Hawaii Revised Statutes, §463-10.5 requires that effective July 1, 2013, all guards, and all agents, operatives, and assistants employed by a guard agency, private business entity, or government agency who act in a guard capacity shall apply to register with the Board, and meet the following registration, instruction, and training requirements prior to acting as a guard:
1. Be not less than eighteen (18) years of age;
2. Possess a high school education or its equivalent;*
3. Not be presently suffering from any psychiatric or psychological disorder which is directly related and detrimental to a person's performance in the profession;
4. Not have been convicted in any jurisdiction of a crime which reflects unfavorably on the fitness of the individual to act as a guard, unless the conviction has been annulled or expunged by court order; provided that the individual shall submit to a national criminal history record check as authorized by federal law, including, but not limited to the Private Security Officer Employment Authorization Act of 2004, and specified in the rules of the Board.
5. Successfully complete eight (8) hours of classroom instruction given by a Board approved instructor using a Board approved curricula before the first day of service and pass a written test; and
*6. Four (4) hours of on-the-job training supervised by a person who has completed the requirements of this section or has otherwise been approved by the Board.
(Editor Note: *6. The four-hour on-the-job training is required prior to the first day of work as a guard or in a guard capacity but is not required to register as a guard with the DCCA.)
*Any one of the following can be used to show proof of High School Education or Equivelant
A photocopy of your high school diploma;
A certified transcript of your high school record;
A statement (on official letterhead) from the state's Department of Education attesting to graduation or that the equivalent of a high school education has been completed;
A photocopy of an associate's, bachelor's, master's, or doctorate degree; or
A DD-214 form verifying at least four years of experience in the military, or a notarized statement from your Commanding Officer attesting to your military experience.
If an applicant is unable to submit any of the above, the applicant may submit the following:
A notarized statement from current or former employers attesting to at least four (4) years of work experience requiring the ability to read, comprehend, apply written directions, understand verbal instructions, have a reasonable degree of verbal skill and the ability to write clear factual reports.
Verification of employment as a police officer or firefighter for any of the four (4) counties in this State, for the State of Hawaii, or for the federal government (e.g. a letter from a County Human Resources or Supervisor); or
Verification of employment as a State of Hawaii sheriff (e.g. a letter from a State Department Personnel Officer or Supervisor).
A "guard" and "act/acting in a guard capacity" is defined by job function; not by job title or uniform. The following may help you to understand who is subject to the requirements of Act 208.
"GUARD"(HRS §463-1 Definitions)
"Guard" means a registered uniformed or non-uniformed person responsible for the safekeeping of a client's properties and persons within contractually prescribed boundaries, and for observation and reporting relative to such safekeeping. "Guard" shall not include any active duty federal, state, or county law enforcement officers or personnel.
"Act/Acting in a Guard Capacity"
The Board of Private Detectives and Guards at the April 11, 2013 meeting decided the following:
"Act in a guard capacity" or "acting in a guard capacity" means the performance of safekeeping, observation and reporting functions by a uniformed or non-uniformed employee for the person's employer; provided that:
(1) An employee who performs safekeeping, observation, and reporting functions only incidentally to the employee's primary job functions and responsibilities shall not be considered to be acting in a guard capacity; and
(2) The following are examples of such excluded employees:
(A) A person stationed at the entrance or exit of a retail or commercial establishment whose
function is to verify a customer's membership with and the accuracy of purchases from the
retail or commercial establishment;
(B) A parking lot attendant whose responsibility is limited to control the ingress and egress of the
parking lot, facility, or structure;
(C) A person whose responsibility is limited to performing water safety and rescue services at a
swimming pool, beach, or other body of water;
(D) A person whose responsibility is limited to taking tickets from customers at the entrance or
exit of an entertainment, recreational, commercial, or sporting event; and
(E) A residential or commercial property manager who oversees the property owner's agreement
with a licensed guard agency or oversees the property owner's guard employees for the
provision of guard services to the subject property.
"Safekeeping"means protecting property, assets, or persons through a physical presence to detect and deter illegal actions, inappropriate actions, violations of the property's or premise's rules or code of conduct, or unsafe conditions; including but not limited to theft, damage, harm, or risk of injury to such persons or property, as applicable.
"Physical presence" means maintaining a post (e.g. a stationary guard, bouncer, etc.) or patrolling the premises (e.g. physically responding to alarms or incidents on the property, etc.)
WHAT DOES THIS MEAN?
This means that regardless of job title or what a person wears, a person may be a guard by definition. For example, changing a job title from "Bouncer" to "Host" or "Doorman" does not change the fact that the person is still "acting in a guard capacity" and must meet requirements and register with the Board of Private Detectives and Guards. Likewise; Retail Security, Loss Prevention Agents, School Security/Safety Officers, Alarm Response persons, Property Managers who perform "safekeeping", Parking Attendents who patrol and protect their premises and others whose primary duty includes safekeeping responsibility, regardless of job title, are by definition guards.
Where there is a question if a person's job function is that of a guard or not, we recommend contacting the Board of Private Detectives and Guards (808-586-2705) and ask for an official determination by the Board.
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