The 2020 fourth quarter edition of The Californian: The Quarterly Newsletter of CALSAGA is now available!

Click here to read The Californian.

CALIFORNIA ENACTS MANDATORY COVID-19 NOTICE AND REPORTING REQUIREMENTS

Ki Lin Tay, Esq.and Jaimee K. Wellerstein, Esq., Bradley & Gmelich, CALSAGA Legal Advisor

 

On September 17, 2020, Governor Gavin Newsom signed another COVID-19 related bill into law – Assembly Bill 685. This new bill imposes strict notice and reporting requirements upon California employers, in both the public and private sector, and expands the California Division of Occupational Safety and Health’s enforcement authority to ensure safe workplace operations.

 

Assembly Bill (“AB”) 685 – which will go into effect January 1, 2021 – sets out several categories of employees to whom notice must be provided, and establishes detailed written notice requirements, which must be quickly prepared and distributed to employees within time limits set by the bill. The mandates set out by the new law are certainly not straightforward, so California employers will need to pay close attention to the complexities of AB 685, and should start the compliance process now to ensure they meet the requirements of this new law come the new year.

 

New COVID-19 Notice and Reporting Requirements

AB 685 requires all California employers, public or private, to provide “notice of a potential exposure” to COVID-19 from a “qualifying individual” within one day of being informed of a potential exposure at the “worksite.” These terms are specifically defined in the bill, as follows.

 

When Does An Employer Receive “Notice of a Potential Exposure”?

Under the new law, notice of a potential exposure is defined to include:

 

a) Notification from a public health official or licensed medical provider

that an employee was exposed to a “qualifying individual” at the

worksite;

b) Notification from an employee or the employee’s emergency contact that

the employee is a “qualifying individual”;

c) Notification through the testing protocol of the employer that the

employee is a “qualifying individual”; or

d) Notification from a subcontracted employer that a “qualifying individual”

was on the employer’s worksite.

 

Who is a “Qualifying Individual”?

A “qualifying individual” is any person that has: (1) a laboratory-confirmed case of COVID-19; (2) a positive COVID-19 diagnosis from a licensed health care provider; (3) a COVID-19 related order to isolate from a public health official; or (4) has died from COVID-19.

 

It is important to note that if an employee provides informal notice that they may have been exposed to COVID-19 – that is, where one of the above four “qualifying” scenarios has not occurred – that employee is not a “qualifying individual” as defined by AB 685. However, it is always best practice to remove any employees that suspect that they have been exposed to COVID-19 in order to maintain the health and safety of the workplace, unless and until testing or diagnosis can be obtained to confirm they are not infected with the virus.

 

What is Considered the “Worksite”?

Pursuant to AB 685, the “worksite” is defined as “the building, store, facility, agricultural field, or other location where a worker worked during the infectious period”. The term “worksite” does not include “buildings, floors, or other locations of the employer that a qualified individual did not enter”. Employers need only provide notice to workers that were at the same worksite as the qualified individual.

 

Who Must the Employer Notify?

The new bill sets out three categories of employees to whom notice must be provided. The employer must provide written notice to: (1) all employees; (2) the employee’s exclusive representative, where applicable; and (3) the employers of any subcontracted employees “who were on the premises at the same worksite as a qualifying individual” within the “infectious period” (as defined by the State Department of Public Health).

 

Furthermore, if the level of exposure meets the definition of a COVID-19 “outbreak,” as defined by the State Department of Public Health, the employer must provide notice to the local public health agency within 48 hours. This notice must disclose the names, number, occupation, and worksite of the employees who have contracted COVID-19. The employer will also have an ongoing obligation to update the local public health department regarding any further confirmed cases of COVID-19.

 

How and When Must the Notice be Provided?

Written notice must be given within one business day after the employer is informed that there has been a potential exposure to COVID-19 at the worksite. This notice must be provided to employees in the same manner the employer “normally uses to communicate employment-related information”, as long as that method of communication will reach the employees within one business day. These methods of communication may include personal service, overnight mail, electronic mail, or text message, provided it can be reasonably anticipated that the employee will receive the communication within one business day. This notice must be provided in English as well as any other language understood by the majority of the employees at issue.

