as Security Magazine and has been featured regularly in leading insurance publications. He can be contacted atTBrownyard@brownyard.com.

 

3 HIGH-VALUE QUALITIES OF LEADERSHIP YOU NEED NOW MORE THAN EVER

Anne L. Laguzza, M.A., The Works Consulting

There are many contradictions about what leadership is and the qualities needed to be an effective leader. From below looking up, leadership appears to be a form of dictatorship.

One person presides over a larger group of people. That group must follow the directions of the leader or suffer the consequences.

True, healthy leadership doesn’t align with this structure. Instead, the framework for healthy leadership embodies three high-value qualities.

Leadership Defined:

The position or function of a leader, a person who guides or directs a group.

Notice how this definition does not say who is in charge nor does it mention title or rank. It does not mention serving authority, most skilled, loudest, tenured, or aggressive person. It only says the person who guides or directs the group.

This is great news because it means that a leader may present themselves anywhere in an organization. It also means that what matters most is the guidance a person provides not the title or pay grade they hold.

So what are the three high-value qualities embodied by someone skilled at guiding and directing others? How can you embrace them to level up your leadership ability?

High-value #1: Commitment.

With commitment, an individual knows that regardless of how they feel they will do what needs to get done. No matter what.

For example, think about a time when you committed to something significant and you didn’t want to let anyone down. You found reserves of energy, creativity, and resiliency you may not have known you had to fulfill your commitment.

High-value #2: Courage.

Courage because there will be conflicts that need immediate resolution. Conflict is inevitable and can be a healthy part of team development. Only a strong leader will face them head on to seek resolution.

Someone lacking courage will more often than not find a way to delegate, delay or defer. That of course is not leadership at all, even though it may occur more often than it should.

High-value #3: Discipline.

In today’s world discipline has become somewhat of a profane word. What comes to mind when hearing the word is either a drill sergeant or a parent disciplining a child.

While both examples make sense, the discipline of leadership is not punishment focused. Discipline is simple, do what is right not what is easy.

Discipline glues commitment to courage, for the purpose of attaining a meaningful end goal. This combination eliminates excuses and justifications leaving only the example of how to lead.

Commitment, courage, and discipline are also the high-value qualities that separate great from good. These powerful qualities take someone with mediocre skills and give them the ability to influence, guide, and achieve.

These high-value qualities are a powerful contradiction to what so many think leadership is. From those doing the ordering to those who accept those orders. Contrary to how it looks from the outside, leadership is not the many holding up the presiding few.

Leadership is the few who step up to uplift those they guide.

It is those who commit not quit. Who show courage not cowardice. Who choose discipline over comfort. Those are the ones showing the high-value qualities demanded of leadership now more than ever.

Anne Laguzza is the President of The Works Consulting. As a seasoned business executive with human resources management, leadership development, and performance coaching experience, Anne works with clients from a variety of industries to develop better systems, maximize employee productivity, and enable management to focus on business growth.

Prior to founding The Works Consulting in 2001, Anne served as the Regional Human Resources Director for a Fortune 500 distribution company where she led a merger transition team and was responsible for strategic planning, implementing new policies and procedures, workforce restructuring, compensation structures, and integrating the work cultures for over 600 employees.

In addition, Anne was formerly the Human Resources and Training Director for a start-up entertainment company where she organized and implemented a company-wide change management program that involved new company direction and strategic planning. Prior to her work in the entertainment industry, Anne served as the Regional Training Manager for a nationwide retailer where she developed and launched a multi-state training program for human resources managers as part of a corporate expansion project.

Anne earned her Master of Arts degree in Organizational Management from Antioch University, and holds a Bachelor of Arts degree in Psychology from the University of California, Riverside. She is an active member of the Society of Human Resources Management, and is a board member for Harbor Interfaith Services and an advisory board member for Arthritis National Research Foundation. Anne has taught human resources and management courses at Long Beach City College and California State University, Dominguez Hills, and volunteers at non-profit organizations teaching interviewing skills to adults seeking re-entry into the workforce.

U.S. SUPREME COURT: COURTS MAY ONLY COMPEL CLASS-WIDE ARBITRATION IF EXPRESSLY AGREED UPON IN EMPLOYMENT ARBITRATION AGREEMENT

Jaimee K. Wellerstein, Esq., Bradley & GmelichCALSAGA Network Partner

In a split 5-4 decision in Lamps Plus, Inc. v. Varela, No. 17-988 (Apr. 24, 2019), the U.S. Supreme Court held that courts may only compel class action arbitration where the parties expressly declare their intent to be bound by such actions in their arbitration agreement. The holding and rationale are important to employers because the Court decisively ruled that class arbitration “fundamentally” changes the nature of the “traditional individualized arbitration” envisioned by the Federal Arbitration Act. Thus, the Supreme Court said, “Courts may not infer from an ambiguous agreement that parties have consented to arbitrate on a classwide basis.”

