Security Manager Legal Checklist

 

 

It is a well known fact that security managers are not always in sync with their legal advisors (if their organization provides them access to any) on many key issues.

The following checklist addresses key legal issues relevant to most security managers and can therefore serve as a starting point in accessing compliance with the law.

 

 

a. Property Laws

 

1. Where do your facility’s property lines pass? If you are required to remove a trespasser or file a complaint for trespassing, you need to be certain when that person is on private property and when they are on public property.

 

2. Rental agreements – if you are renting from another entity or have tenants renting office space from you, you need to know what your obligations and restrictions are under those agreements as in certain cases your agreement may require you to provide security for your tenants or stop you from preventing someone to come on to your property, for example.

 

 

b. Threat Analysis

 

1. Security survey - Have you completed a periodic security survey? You may be considered negligent if you have not done so.

 

2. Have you put in place a security plan aimed towards the threats which have been indicated in your security survey? If not, you may be considered negligent.

 

3. What are the ten security risks that you will likely encounter in the next 12 months based on past events in your facility and similar facilities, the current security situation and evolving threats? If you have not identified these or have not prepared to deal with them, you may be considered negligent.

 

 

c. Security Policy

 

1. Security Policy & Guidelines – have you set written security guidelines for your staff?

 

2. Have you had the organization’s legal advisor review your security policy for potential infractions and liability issues? Doing this will minimize your legal exposure and place you in a better legal situation even if it turns out your legal advisor missed something.

 

 

d. Police

 

How does the local police perceive your duties? If you act outside your local police department’s ‘comfort zone’ you may at the very least be arrested in spite of the legal advice you may have been given. It may, therefore, be a good idea to get a grasp of police perception beforehand.

 

 

 

e. Security Company

 

If you employ a security company make sure you are familiar with the mutual contractual obligations to avoid liability.

 

 

 

f. Certification, Training & Equipment

 

1. Are security personnel trained to the level set by your jurisdiction or at a level allowing reasonable ability to deal with identifiable threats?

 

2. Does the equipment provided to security personnel meet industry standards and is (preferably) compatible with what local law enforcement uses?

 

 

 

g. Insurance

 

1. Does your insurance specifically cover liability accrued while performing security tasks?

 

2. What are the terms which need to be met for the insurance to apply including training and certification?

 

3. Does your insurance cover actions which are deemed unlawful? This could be important if your ‘citizen’s arrest’ turns out to be ‘false imprisonment’ and you now face civil action.

 

 

h. Privacy
 

Are you familiar and compliant with privacy and wiretapping laws (call recording, CCTV use, biometric entry systems, LPR systems, etc)?
 

 

 

i. Employees/Visitors

 

1. Are new employees given a security briefing covering relevant threats and expected behavior?

 

2. Is there a security plan addressing the well being of visitors (evacuation, shelter in place, etc.)? Is this plan regularly rehearsed and updated?

 

 

 

j. Safety

 

If you are not in charge of safety, what is your interface with the field of safety? Many security departments have safety related functions but are not always trained or certified to this extent.

 

 

k. Oversight and Accountability

 

1. Does your security program include oversight?

 

2. What actions are taken to remedy discrepancies and how are complaints dealt with?

 

 

Further information may be obtained by contacting our office at the abovementioned contact information.