In addition, “exclusive representatives” of the employees, such as union representatives, must receive notice which contains the same information required to be indicated in a California Division of Occupational Safety and Health (“Cal/OSHA”) Form 300 incident report, to the extent that information is known to the employer.

 

What Information Must the Notice Contain?

The notice to employees must contain the following information:

 

a) Notification from a public health official or licensed medical provider

that an employee was exposed to a “qualifying individual” at the

worksite;

b) Notification from an employee or the employee’s emergency contact that

the employee is a “qualifying individual”;

c) Notification through the testing protocol of the employer that the

employee is a “qualifying individual”; or

d) Notification from a subcontracted employer that a “qualifying individual”

was on the employer’s worksite.

 

In terms of record-keeping requirements, employers must retain records of any written notices issued for a period of three years.

 

Are Any Employers Exempt From These Provisions?

Yes – the notice requirements do not apply to certain health facilities as defined in Section 1250 of the Health and Safety Code, nor do they apply to employees who, as part of their duties, conduct COVID-19 testing or screening or provide direct patient care or treatment to individuals who are exposed to or have tested positive for COVID-19, unless the qualifying individual is an employee at the same worksite.

 

Cal/OSHA’s Expanded Enforcement Authority

AB 685 expands Cal/OSHA’s authority to shut down places of employment by prohibiting operations and entry onto the worksite if that worksite poses any risk of exposure or “imminent hazard to employees” related to COVID-19. In the event that this occurs, Cal/OSHA will provide the employer with a separate notice that must be posted in a conspicuous location.

Employer Takeaway:

Given the complexities and detailed requirements of this new bill, as well as the short window of time permitted to provide the required notices, California employers should immediately begin implementing the practices and procedures necessary to ensure compliance with these new laws in time for the new year.

 

For further information or assistance with preparing for compliance with these new requirements, contact your attorneys at Bradley & Gmelich LLP. We are here to help you make the compliance process as painless as possible!

 

Ki Lin Tay is a Senior Associate Attorney at Bradley & Gmelich LLP. Ki Lin focuses her practice on representing employers and providing strategic advice and counsel in all aspects of employment law and workplace matters, including employment law compliance, employment litigation, workplace investigations, internal audits, wrongful termination, discrimination, retaliation, harassment, misclassification, wage and hour, and general contract matters.

As a qualified attorney in both the United States and Canada, Ki Lin’s experience representing and defending employers in her legal practice is broad and international in scope. Prior to joining the Firm, Ki Lin served as in-house company Counsel and Head of Legal for a national human resources compliance company, arming her with a unique understanding of the dynamics from both sides of the table. Ki Lin specializes in working proactively with employers to develop business and legal strategies that mitigate the risk of employment disputes and maintain compliance with the complex and dynamic landscape of employment law. She regularly provides employers with the mechanisms needed to reduce potential liability and exposure, including employment law counseling, workplace training programs, company policy and handbooks, and all other employment-related contracts and documents used to manage legal risk. ktay@bglawyers.com

 

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-Hubbell, the highest peer rating available. jwellerstein@bglawyers.com

WHAT YOU SHOULD KNOW ABOUT CALIFORNIA WORK BREAK LAWS 

Debbie Howlett, TrackTik, Network Partner

While many security companies recognize that hungry and tired security officers aren’t at their most productive, providing meal or rest breaks to employees isn’t universally required by law (though many employers do provide meal or rest breaks out of courtesy).  

It is well-known that the state of California has some of the strictest employment laws in the United States. And while a number of U.S. states do require employers to provide meal breaks or rest breaks, California is only one of a few states that require both. It also requires that security companies pay their officers for some of this time by offering both a meal break and paid rest breaks.  

Meal Breaks

California law requires that for every five hours a security officer has worked, security companies must provide a 30-minute meal break. However, companies do not have to pay for this time – meal breaks are unpaid. So if the officer only works six hours or less, they can waive the right to a meal break. Security officers who work ten hours are entitled to a second 30 meal break which is also unpaid. If the entire shift doesn’t exceed 12 hours, then an officer can waive the second break as long as the officer took the first break. Two breaks may not be waived in one day.  

