DOL Security Guards and Fire Watch

This issue of utilizing “fire watch” employees has come up previously for licensed Security Guard Companies, where they tried to utilize employees who were not principally employed as security guards, or not yet licenses, which they thought was permissible under RCW 18.170.202(4)(a).

By statute, the requirements of chapter 18.170 RCW regarding Security Guards and licensing, does not apply if: 

18.170.020(4)(a) A person performing crowd management or guest services including, but    not limited to, a person described as a ticket taker, usher, door attendant, parking attendant, crowd monitor, or event staff who:

(i) Does not carry a firearm or other dangerous weapon including, but not limited to, a stun gun, taser, pepper mace, or nightstick;

(ii) Does not wear a uniform or clothing readily identifiable by a member of the public as that worn by a private security officer or law enforcement officer; and

(iii) Does not have as his or her primary responsibility the detainment of persons or placement of persons under arrest.

However, the DOL takes a very different position, which is that if you are a licensed Security Guard Company, then any of your employees conducting fire watch activity must have a valid security guard license, even if fire watch is the employee’s sole job function.  This is DOL’s position despite the plain reading of the statute above that appears to have a carve-out to the contrary.

If you are a Security Guard Company having difficulty getting licensee’s applications through DOL for final licensing, beware of what you might assign them in the meanwhile.  And if you cannot afford to assign them purely administrative tasks, then rethink your approach in hiring unlicensed guards to train them and issue temporary licenses while waiting for their licenses to be issues, even if it is due to DOL’s delay in processing, which has been a historic problem.  

If it is too much for you to track as a principal, hire someone expressly for the position of tracking applications, temporary licenses, and the work the applicant conducts in the meanwhile.  Otherwise, there are serious risks.

February 28, 2019 DOL Letter of Education [not published]

RCW 18.170.020(4)(a)

RCW 18.170.160(1) and (3)

RCW 18.235.010(7)