New security guard law: nuisance or benefit?The new New York New New York is the name of three futuristic cities modelled on New York City:
New York, Middle Atlantic state of the United States. It is bordered by Vermont, Massachusetts, Connecticut, and the Atlantic Ocean (E), New Jersey and Pennsylvania (S), Lakes Erie and Ontario and the Canadian province of real estate community. Does the new law really help, or is it just another nuisance nuisance, in law, an act that, without legal justification, interferes with safety, comfort, or the use of property. A private nuisance (e.g., erecting a wall that shuts off a neighbor's light) is one that affects one or a few persons, while a public nuisance (e.g. added to building management?
The new law affects all employers of security guards - anyone employing a person whose principal function is "protection of individuals and/or property from harm, theft or other unlawful activity." Requirements include, among many items, comprehensive general liability insurance, specialized spe·cial·ize
v. spe·cial·ized, spe·cial·iz·ing, spe·cial·iz·es
1. To pursue a special activity, occupation, or field of study.
2. guard training, and certification that the employer has verified ver·i·fy
tr.v. ver·i·fied, ver·i·fy·ing, ver·i·fies
1. To prove the truth of by presentation of evidence or testimony; substantiate.
2. the information in all employment applications. These complex rules represent a complete turnaround Turnaround
A situation where a company that has had poor performance for an extended period of time experiences a positive reversal.
A speculator may profit from a turnaround if he or she accurately anticipates the improvement of a poorly performing company. from virtually no regulation whatsoever.
The most sweeping change - perhaps the biggest nuisance - is the new registration requirement. Now no one can be hired as a security guard (or continued as such) without a valid photo ID issued by the Department of State. New York has long required registration and/or licensing for many barbers, beauticians, stockbrokers, and real estate brokers, among others - but until now, just about anyone could be a security guard.
In order to register a guard, every employer must provide 8 hours of pre-assignment training and 16 hours of on-the-job training during the guard's first 90 working days. Specialized training is required for armed guards, including a 47-hour firearms This is an extensive list of small arms — pistol, machine gun, grenade launcher, anti-tank rifle — that includes variants.
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When applying for the guard's photo registration card, the employer must pay an initial $36 fee (and a $25 renewal fee every two years), plus supply recent photographs, fingerprints Impressions or reproductions of the distinctive pattern of lines and grooves on the skin of human fingertips.
Fingerprints are reproduced by pressing a person's fingertips into ink and then onto a piece of paper. and certification that pre-assignment training was completed and due diligence Research; analysis; your homework. This term has caught on in all industries, because it sounds so "wired." Who would want to do analysis or research when they can do due diligence. See wired. exercised in verifying the guard's application. Employers must notify the Secretary of State within 15 days if any guard is hired, resigns, retires or is terminated.
Do we really need all these regulations? Why enact so many stringent requirements? The answer is complicated, perhaps as complicated as the new law itself.
A starting point Noun 1. starting point - earliest limiting point
terminus a quo
commencement, get-go, offset, outset, showtime, starting time, beginning, start, kickoff, first - the time at which something is supposed to begin; "they got an early start"; "she knew from the is the accelerating crime rate of the past 30 years, during which violent crime as well as crime against property has risen exponentially ex·po·nen·tial
1. Of or relating to an exponent.
a. Containing, involving, or expressed as an exponent.
b. . Government law enforcement agents can no longer provide protection of property as they once did. People have developed a mind-set that police protection of property is not enough, to the point that private security guards now outnumber out·num·ber
tr.v. out·num·bered, out·num·ber·ing, out·num·bers
To exceed the number of; be more numerous than.
to exceed in number: police by more than two to one.
There are presently more than 100,000 security guards in New York State, a 50 percent increase over the last decade. Because guards were not required to be licensed or registered or to complete any level of training or undergo nationwide criminal history background checks, many undesirable guards were hired, often at minimum wages. Results were often disastrous.
Some buildings hired their own security staff (proprietary services), but others utilized security guard companies (contract services). The latter were all too often fly-by-night setups, with minimum capitalization capitalization n. 1) the act of counting anticipated earnings and expenses as capital assets (property, equipment, fixtures) for accounting purposes. 2) the amount of anticipated net earnings which hypothetically can be used for conversion into capital assets. and no effective hiring standards.
Having a good reputation; honorable.
repu·ta·bil companies, however, created their own regulations, providing special training and using drug tests, credit and motor vehicle checks, even psychological testing psychological testing
Use of tests to measure skill, knowledge, intelligence, capacities, or aptitudes and to make predictions about performance. Best known is the IQ test; other tests include achievement tests—designed to evaluate a student's grade or performance , before hiring guards. These stable, deep-pocket companies had the resources and flexibility to provide good service. They attracted better personnel by paying employee benefits. But they were the exception, not the rule. They cost more, and not everyone was willing to pay for their higher. standards.
Government regulation of private security guards was needed in order to raise hiring standards in the industry. Too many undesirables - sometimes convicted felons - were hired, and a substantial portion of guards were at best ineffective.
How is the new law affecting buildings in New York? It's too early to evaluate the overall effects since there are staggered filing dates extending into 1995 for registering prior employees. But some things are already apparent. Yes, the new law is a costly nuisance, but it does provide benefits, too.
The most obvious effect, of course, is cost. There is no question that the new law has elevated building maintenance costs. Registration fees, training, comprehensive insurance, higher wages - all of these add up. Handling increased paper-work is time-consuming and, therefore, costly.
Another effect has been a shift from proprietary services to contract services. Contract service companies have traditionally provided staff supervision, employee pensions, uniforms, replacement personnel, insurance, and other benefits. Now contract services also provide compliance with the new regulations and handle all the paperwork. Employers who previously hired their own security guards have a strong incentive now to contract out this function.
The beneficial effects of using more qualified, better trained personnel are immediately apparent in some buildings. The security guard is frequently the first person one sees when entering a lobby, so he or she sets the tone and affects the image of the building.
Another benefit is realized by building tenants. Improved security has a positive effect on tenants' employees, who are more willing to work evenings and weekends when they feel that security is tight.
Good security is a tangible service, and a lack of it can be disastrous. Just one incident - one robbery or one assault - will taint taint
an unpleasant odor and flavor in a human foodstuff of animal origin. Caused by the ingestion of the substance, commonly a plant such as Hexham scent, or while in storage, e.g. milk stored with pineapples, or as a result of animal metabolism, e.g. boar taint. a building's reputation for years to come. The better-qualified, better-trained security personnel required by the new law will reduce the incidence of crime and therefore justify the increased costs.
Is the new law a nuisance? Yes, of course. Going from zero regulation to a whole slew of requirements is irritating and costly. But there are also benefits to be realized, which will become more and more apparent over time. Better protection of our lives and property will ultimately be better for us all.