Rest Breaks

California law also requires companies to provide rest breaks to their officers. For every four hours worked, security companies must provide a paid 10-minute rest break. Security officers who work less than three-and-a-half hours are generally not offered rest breaks. 

As with all legislation, compliance with California’s labor laws is critical for security organizations since a failure to comply can lead to costly labor claims, stiff penalties, and lawsuits. So staying compliant with meal and rest breaks requirements is critical.  

Recent Lawsuits

Here are two examples of the consequences of not complying with California Work Break Laws, although there are some exceptions to the laws like for private-sector emergency workers who need to be available during their entire shift. 

In 2019, a resort located in Rancho Palos Verdes settled a class-action lawsuit with its hotel workers for $2.1 million. The Terranea Resort failed to provide hotel employees with rest and meal breaks, as well as numerous other violations under California labor law. 

Also in 2019, McDonald’s agreed to pay $26 million to settle a 6-year old lawsuit that alleged it violated wage and hour laws by not granting meal and rest breaks for 38,000 workers at its California restaurants. While McDonald’s didn’t admit culpability in the lawsuit, it did agree to ensure employees get adequate breaks.  

Advanced Break Management

To address the complexity of California work break laws, security companies should look for a security workforce management solution that includes Advanced Break Management. This allows supervisors and managers to implement break rules and automate break management to ensure that employees take the right breaks at the right time. It also ensures that you remain in compliance with the strictest labor legislation in your jurisdiction.   

A good rule of thumb here is to choose a solution that enables multiple meal and rest break rules to be created instantaneously, and alerts so security officers are always aware of breaks for best performance. Other important features include an overview of guard break schedules, simplified scheduling according to positions rather than individuals, and break reminders and overriding features for changes and exceptions.  

Advanced break management gives security organizations peace of mind by making it easier to comply with California’s ever-changing break rules and legislation – and reduce legal and financial risk – while simultaneously increasing workforce flexibility and guard productivity.

Debbie is an experienced writer with a demonstrated history of working in the security industry. She is based in Montreal, Canada, with TrackTik—a dynamic and cutting-edge tech company that sells cloud-based security workforce management software.

Debbie Howlett 
Content Specialist 
TrackTik 

debbie.howlett@tracktik.com
Twitter: @TrackTik  

 

BENEFITS OF ONLINE TRAINING FOR SECURITY OFFICERS 

Armand Adkins, GuardsLink

Traditional methods of training were confined to four walls, where a room full of participants would listen to a facilitator who stood at the front of the class.  With today’s technologies, we can now think outside the box, or if you will, train outside the four walls. With the necessity for social distancing in certain locations, taking training courses online is not only logical, but the safe option. These days, security officers can receive online training on a range of different topics, ranging from communications to the theory portion of armed training. Ensure you take your training from a top online training platform for security officers. This article discusses the benefits of online training for security officers. 

Tools Needed For Online Learning

Before we dive into the benefits of online training for security officers, we have to take a moment to highlight the tools someone would need for online learning. As we know, for the traditional on-site methods of training, all one needs is a notebook, a pen and, of course, to show up on time at some location which may or may not be convenient. However, in an online environment, the learner will need the following in order to access their instructional materials that may include videos, audio, text and images: 

  1. Laptop, desktop, tablet or smartphone 
  2. Strong internet 
  3. Space for re-enact demos and practice, and 
  4. Props for practice, if necessary 
Convenience and Flexibility

Because online training courses are available 24/7, prospective security officers can take their mandatory training at a timethat is convenient for them. This flexibility allows trainees to fit their training around their lifestyle, rather than the other way around. This is especially vital for trainees with children, or prospective security officers still working at another job. Imagine having to juggle a full-time job with on-site training; that could translate to long commute hours and loss of weekends. Also, online training reduces the chance of a security officer missing their training, which potentially could result in committing errors while on duty. 

