BEWARE OF NEW BSIS INCIDENT REPORTING REQUIREMENTS

Barry A. Bradley, Esq., Bradley, Gmelich + Wellerstein, CALSAGA Legal Advisor

AUTHOR’S CORRECTION AND REVISION:  To clarify some questions raised by this article when it originally published, the Incident Report requirements below are more detailed to reflect that submitting the report to BSIS is required when an employee is discharged, suspended, or reprimanded as the result of being in a physical altercation with a member of the public. (See, “The New Rule,” below with added language.)  Not every employee discharge, suspension or reprimand requires an Incident Report.  Sorry for any confusion.

Earlier this year, California Governor Gavin Newsom signed AB 229 into law. Among other things, this new law expands the duty of California Private Patrol Operators (PPOs) to report “incidents” that occur by security officers on duty.  Not only does it greatly enlarge the obligation and the circumstances of reporting, but citations for failure to report have just increased from $1,000 per violation to $5,000 per violation. Wow!  And this requirement took effect immediately.

 

The New Rule:

The Private Security Services Act, Business & Professions Code § 7583.2 now requires a written Incident Report to BSIS within 7 business days of the occurrence of any of the following:

[Note that the new expanding language is underlined.]

• Discharge of a Firearm.
• Physical altercation with a member of the public while on duty that results in any of the following:
  • Arrest of a security guard.
  • Filing of a police report by a member of the public.
  • Member of the public requiring any type of first aid or other medical attention.
  • The discharge, suspension, or reprimand of a security guard by their employer.
  • Any physical use of force or violence on any person while on duty.

 

Vague Terminology

The use of the new vague term, “any physical use of force,” is going to be open to interpretation.  It’s easy to understand that a fist fight, use of a weapon, etc., is a “physical use of force.”  But how about the gray areas?

Does this include a simple hand on the back of the arm guiding someone to an exit?  How about a firm grip?  Does it include moving someone’s hand from in front of an officer’s face?  Does it include putting an arm up as someone approaches an entrance to prevent entry where physical contact is made?

While the terminology may be vague, the impact of the Bureau’s enforcement of this new provision is clear: not only will there be an increase in the frequency of citations for violation of section 7583.2, but there will also be a great increase in the revenue these citations will create for BSIS.

 

Better to Self-Report?

It will be up to each PPO to determine whether or not an incident qualifies under the new “any physical use of force” terminology, and thus reportable to the Bureau.  Of course, most any report can result in BSIS conducting a further investigation to determine whether any other licensing issues should be addressed. (No PPO wants that to occur.)

Remember, reports should provide sufficient detail, but nothing that can be used against your PPO or your security officer in a civil or criminal matter (if possible).  Although these reports are not automatically discoverable under the California Public Records Act (CPRA), if you end up in litigation, a judge could order the production pursuant to a records subpoena. You are at the mercy of a judge on that given day.

LESSON:  If you’re not sure whether or not to report an incident, that should probably tell you something. (That is, you should probably report it!)  If in doubt, always feel free to call your attorneys for some sage advice.

 

Barry A. Bradley is the managing partner of Bradley, Gmelich & Wellerstein LLP where he oversees the firm’s Business and Employment Department and heads up the firm’s Private Security Litigation Team.  A former Deputy District Attorney, Barry’s practice concentrates on licensing, employment and business related issues, defending cases involving negligent security, as well as assisting clients in avoiding liability through proactive, preventative measures.  

The firm acts as general counsel for many security companies in California.  Barry is the Legal Advisor to The California Association of Licensed Security Agencies, Guards & Associates (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 15 consecutive years in the area of Business Litigation.  Barry is also the recipient of CALSAGA’s Security Professional Lifetime Achievement Award. bbradley@bgwlawyers.com  818-243-5200.

Our firm is very pleased to announce the promotion of Jaimee K. Wellerstein to equity partner and our name change to Bradley, Gmelich & Wellerstein, LLP. Jaimee will continue to serve as Employment Law Team Head and work with us to shape the future of the firm. Please note our updated email addresses and website URL in your records!

 

6 TIPS TO RETAIN GOOD SECURITY OFFICERS

Kwantek Team

Turnover is always a challenge in the contract security industry, but not all employee turnover has the same impact.

While losing mediocre employees creates more work for you, losing your best security officers can impact the health of your business.

If you’re struggling to retain your best security officers, follow these six tips.

Ensure Job Fit From Day One

No one wants to work at a job that prevents them from spending time with their families or forces them to work in an environment that clashes with their preferred working styles.

To keep your security officers long-term, make sure you’re putting them in an ideal position on their first day on the job. Follow these tips to ensure you’re hiring the right person for the job:

• Tip #1: Determine what shift they want to work. The hours that people work have an impact on their personal time. To retain your security officers, put them on shifts that complement—rather than impede—the things they want to do in their time off of work.
• Tip #2: Find out how they like to work. Some people thrive when they’re surrounded by others. Others thrive when working alone. Determine the ideal working conditions for each new security guard, and place them in roles that match those preferences.
• Tip #3: Ascertain their long-term goals. Some employees may have goals to move into supervisory positions. Others get bored easily and want to learn something new every few months. Find out what new security officers are looking for in the future, then, for example, you can create paths to promotion or plans to move them into new roles.

Sometimes, you can ascertain the answers to these questions during an interview. However, when people are just hoping to get hired, they may give you the answers they think you want to hear rather than truly honest answers.

A better way to find out what each new security guard needs is to use Kwantek’s Working Style Assessment. Our pre-hire assessment asks prospective employees a series of questions that help you determine the best job fit for new security officers, providing you with honest answers about each employee’s preferred working conditions, ideal environments, and long-term goals.

Provide Great Security Officers with Incentives to Stay

Getting new employees in the right role is just step one of retaining them. Once they’re in their positions and doing great work, you need to make an effort to incentivize them to stay.

And while the most obvious incentive is increased pay, that may not always be a viable option for your business. Luckily, there are plenty of other ways to keep great security officers engaged:

• Tip #4: Offer unique benefits. Even if you can’t afford frequent salary increases, you can make your position better than others your security officers may be considering. Consider increasing the amount of paid time-off your best security officers get, moving them to locations closer to their homes, or offering free snacks and coffee at work.
• Tip #5: Create a great culture. Creating a great culture doesn’t require a monumental effort. Sometimes, it’s as simple as making your employees feel heard. Build a culture where everyone feels valued by making sure employees have regularly scheduled meetings with their supervisors where they’re free to ask questions and share concerns.
• Tip #6: Provide incentives to stay. Consider offering officers an annual bonus for each year they stay on the job, giving your most tenured officers their choice of shifts or locations, or creating a promotion path that satisfies the goals of ambitious officers.

Retaining your best security officers isn’t always a matter of offering the highest salary. By providing your security officers with a work environment that makes them feel comfortable and valued—and benefits that provide them with a better work-life balance—you can create positions that are much harder for great security officers to walk away from.

Avoid Turnover and Retain Your Best Security Officers

Sometimes, high turnover—even among your best employees—feels inevitable in the contract security industry. However, if you put people in the right roles from day one and offer unique incentives for great employees to stay with your company, you can stop the revolving door and start retaining your best security officers long-term.

If you’re interested in learning more about how Kwantek’s Working Style Assessment can help you identify the best candidates in the pre-hire process, click here to schedule a demo.