WSR 05-06-004

PROPOSED RULES

DEPARTMENT OF LICENSING


[ Filed February 18, 2005, 11:19 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 04-08-078.

Title of Rule and Other Identifying Information: Chapter 18.170 RCW, chapter 308-18 WAC, Private security guards.

Hearing Location(s): Department of Licensing, 405 Black Lake Boulevard, Conference Room 209, Olympia, WA 98507, on April 6, 2005, at 1:00 p.m.

Date of Intended Adoption: April 8, 2005.

Submit Written Comments to: Mary Haglund, Program Manager, 405 Black Lake Boulevard, Olympia, WA 98507, e-mail mhaglund@dol.wa.gov, fax (360) 664-6624, by April 1, 2005.

Assistance for Persons with Disabilities: Contact Mary Haglund, Program Manager, by April 1, 2005, TTY (360) 664-8885 or (360) 664-6624.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The rule establishes training and testing requirements for security guards. The anticipated effects are that security guard companies will implement new training topics to be taught during the additional training hours as required under chapter 18.170 RCW. See rule shown below for specific training topics and implementation procedures.

Reasons Supporting Proposal: Chapter 18.170 RCW sections on training hours and training requirements was amended in the 2004 legislative session. The proposed rule is revised to reflect the new training requirements resulting from the legislation.

Statutory Authority for Adoption: Chapter 18.170 RCW.

Statute Being Implemented: Chapter 18.170 RCW.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Department of Licensing, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Mary Haglund, 405 Black Lake Boulevard, Olympia, WA 98507, (360) 664-6624.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Chapter 19.85 RCW does not apply to the Department of Licensing.

A cost-benefit analysis is not required under RCW 34.05.328. RCW 34.05.328 does not apply to the Department of Licensing.

February 16, 2005

Andrea C. Archer

Assistant Director

OTS-7842.1


AMENDATORY SECTION(Amending WSR 97-17-050, filed 8/15/97, effective 9/15/97)

WAC 308-18-020   Organization.   The principal location of the private security guard licensing program is at 405 Black Lake Boulevard S.W., Olympia, Washington 98504. The department of licensing administers the Washington private security guard license law, chapter 18.170 RCW. Submissions and requests for information regarding private security guard company licenses, private security guard licenses, and armed private security guard licenses may be sent in writing to the Private Security Guard Program, Department of Licensing, P.O. Box ((9045)) 9649, Olympia, Washington 98507-((9045))9649.

[Statutory Authority: RCW 18.170.180(1), 43.24.086 and 34.05.482. 97-17-050, 308-18-020, filed 8/15/97, effective 9/15/97. Statutory Authority: RCW 18.170.180. 91-22-112, 308-18-020, filed 11/6/91, effective 12/7/91.]


AMENDATORY SECTION(Amending WSR 02-24-026, filed 11/27/02, effective 1/1/03)

WAC 308-18-240   Required records.   The minimum records the principal of a private security guard company shall be required to keep are:

(1) Preassignment and postassignment training and testing records for each private security guard.

(2) Private security guard temporary registration card ledger showing the department-supplied registration number, applicant's name, date of issue, date of expiration and date card was forwarded to the director.

(3) The company principal shall maintain proof of annual shooting requirements for each armed security guard employed by the security guard company in the armed security guard's training files or employee's files.

These records shall be retained and available for inspection by the director or the director's authorized representative for a minimum of three years.

[Statutory Authority: Chapter 18.170 RCW. 02-24-026, 308-18-240, filed 11/27/02, effective 1/1/03. Statutory Authority: RCW 18.170.180(1), 43.24.086 and 34.05.482. 97-17-050, 308-18-240, filed 8/15/97, effective 9/15/97. Statutory Authority: RCW 18.170.180. 91-22-112, 308-18-240, filed 11/6/91, effective 12/7/91.]

PART D

PREASSIGNMENT AND POSTASSIGNMENT TRAINING AND EXAMINATION REQUIREMENTS
AMENDATORY SECTION(Amending WSR 97-17-050, filed 8/15/97, effective 9/15/97)

WAC 308-18-300   Minimum preassignment training and testing requirements.   (((1) The preassignment training required by RCW 18.170.100, shall include as a minimum:

(a) Basic security.

(i) Role of the security officer.

(ii) Typical assignments and tasks.

(iii) Observation.

(iv) Patrol.

(v) Proper actions.

(b) Legal powers and limitations.

(i) Citizens arrest.

(ii) Authority to detain, question, or search a private citizen.

(iii) Authority to search or seize private property.

(iv) Use of force.

(v) Relationship with law enforcement.

(vi) Avoiding liability.

(c) Emergency response.

(i) How to contact police, fire, and medical response services.

(ii) How to define what is or is not an emergency situation.

(iii) Response to fires.

(iv) Response to medical emergencies.

(v) Response to criminal acts.

(vi) Assisting emergency services personnel.

(vii) Bomb threats.

(d) Safety and accident prevention.

(i) Observation and reporting of unsafe conditions.

(ii) Accident hazards.

(iii) Fire hazards.

(iv) Hazardous materials.

(v) Safety rules and regulations.

(vi) Accident reporting.

(e) Report writing.

(i) Why write a report.

(ii) Elements of a report.

(iii) Proper times, names, and location descriptions.

(iv) Giving physical descriptions.

(v) Fact versus opinion or assumption.

(vi) Penmanship.

(vii) Changes to a report.

(viii) Reports as legal documents.

(f) Public relations.

(i) Public relations skills.

(ii) Principles of good communication.

(iii) Proper telephone procedure.

(iv) Listening.

(v) Avoiding confrontation.