Compliance and Liability

As Calsaga is correct to remind its members regularly, all security officers, and by extension security companies in California, are required to meet the training and continuing education standards set out by the BSIS. No exceptions. 

There are many existing BSIS approved, third-party online trainers.  Your security officers will find one of them to receive training, and then your company must have the administration process in place to know when training is due by guard, track down the security officer to obtain the certificates and properly store them consistently, every time.  Likewise, there are integrated training platforms, like GuardsLink, that not only include the training for consistency across all your guards, but includes the tracking and proper, secure storage of certificates to ensure compliance.  Whether you send your security officer to obtain third-party online training or you have a platform to simplify the process in-house, your obligation remains the same –  to maintain compliance with training requirements to protect your company and security officers from compliance findings and/or liability issues.  

No Class Size Minimum & More Precise Training

With online training, it is easier and faster to distribute learning resources and monitor and track how security officers are engaging with the content. Training is available on-demand and does not require special planning and logistics. To access, all one needs to do is make a purchase, create an account, and find a convenient time to work through the learning materials. The right training can be taken at the right time, without the concern of whether there are enough trainees to justify the coordination and cost of on-site training.  

Manage Dissemination of Protocols

When a new security protocol or guideline is issued, whether from regulators or internal, it is easier to manage its dissemination among security officers in active service through online training. This way, SOPs (Standard Operating Procedures) and other procedural materials can reach those it is intended for in a streamlined manner.  

Opportunity for One-on-One

The majority of time traditional training involves one-to-many. Although online training is also one-to-many, the opportunity for having a one-on-one with the facilitator is greater because learning management systems (LMS) are built to have a one-on-one feature by default. On-site training has to follow specific schedules, especially where the venue and/or trainer have to be booked and paid for. It is different for online training, as trainees can drop their questions and receive feedback from the facilitator at each other’s convenience. Sometimes, this one-on-one opportunity could be extended post-training, which could be helpful for those new on the job. 

Go In-Depth on Niche Topics

As new situations arise in society, new security issues will also arise. Using online training, security officers and security companies are assured of receiving high-value training from those with subject matter expertise on niche topics. For instance, with active shooter training, who better to facilitate than one who had previously trained for and worked in an active shooter environment from the perspective of a security and public safety professional? Everyone can also save time by having the facilitator record once, rather than having to be physically present in several locations.  

Reduce Costs

On-site training involves several costs like equipment, location, transportation, trainers per session, and so on. With online training the purchase is the only cost, where the individual gets unlimited access at their convenience. Importantly, quality online training does not have to mean expensive.  Several vendors, including GuardsLink, offer affordable online training, whether the cost is picked up by the individual security officer or company. In fact, security companies can expect to get discounts when purchasing in bulk on behalf of their security officers. 

Conclusion

Of course, there are limitations to online training such as slow internet connection, distractions at home, and space for practice. However, the benefits outweigh the limitations. Current realities have created an essential need for transitioning to digital. Education, training and professional development have now transitioned online. Benefits of online training for security officers  

range from convenience and flexibility, reduced costs, and easy tracking. Not only that, but clients can be assured that your security officers are up to date on security trends that will keep their business, staff and properties secure.  Choosing to take training courses online is a smart move. 

Armand Adkins is CEO of Security Alliance Group (SAGPro.com), a provider of best-in-class support services/systems for small to mid-sized private security guard companies. With 25 years of legal, compliance and operational experience, Armand leads a dynamic company that delivers two unique services to address the training and hiring needs of security companies.

GuardsLink platform gives security companies the ability to provide their employees branded online training that is both affordable and quality, and includes an integrated system to monitor and manage guard training. 

SecurityHires (SecurityHires.com) is a security industry focused job board designed and built using cutting edge technology to assist in all the hiring requirements of security companies seeking qualified guards.  

Those looking for an intuitive and robust training solution implemented at no cost with a revenue sharing model, or more information regarding the benefits of the industry specific job board, should contact Armand at info@sagpro.com or call (888) 360-9373.

