State-level security regulation increasing

Mar 1, 1999 12:00 PM, CHRISTOPHER A. HERTIG,CPP, CPO

As states set standards for guard services, security industry interests are often overlooked.The security industry is still largely unregulated in many respects. But the amount of state-level legislation passed to mandate certain standards and practices has increased steadily. Some cities and counties have also passed regulations. In fact, the idea of cities regulating the industry may well spread, as cities have a vested interest in ensuring a crime-free, tourist-friendly environment.There are, however, several major problems with government regulations:- The regulations are usually minimal. In some cases, standards are so low that the imposition of them is more of an inconvenience to the security industry than a substantial aid to professionalism.- Licensing may be controlled by law enforcement interest groups. In some cases the "old boy network" is so heavily entrenched that it is impenetrable. This creates regulations that are irrelevant to the needs of the industry, overburdens law enforcement organizations in some cases and stifles progress by security professionals who want to "raise the bar" of professionalism.- Regulations only cover a portion of the industry, generally contract security service firms, armed personnel and private investigators. Vast sectors of the industry go unregulated.- Enforcement is difficult and often performed by an understaffed agency. This can be alleviated, however, with the enactment of administrative penalties that can be levied by a licensing entity. Such penalties can easily finance enforcement. An additional tool is the security industry itself. Industry groups can collect evidence of non-compliance and provide this to regulators.All told, regulation will probably grow due to the following:- The ability to raise revenue through the imposition of fees for licensing of occupational groups. There can be initial fees for screening officers; training recertification fees for armed and unarmed officers; instructor certification fees; licensing fees for investigators, principals of contract firms, locksmiths, personal protection specialists and repossession specialists. State legislators who see these potential income streams are inclined to enact new regulation.- The ease of regulating the contract service industry, which has relatively little lobbying clout. When extensive training mandates are proposed, large corporations with proprietary protection forces lobby against them. These corporate entities have a strong voice, whereas security service firms generally do not. While this may change, the fact remains that there is a tradition of regulating contractors at the state and provincial level. Cities could also enter the picture by passing ordinances for licensing fees.

- Federal legislation. There have been various proposals launched to date. None has passed. Dilution of earlier efforts seems to be common in later legislation in hopes of getting it through. Some of these legislative proposals require screening or training. Some proposals have no training mandates but establish a state entity to clear fingerprints through the NCIC. Such legislation gives extensive authority to a state agency. In this situation, it is easy for states to develop all manner of regulations.- Public pressure. The role that security forces play in North America is heavily oriented toward protection of the public. Individuals who fall prey to criminal attack or accidental injury are probably going to deal with private protection officers rather than police. News media portrayals of unprofessional conduct by private protection officers gain wide dissemination. We are probably only one or two CNN stories away from laws at the federal level that regulate private security.

Focusing on integrating security equipment and technology with the human element - private security officers - to maximize security system effectiveness, the column addresses the roles security officers play in today's systems.

5 action tips: Take initiative on legislative matters

- Stay connected. Be involved in professional organizations such as the American Society for Industrial Security (ASIS) and the National Association of Security Companies (NASCO). Find ASIS on the Internet at www.asisonline.org and NASCO at nascoorg@memphisonline.com.- Be informed. Stay on top of legislative developments. Many local ASIS chapters have legislative liaisons who keep tabs on upcoming developments. Another source of information is the National Association of Security and Investigative Regulators (NASIR - www.nasir.org). NASIR is a professional organization comprising individuals in the United States and Canada who are charged with developing and maintaining regulations.- Contribute. Make your concerns known to legislators and regulatory bodies. In many cases the legislators accept industry input with open arms. If they do not, be ready to voice your views more emphatically. Consider reinforcing these efforts with a media relations campaign.- Be ready to mobilize. Have an administrative structure in place that can adjust to any new requirements. Increased legislation will make winners out of some entities and losers out of others.- Stay socialized. Keep your organization receptive to new legal changes. Resistive behavior - even if warranted in the face of oppressive bureaucratic bungling - helps nothing. Such resistance may also be seen negatively by the media and the public.In the final analysis, increased regulation will probably be a positive step toward professional status for the security industry, but there will undoubtedly be some bumps in the road.

The author of this month's column, Michael A. Stugrin, CPP, is corporate vice president of strategic planning and marketing for Pinkerton. He has a Ph.D. in English from Pennsylvania State University. His background includes many years in the computer industry.

The author of this month's column, Christopher A. Hertig, teaches courses in asset protection and investigation in the Behaviorial Sciences Department of York College of Pennsylvania, York, Pa. He serves as director of education for the Professional Security Television Network (PSTN) and director of accreditation for the International Foundation for Protection Officers. Hertig writes a monthly column on security titled "A Few Words" for the PSTN Web site, www.pstn.pwpl.com. This article was adapted from Hertig's Web site column, which discusses professional security training and education issues.

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