Following the Supreme Court’s ruling, arbitration agreements must unequivocally state that the parties agree to resolve class actions through arbitration in order to proceed this way. Courts cannot compel the parties to arbitration when an arbitration agreement is ambiguous about the availability of class arbitration.

Employer Takeaway: This ruling is a win for employers. Courts can no longer impose class-wide arbitration unless the employer’s arbitration agreement clearly authorizes this. Only express agreements between the parties can lead to class arbitration. Companies, along with their counsel, should review their employment arbitration agreements to determine whether they comply with the SCOTUS standards.

Jaimee K. Wellerstein is a Partner at Bradley & Gmelich LLP, and the Head of the firm’s Employment Department. Jaimee concentrates her practice in representing employers in all aspects of employment law, including defense of wage and hour class actions, PAGA claims, discrimination, retaliation, harassment, wrongful discharge, misclassification, and other employment related lawsuits. She also provides employment counseling and training in all of these areas. Jaimee routinely represents employers in federal and state courts and in arbitration proceedings throughout the state, as well as at administrative proceedings before the Equal Employment Opportunity Commission, the California Department of Labor Standards Enforcement, the United States Department of Labor, and other federal and state agencies. Jaimee assists as a Legal Advisor to CALSAGA, and is a member of ASIS International. She is rated AV-Preeminent by Martindale Hubbel, the highest peer rating available. jwellerstein@bglawyers.com 818-243-5200.

ESSENTIAL CONTRACT TERMS FOR YOUR SECURITY SERVICES AGREEMENTS

Barry A. Bradley, Esq., Bradley & GmelichCALSAGA Network Partner

While recently teaching CALSAGA’s Security University course on contracts, it became clear that many of your service contracts with your clients are often missing some vital essential terms.  Without going into too much detail in this limited space, examine your contract template and see if they contain each of the following:

  • General Statement of Duties (Scope) Are your duties clear and defined both as to location, post responsibilities, hours, expectations, and especially limitations? Are your officers to use force? Are they just required to observe and report?
  • Term of Contract When does your service agreement expire? Will it automatically renew? Is termination addressed?
  • Price and Payment Terms Are all service hours defined and invoicing defined?
  • Attorney’s Fees If a dispute arises between you and your client (for example, for non-payment), does the prevailing party have a right to recover its reasonable attorney’s fees?
  • Disclaimers Are you making promises you shouldn’t?
  • Indemnification This is perhaps one of the most vital areas of your agreement. Is it in your favor, or are you giving up the farm?
  • Insurance Requirements Are you providing appropriate insurance coverage? Are you required to name your client as an Additional Insured? Are there exclusions that might apply for which you might not have coverage?
  • How Disputes are Resolved? In the event of a legal dispute with your client, where and how will it be addressed?

These are just a few of the necessary provisions that should be addressed in any of your service contracts.  There are additional areas that can protect your business, but at a minimum, you should make sure you have these basics.

LESSON LEARNED:  We all know it is better to use your own contract than one that is drafted by your client. Your basic template can and should fully protect your business.  However, when you must use your client’s contract, you can always negotiate before you enter into the agreement and try to ensure that some of these essential provisions are there that will protect your business.

Contact us to assist you in reviewing your contract template, or any agreements you might be asked to sign.  (Once you sign it, it’s too late to change things.)

Barry A. Bradley is the Managing Partner of Bradley & Gmelich LLP located in Glendale, California, where he heads up the firm’s Private Security Team and oversees the Employment and Business Teams at the firm.  A former Deputy District Attorney, Barry’s practice concentrates on representing business owners in employment, business and licensing issues, as well as defending litigated cases involving negligent security, employment and business related issues.  The firm acts as general counsel for many security companies in California.  Barry is the Legal Advisor to CALSAGA.

He has been conferred an AV-Preeminent Peer Rating by Martindale Hubbell, the highest rating attainable, and has been named a Southern California Super Lawyer for the past 14 consecutive years in the area of Business Litigation.  Barry is also the recipient of CALSAGA’s Security Professional Lifetime Achievement Award. bbradley@bglawyers.com  818-243-5200.

HEAT ILLNESS PREVENTION

Shaun Kelly, Tolman & Wiker, CALSAGA Preferred Broker

It’s that time of the year….not post tax season… Heat Illness Prevention season!