THREE WAYS YOUR SOFTWARE SHOULD SUPPORT MEAL AND REST BREAK COMPLIANCE 

Team Software, Network Partner

By capturing electronic timekeeping data with your software, you’re able to catch and prevent violations before they happen — something that isn’t possible with manual timekeeping. 

Timekeeping is an everyday concern for security companies. Your guards are clocking in and out of shifts across multiple locations. Your supervisors can’t be everywhere at once to ensure breaks are being taken by the right people at the right times. This doesn’t just have an impact on your individual employees — it also has an impact on your business’s financial wellbeing when it comes to paying for meal and rest break compliance violations. 

Understanding the impact of these laws is especially crucial for security companies in?California, where violating meal and rest break laws can result in compensating employees for lost breaks with additional hours of pay. Here’s a list of three ways your software should support your business when it comes to meal and rest break compliance. 

Timekeeping and Punch Types

Your meal and rest software should offer enhanced timekeeping and punch types to allow you to track your guards’ multiple unpaid and paid (otherwise known as on-duty) meals and paid breaks. You should also be able to see actual in and out times, and view, edit, and clean up your collected data in efficient and helpful ways when punch data must be corrected. 

Reporting

Look for software with useful and informative meal and rest reporting to help determine who is and who isn’t in compliance with your company and/or state’s meal and rest laws. Reporting should be flexible to allow you to identify any or all violations such as meals and breaks that have been missed, are too short or not taken in a timely manner. The identification of and premium (or penalty) payment of the violations you identify according to your business policies should be a simple, streamlined process. 

Notifications 

Your software should be able to send notifications to the right people at the right time to support your company’s meal and rest compliance and minimize premium payments to employees. To ensure lunch breaks are taken in a timely manner, look for focused notifications that alert supervisors if a meal hasn’t been started after a certain amount of time into a shift. Guards should also be notified if they’re checking back into work before their lunch or break is taken in full. 

When used properly, a holistic software solution ensures your timekeeping is accurate, easy to manage and in compliance with state, local, union or company-specific regulations. Contact TEAM Software at sales@teamsoftware.com to learn about how we can help you manage your meal and rest break compliance. 

HOW TO WIN IN-HOUSE CONTRACTS AS A PRIVATE SECURITY COMPANY 

Chris Anderson, Industry Expert, Thinkcurity, Silvertrac, Network Partner

For a long time, the contract security industry has faced fierce competition. A limited number of large companies dominate the market and hundreds of other security guard businesses battle for what’s left of the contracts. 

2020 is no different. The top 5 security guard companies account for $17.1 billion of the $28 billion contract security market. For every other security company, staying on top of trends is critical for success in the industry. 

Robert Perry’s white paper on the U.S. Contract Security Industry is one of the best resources to follow these trends. One opportunity in the security industry that the paper talks about is contract security companies winning contracts with businesses that currently use in-house security. 

There is an estimated $15 billion in potential revenue from converting in-house security to contract security. But many security guard companies are not moving on this opportunity. 

This article will look at 3 advantages of contract security over in-house security. You can work these advantages into your sales strategy to win more contracts with these businesses. 

  1. Cheaper Security Costs 
  2. More Experience & Training 
  3. Security Technology 

If you want more information on this topic and other trends in the security industry, you can watch the on-demand Thinkcurity Virtual Physical Security Summit. Robert Perry, the Day 1 keynote speaker, reviewed the 2020 white paper as well as how to have long-term success in the contract security industry. 

  1.  Cheaper Security Costs

If you run your own security business, you know that business owners are constantly thinking about their bottom line. One of the biggest advantages for a company to use contract security services, instead of keeping it in-house, is that it is much cheaper. 

In-house security requires a business to cover all kinds of extra costs like recruiting, onboarding, training, insurance, and benefits. Hiring 1 employee costs an employer an average of around $4,000, and healthcare benefits can be as much as 9% of employer costs per employee. 

Contract security is often sold as one flat, hourly guard rate. Not only are you providing the security guard and paying their salary, you also cover all of the associated costs with maintaining the roster, working them into that flat, hourly rate. 

