WSR 07-17-063

PROPOSED RULES

DEPARTMENT OF LICENSING


[ Filed August 13, 2007, 11:19 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 07-12-077.

Title of Rule and Other Identifying Information: Chapter 308-18 WAC, Private security guard companies and private security guards.

Hearing Location(s): Department of Licensing, Business and Professions Division, 405 Black Lake Boulevard, Room 2209, Olympia, WA 98502, on September 25, 2007, at 1:00 p.m.

Date of Intended Adoption: October 1, 2007.

Submit Written Comments to: Department of Licensing, Security Guard Program, P.O. Box 9649, Olympia, WA 98507, e-mail Security@dol.wa.gov, fax (360) 570-7888, by September 21, 2007.

Assistance for Persons with Disabilities: Contact (360) 664-6611, TTY (360) 664-8885.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: In the 2007 legislative session, the security guard industry asked for the legislature's approval to change the security guard training requirements. The change request affected the preassignment and postassignment training and added a new annual training requirement. The legislature approved of these changes and now the rules must meet the new requirements.

Reasons Supporting Proposal: The intended goal when creating a new rule is to make it easy for people to understand the requirements. Some of the existing requirements are no longer valid and must be taken out of the rule. New instructions are entered into the rule that apply to the sections of the law that have been revised.

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, Olympia, (360) 664-6658.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Department of licensing is exempt from this requirement.

A cost-benefit analysis is not required under RCW 34.05.328. Department of licensing is exempt from this requirement.

Ralph Osgood

Assistant Director

OTS-9919.2


AMENDATORY SECTION(Amending WSR 05-09-036, filed 4/14/05, effective 7/1/05)

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, and annual refresher 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. 05-09-036, 308-18-240, filed 4/14/05, effective 7/1/05; 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.]


AMENDATORY SECTION(Amending WSR 05-09-036, filed 4/14/05, effective 7/1/05)

WAC 308-18-300   Minimum preassignment training and testing requirements.   (((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:)) Preassignment training must consist of eight hours of training.

(1) At least four hours of the training must take place in an organized and formal setting. The remaining four hours of training can be continued in the organized and formal setting or it can be individual instruction.

(2) The preassignment organized and formal training must be from the following listed subjects. These training topics are the source of the questions in the preassignment examination issued 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))) (3) 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: Chapter 18.170 RCW. 05-09-036, 308-18-300, filed 4/14/05, effective 7/1/05. 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.]


AMENDATORY SECTION(Amending WSR 05-09-036, filed 4/14/05, effective 7/1/05)

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.)) Postassignment training must consist of eight hours of training in any topics contained in this section. These topics may also be used in the annual refresher training. Training requirements are described in chapter 18.170 RCW.

(((2))) (1) 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))) (2) 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))) (3) 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.

(4) Security guard companies are required to maintain complete detailed training records. The training records must include the name and signature of the department certified trainer attesting to the training provided.

Transferring security guards may provide a copy of their training records to another security guard company. Security guard companies may accept the records as proof that the security guards have completed the required postassignment training and not repeat postassignment training.

[Statutory Authority: Chapter 18.170 RCW. 05-09-036, 308-18-305, filed 4/14/05, effective 7/1/05.]


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 308-18-145 Comments by chief law enforcement officers and employers.

Washington State Code Reviser's Office