With the change in seasons comes the warmer weather and it is imperative (And required by Cal/OSHA) that all employers train their supervisors and employees on heat illness prevention. The safety of your employees is the responsibility of the employer and if an unfortunate event does occur, Cal/OSHA may  be investigating the event. If so, they will be asking if you have your Heat Illness Prevention Program in place. The investigation will include verification that you have provided training to your supervisors and employees.

A Cal/OSHA study identified the key role that employers play in preventing worker fatalities due to heat illness. The findings highlighted the value of training supervisors so that they can make the fullest use of their power to control safety on the job.

California Code of Regulations, Title 8, Section 3395 Heat Illness Prevention requires all employers to have a Heat Illness Prevention Program which includes the following:

Provide fresh/potable drinking water

Employers must provide employees with fresh, pure, and suitably cool water, free of charge. Enough water must be provided for each employee to drink at least one quart, or four 8-ounce glasses, per hour and the water must be located as close as practicable to the work area. Employers are also required to encourage employees to drink water frequently

Provide access to shade

When temperatures exceed 80 degrees, employees must be provided shade at all times in an area that is ventilated, cooled, or open to air and that is as close as practicable to the work area. There must be sufficient space provided in the shade to accommodate all employees taking rest. When temperatures do not exceed 80 degrees, employees must be provided timely access to shade upon request. Employees should be allowed and encouraged to take preventative cool-down rest as needed, for at least 5 minutes per rest needed.

Have high heat procedures in place

High heat procedures are required of agricultural employers when temperatures exceed 95 degrees. The procedures must provide for the maintenance of effective communication with supervisors at all times, observance of employees for symptoms of heat illness, procedures for calling for emergency medical services, reminders for employees to drink water, pre-shift meetings to review heat procedures and the encouragement of employees to drink plenty of water and take preventative cool-down rest as needed.

Agricultural employers must additionally ensure employees take, at a minimum, one 10-minute preventative cool-down rest period every two hours in periods of high heat.

Allow for acclimatization

New employees or those newly assigned to a high heat area must be closely observed for the first 14 days of their assignment. All employees must be observed for signs of heat illness during heat waves. A “heat wave” is any day where the temperature predicted is at least 80 degrees and 10 degrees higher than the average high daily temperature the preceding 5 days.

Train all employees regarding heat illness prevention

Employees must be trained regarding the risk factors of heat illness and the employers’ procedures and obligations for complying with the Cal/OSHA requirements for heat illness prevention. Supervisors must additionally be trained regarding their obligations under the heat illness prevention plan and how to monitor weather reports and how to respond to heat warnings.

Have emergency response procedures

Employers must have sufficient emergency response procedures to ensure employees exhibiting signs of heat illness are monitored and emergency medical services are called if necessary.

Have a Heat Illness Prevention Plan

Employers must have a written heat illness prevention plan that includes, at a minimum, the procedures for access to shade and water, high heat procedures, emergency response procedures, and acclimatization methods and procedures.

For your reference, linked is a sample of a Heat Illness Prevention Plan.

Shaun Kelly joined Tolman & Wiker Insurance Services in 2005.  He specializes in all lines of property and casualty insurance for industries including contract security firms, agriculture, construction, oil and gas. Shaun received a BS in Business Administration with a major in Finance from California State University in Fresno, California. He is an active member of several industry associations, including the Association CALSAGA, the Kern County Builders Exchange and the Independent Insurance Agents of Kern County. Shaun can be reached at 661-616-4700 or skelly@tolmanandwiker.com.

Governor Gavin Newsom has appointed Lynne Andres as the new Chief of the Bureau of Security and Investigative Services at the California Department of Consumer Affairs. CALSAGA President David Chandler looks forward to meeting with the new Chief in the near future.

Andres has been a consultant for the California Speaker’s Office of Research and Floor Analysis since 2018. She was director of government relations for the California Academy of Physician Assistants from 2017 to 2018. Andres was a legislative director in the California State Legislature from 2005 to 2017, including in the Office of Assemblymember Joe Baca, Jr., Assemblymember Juan Arambula, Assemblymember Patty Berg, Senator Jenny Oropeza, Senator Ed Hernandez and Senator Jim Beall. She served as federal policy advisor for Governor of Michigan Jennifer Granholm from 2003 to 2004. Andres was legislative director for U.S. Congressman Bart Stupak from 1997 to 2003. She earned a Juris Doctor degree from Concord Law School.

We have enjoyed the working relationship CALSAGA has developed with Chief Woo and wish him the best in his future endeavors.