(vi) Dealing with the media.

(2) The minimum time each private security guard candidate must spend in preassignment training is at least four hours. The time spent on each required topic may vary providing the time for all required topics totals four hours and the four hours is devoted solely to the topics designated.

(3) All private security guard applicants, after receiving preassignment training and prior to receiving their license, must successfully complete a test designed to demonstrate their understanding and retention of the information learned in the training course. This test shall consist of a minimum of thirty multiple choice questions based on the training topics outlined above. Test results must be verified and signed by a certified trainer. All applicants must answer all questions correctly on the private security guard preassignment training test. Questions incorrectly answered initially must be reviewed to insure the applicant's understanding and then initialed by both the applicant and the certified trainer verifying knowledge of the correct answer(s).)) (1) Except as provided under RCW 18.170.100 (1)(b)(ii), beginning July 1, 2005, all security guards licensed on or after July 1, 2005, must complete at least eight hours of preassignment training. Four hours of the preassignment training classroom and/or on-the-job training shall be in subjects determined by the security guard company principal developed to fit the specific type of duty required by the post. The additional four hours of the preassignment training classroom instruction shall be in the following listed subjects and shall be the contents of the preassignment exam developed by the department:

(a) Basic principles.

(i) Basic role of the security guard;

(ii) Washington state licensing laws;

(iii) Observation;

(iv) Proper actions, reactions;

(v) Homeland security - terrorism and surveillance.

(b) Legal powers and limitations.

(i) Citizens arrest;

(ii) Authority to detain, question, or search a private citizen;

(iii) Authority to search or seize private property;

(iv) Use of force;

(v) Avoiding liability.

(c) Emergency response.

(i) How to define what is or is not an emergency situation;

(ii) Response to fires;

(iii) Response to medical emergencies;

(iv) Response to criminal acts;

(v) Bomb threats.

(d) Safety and accident prevention.

(i) Hazardous materials including MSDS;

(ii) Accident reporting.

(e) Report writing.

Elements and characteristics of a report.

(2) All private security guard applicants, after receiving preassignment training and prior to receiving their license or temporary registration card, must successfully complete an exam designed and provided by the department to demonstrate understanding and retention of the information learned in the training course on the subjects listed in WAC 308-18-300. The exam shall consist of multiple choice questions. All applicants must answer all questions correctly on the preassignment training exam or questions incorrectly answered must be reviewed to ensure the applicant's understanding and then initialed by both the applicant and the trainer verifying knowledge of the correct answer(s).

[Statutory Authority: RCW 18.170.180(1), 43.24.086 and 34.05.482. 97-17-050, 308-18-300, filed 8/15/97, effective 9/15/97. Statutory Authority: RCW 18.170.180. 91-22-112, 308-18-300, filed 11/6/91, effective 12/7/91.]


NEW SECTION
WAC 308-18-305   Minimum postassignment and on-the-job training requirements and training topics.   (1) Beginning July 1, 2005, all security guards must complete at least eight hours of postassignment or on-the-job training.

(a) Security guards licensed on or after July 1, 2005, are required to complete four hours of postassignment training within the first six months of employment and the remaining four hours completed within the following six months.

(b) Security guards licensed prior to July 1, 2005, are required to complete four hours of postassignment training by December 31, 2005, and the remaining four hours must be completed by July 1, 2006.

(c) Beginning January 1, 2006, the number of required postassignment training hours must be increased by one hour every year until January 1, 2012. The number of postassignment training hours required of a security guard is the number required on the date the security guard is initially licensed by the department. The additional hours of training must be completed within eighteen months after the date a security guard is hired.

(2) The topic areas that must be used for postassignment training are as follows and may also include the subject topics listed under WAC 308-18-300:

(a) Basic role of private security guards.

(i) Security awareness;

(ii) Private security guards and the criminal justice system;

(iii) Information sharing;

(iv) Crime and loss prevention.

(b) Legal aspects of private security.

(i) Evidence and evidence handling;

(ii) Use of force;

(iii) Court testimony;

(iv) Incident scene preservation;

(v) Equal employment opportunity (EEO) and diversity;

(vi) State and local laws.

(c) Security officer conduct.

(i) Ethics;

(ii) Honesty;

(iii) Professional image.

(d) Observation and incident reporting.

(i) Observation techniques;

(ii) Note taking;

(iii) Report writing.

(e) Principles of communications.

(i) Interpersonal skills;

(ii) Verbal communication skills;

(iii) Building relationships with law enforcement;

(iv) Customer services and public relations;

(v) Workplace violence.

(f) Principles of access control.

(i) Enter and exit control procedures;

(ii) Electronic security systems.

(g) Principles of safeguarding information.

Proprietary and confidential.

(h) Emergency response procedures.

Critical incident response (e.g., natural disasters. accidents, human caused events).

(i) Evacuation processes.

(j) Life safety awareness.

(i) Safety hazards in the workplace/surroundings;

(ii) Emergency equipment placement;

(iii) Fire prevention skills;

(iv) Hazardous materials;

(v) Occupational safety and health requirements (e.g., OSHA related training, bloodborne pathogens, etc.).

(k) Job assignment and postorders.

(i) Assignments and tasks;

(ii) Patrol.

(3) The required postassignment training records must be attested to by a licensed certified trainer and retained by the company. The postassignment training records must include the following information:

(a) Security guard name and signature;

(b) Training topics covered;

(c) Number of training hours received;

(d) Date training was completed;

(e) Certified trainer attesting to the training.

(4) Electronic records and signatures are permitted. The postassignment training records are not required to be submitted to the department, but must be available upon request from the company for three years.

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Washington State Code Reviser's Office