Over the years we’ve noted several common misconceptions that businesses and individuals have about Security and Security Consulting and we’d like to discuss just a very few of those with you as examples of pitfalls to be avoided.
The following is a discussion of generalities and not of the specifics of any businesses’ or individual’s situation. This is not legal or other advice on which you should base decisions, but is meant to assist you in having a more meaningful discussion with the Attorney, CPA, Security Consultant, or other professional of your own choosing.
The Law’s Simple, Everyone Knows the Law:
One should always consult a competent Attorney licensed in their state and with whom they’ve entered into an Attorney/Client relationship.
You should also remember that not all Attorneys are qualified to give advice on all issues. One may want to discuss with their historical Attorney whether they should discuss a certain issue with an Attorney that specializes in the type of concern they have. For example, a general business practice Attorney may be able to answer a lot of questions on employment related law, but some more complex questions may require an Attorney that specializes in employment law. The law is very complex today and it often varies from state to state, as well as, changing rapidly due to court decisions.
Knowing what the law is in your state as to such things as premises liability, employee investigations, etc. leads to better business and personal decisions.
One thing is pretty well for sure though -- for legal advice don’t go listen to an unlicensed friend or business associate, an internet discussion board, a free legal adviser on the internet, etc., go to a competent Attorney. Remember the old Pennzoil ad of “Pay me now or pay me later”? Often spending some money upfront getting good advice will save you a whole lot more money down the road.
We’re Better Off Not Knowing:
For some reason, often times bad founded legal advice, myth, or unfounded source, businesses and individuals believe that if they bury their head in the sand it won’t happen to them or that they will be able to claim ignorance in Court. Later they often find that not knowing the facts has led to harm or greater harm to their business or their loved ones.
Well founded business and personal decisions simply cannot be intelligently made without complete, accurate and unbiased facts. Plus, when you know the facts, you feel more confident in what you are undertaking.
At RisKontroL our experience has shown that having a discussion with a Security Management professional can assist you in a number of ways from reducing your insurance costs, to keeping morale high at your business, to keeping your company from having bad publicity, to reducing your legal costs, to improving your corporate image in the community, to laying the foundation for stronger defenses in claims and lawsuits, and so much more.
It’s important to know what crime or terrorist related loss causing events may affect your business or family; what the present status of your countermeasures are; how can your security posture be improved in a cost effective manner; how your business can be protected; or in the event of a loss causing event then to reduce the operational and financial impact that it has on you, etc.
As a businessperson or an executive or a professional you need to, and most likely if you’re successful, want to know where your company’s finances are on at least a daily basis, what the trends in your industry are, what your competitors are doing, maybe even what the weather is going to be, etc. Why do you want to know these facts - so you can make better business decisions. You also need to know where you stand from a security standpoint and/or a proper fact gathering (investigations) in order to make better business and personal decisions. In today’s world the ostrich that buries his head in the sand and can’t see what’s going on around him, ends up being a pair of boots. The business or individual who doesn’t know their security or fact posture often ends up suffering either avoidable financial or personal loss.
I Have Insurance To Cover That:
Insurance is, after all, a form of risk financing by transferring the risk to another party who is willing to take the chance of a covered loss event occurring and the resulting financial impact of the loss for a fee.
Let’s break that down some:
1) Someone willing to take the risk -- today you may have insurance with a well known and highly rated company with a record of fair claims handling; but if you have persistent or high value losses how long do you think that the well known and highly rated company will continue to want to do business with you? You want an insurance company that will be around, if and when you call upon them to handle and pay a claim; and you want one that will handle the claim in a manner that doesn’t damage your business or personal reputation for being fair and a good citizen. You have to work at being an attractive insured or else you will eventually end up with “Shifting Sands Mutual”, that theoretical insurance company that only does one thing - collect your premiums.
2) Someone willing to take the chance of a covered loss event occurring -- all insurance policies are not alike -- some exclude a number of things from coverage and some impose stringent conditions which the insured must meet in order for the coverage to be in effect -- again, you want to be attractive to a well known and highly rated company -- not our old friend “Shifting Sands Mutual”.
and
3) Someone willing to take the risk of a loss for a fee -- Most insurance companies today set the premium rate that you will pay based on several factors including your geographical area’s loss history (for certain coverages), your industry’s loss history and your own loss history with your own loss history being one of the most important. Again, you want to be attractive so that you get a good rate and that rate is earned by your being proactive.
Also you have to consider that insurance doesn’t normally cover a number of things that have a negative effect upon your business or your family, such as damage to your reputation, bad publicity, loss of morale by your customers or employees, etc. Only you can work to avoid or reduce those damages.
Yes, today you may have insurance to cover crime or terrorist related claims, lawsuits or economic losses, but will you have good insurance at your next renewal if you suffer losses and if so, at what cost.
There is one thing you sure don’t want to hear from your insurance agent “I’m sorry, but we’ve run out of insurance companies willing to take a bath on you” -- sorry to say that this is an actual quote to an insured we know who believed that they didn’t need to be proactive and try to prevent or reduce the impact of losses.
As To CCTV and Other Technologies:
CCTV systems or any other security technology is merely a tool that expands the reach of our senses and helps us organize and recognize information. CCTV can help us watch a number of places all at once; it can help us see in the dark; it can help us be in places that are difficult to observe due to location, weather conditions, hazardous operations, etc., but a human must still see the event, analyze the event and in most cases, dispatch other humans to deal with it. Other technologies can alert us to intrusions, to changes from normal conditions, allow only those with authorized access media to enter or leave an area, keep records of who comes and goes, etc., but again, they are only a tool to assist humans, not something to totally replace them.