When a company hires security officers in-house, they need to be extra careful when they decide to change their roster size. As a contract security provider, you can easily increase or decrease coverage for a client as needed. 

Lastly, contract security companies can more easily offer additional security services. Take mobile patrols for example. An in-house team would have to invest in the vehicle itself, any extra training or licensing, and other costs. 

As a contract security provider, you either already have mobile patrol teams in place or can more easily subcontract a company that offers mobile patrols. Plus, since you are spreading the cost across your entire business, it keeps the rates lower for a client, making them even more likely to give you the contract. 

More Experience & Training

Highlighting the experience and training your security guards have is one of the best cases you can make to win a contract from a company currently using an in-house team. Of course the first step is making sure that your guards and supervisors are properly trained. 

Thinkcurity is a great resource for general knowledge like training security supervisors to be true leaders. On top of that, training that is backed up with certifications is very helpful. Organizations like CALSAGA and ASIS can provide your officers with certified training that will look great to any potential client. 

When you have experienced officers, you will stand out in the industry and will be in a good position to win contracts – even without being the lowest bid. If you trust the quality of service provided by the officers you employ, you can wow a potential client even further by showing the steps you take to have high accountability and transparency in your operation. 

Experience means more than just the amount of years each one of your security guards has worked in the industry. Your experience as an owner is a huge value add to a company whose focus is not on security services. 

Because of this, if you’re looking to win over in-house contracts, start with businesses that are in industries or require services that you have the most experience in. Your resume as a security service provider in the specific areas they need help with will be a very convincing argument even before you get to talking about your rates. 

Security Technology

Technology is becoming more and more important to the private security industry every year. 

Depending on the size of your security company and what kind of services you offer, there is a wide range of security technology and software solutions you can use to improve operations. 

Regardless of size, every guard company should have some level of security incident reporting software. Small operations need at least a simple software to collect good data from the field and keep track of guards during guard tours. 

Larger security companies probably will require more sophisticated security software. Command center (GSOC) and visitor management features are key to handling larger contracts with more specific needs. 

Artificial intelligence (AI) technology is becoming more popular in security – especially with tools like AI integrations with remote guarding. 

Whatever security technology you have incorporated into your business can give you an advantage when trying to win over an in-house security contract. Already having technology that’s worked into your guard rate is likely to be appealing to a potential client. 

Closing

With all of the competition in the private security industry, keeping your eyes open for new opportunities is critical to growth and long-term success for your security company. If you are interested in going after in-house security contracts, these 3 advantages should absolutely be highlighted during the proposal process. 

Still want more hands-on advice? Make sure to watch the on-demand Virtual Physical Security Summit and tune-in to Robert Perry’s keynote speech on long-term success in the security industry. 

Chris is the Founder of Silvertrac Software and has been working in the security industry for more than 25 years. He enjoys working with our clients everyday to help them grow their businesses and really enjoy what they are doing. Chris currently lives and works in Seal Beach, CA.

SB 1159 – REPORTING WC CLAIMS WHETHER WORK-RELATED OR NOT!

 Shaun Kelly, Tolman & Wiker, Preferred Broker

Credit needs to be given to the CALSAGA staff and President David Chandler for their ability to put together a great virtual conference in the midst of the COVID pandemic. there was an abundance of information provided by the speakers that was shared with the CALSAGA Members and those that were able to attend the conference. This event took tremendous amount of coordination, time and resources to put together and they did an outstanding job!

We are receiving a large volume of calls regarding the compliance with the SB 1159 and what to do. As this was part of our presentation for the conference, we want to reemphasize the details of the new law and help Members navigate through the process. Compliance with the SB 1159 is mandatory and comes with a penalty for those employers that do not comply. However, if you have less than 5 employees, this new law does not apply to you.

Linked below is an outline of FAQ’s that we have developed for you. Click on the link and please review. Do not hesitate to contact us if you have any questions.

Thanks again to CALSAGA for putting on a wonderfully informative conference!

View Senate Bill 1159 Primer: New Reporting & Notification Requirements for Employers


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.