A couple of the more common misconceptions concerning CCTV and Technology include:
1) CCTV Deters Crime.
In fact:
Studies have shown that CCTV that is not monitored 24/7/365 by a dispatch center does not have a significant impact on criminal activity -- you have to have someone that sees the act as it is occurring and sends someone to investigate and/or assist in a timely manner. The bad folks will test you to see if you have this capability.
Most people may think that if they were on CCTV they wouldn’t do this or that, because they are probably at least being recorded; but then again, most people are honest persons - criminals don’t think like honest people do!
2) Even Fake CCTV Cams Are Effective.
In fact:
Many courts in the United States have found fake CCTV cams to create a false sense of security and have allowed a cause of action for civil liability to develop for use of fake CCTV cams.
3) Almost All Security Issues Can Be Resolved With More Technology.
In fact:
Technology is just a tool to aid humans in carrying out their duties. Like a hammer, technology does nothing if it is not properly utilized by a human being. Even with the most sophisticated technology, it still takes a human to program it, monitor it and respond to the information provided by the technology,
For technology to be of benefit, everyone utilizing the technology, such as the tenant using an access control system after hours via an access card, must still strictly follow procedures for the technology to be effective. For example, if an authorized access control card holder uses their card to unlock a door after hours but politely holds the door open for someone they don’t know to enter or sees them enter before the door relocks and doesn’t challenge them, then the people who the technology was designed to protect has, by their personal failure to follow practice good security practices, just defeated the technology’s advantage.
Another example is an alarm sensor that detects an intrusion and sends the alert -- however, if someone doesn’t timely respond the criminal will soon learn this and stay around long enough to commit their crime anyway.
People, assisted by technology, are what makes a facility safe and secure -- not hundreds of thousands of dollars of technology standing alone.
The backbone of a good security program is Policy & Procedures, not technology.
As To Security Guards / Security Officers (One and the Same):
1) Myth: Hire Security and Let Them Go About Their Business:
In fact:
At RisKontroL, a reoccurring problem we see is that many businesses, that don’t have a competent in-house Security Manager, and that are utilizing Security Guards simply have very little knowledge of how the Security Guard functions will be carried out. Each organization employing either proprietary Security Guards or contracting with a Security Services Contractor (Guard Service Company) should sit down with their Attorneys, their own independent Security Consultants and with their Security Services Contractor or Head of their own proprietary guards and reach a clear understanding and agreement, which should be reduced to writing, as to exactly how the Security Guards will handle various situations so that all parties know exactly what they can and can’t expect. You just can’t turn them loose and expect them to perform as you desire. You also can’t effectively judge performance if you don’t have agreed upon metrics to measure them against.
2) Myth: Security Guards Have Law Enforcement Powers, Skills and Training (i.e., they are authorized to and will detain suspects; they are authorized to and will enforce criminal laws; they are authorized to and will use the same force that law enforcement officers are authorized to use and do use in carrying out their duties; they are well trained, etc.);
In fact:
Security Guards are not law enforcement officers nor do they possess any of the powers or authority of law enforcement officers, including, but not limited to: powers of arrest, powers to detain, powers to conduct searches and/or seizures, the powers to carry firearms (unless specially commissioned), etc. Note: In at least one state there is a trend to give highly restricted law enforcement like powers to specially trained and certified Security Guards, however, this is certainly not the norm.
Security Guards, when exercising force, are usually governed by the exact same laws as any other plain old citizen of the State, no more, no less -- except, in some states an assault on a Security Guard is punishable at a higher level than for assault on a person who is not a Security Guard or Law Enforcement Officer.
A Security Guard in many states is only required to and generally only receives somewhere around 6 to 8 hours of training, most of which is often on what they can’t do, the Bureau’s rules and regulations, and report writing. It is also not the norm to train a Security Guard in even the basics of self-defense. A few companies do train their personnel in how to attempt to talk a person into compliance and how to tactfully withdraw without just plain running away.
3) Security Guards are Professionals.
In fact:
For example, the average Security Guard in Texas is typically paid about $ 7.00 per hour with no benefits. Some are paid better and have benefits but you, the business, pay a quite a bit higher rate for these folks.
The Security Industry has tried to make this low paid position more tolerable and professional looking by calling them Security Officers, by improving the looks of their uniforms, etc. but in the end their sole job is to “Observe and Report”. Very rarely are they encouraged or permitted to take any other action.
When you get right down to the heart of the matter, however, as a general rule, they are in essence simply the old “watchman” of yesteryear.
4) Myth: Security Guards are obligated to and will risk their life and limb to protect the property and persons under their care.
In fact:
Security Guards are typically instructed by their employers not to attempt to break up fights, detain an individual even if caught stealing, attempt to break up or stop an assault or other crime, etc. The liability risk is just too great.
They normally don’t have any immunity from prosecution for assault, battery, or false arrest in either criminal or civil proceedings. The mere unwanted touching of a person may result in a civil judgment for assault or battery against them (personally), their employer (the Guard Company, or in the instance of proprietary guards then the business itself) and the business entity that contracted with the Guard Company.
In many states, for example in Texas, Security Guards can lose their ability to be employed as a Security Guard if they engage in any manner of violence and will be immediately suspended from working by the Texas Department of Public Safety’s Private Security Bureau.
There are literally dozens of other common misconceptions about Security just waiting to take advantage of the unwary. That’s why a competent Security Consultant, such as RisKontroL, who is independent of any security vendor, can assist you and your business in understanding how to achieve reasonable and practical security in a cost effective manner while avoiding the pitfalls. |