N.Y. Comp. Codes R. & Regs. tit. 21 § 5.1

Current through Register Vol. 46, No. 50, December 11, 2024

Section 5.1 - Port watchman defined

(a) A port watchman shall mean any person employed directly or indirectly, by contract or other arrangement, by the operator of pier or other waterfront terminal, or by a carrier of freight by water, to perform services as a guardian or protector of property on any pier or other waterfront terminal. Port watchmen shall be classified and designated as follows (any referenced to port watchman is these regulations is deemed to include all three classifications and designations set forth below):

(1) Security officer. A watchman, roundsman, gateman, guard, security officer, inland security officer, or any person performing similar services. For purposes of this Part, an inland security officer is a guardian or protector of property at any warehouse, depot or other terminal, other than a pier, whether enclosed or open, which is located in a marine terminal in the Port of New York District and any part of which is used by any person to perform labor or services involving, or incidental to, the movement of waterborne freight or freight. Inland security officer shall also include, individuals employed as canine handlers at any pier, warehouse, depot or other terminal, whether enclosed or open, at which passengers embark or disembark from vessels and/or at which baggage is handled or sorted, this includes, but is not limited to, those terminals currently located in the Port of New York District which are designated as passenger ship terminals. Individuals licensed as inland security officers are limited to employment by their sponsoring employer.

(2) Supervisory security officer. A security officer, supervisor, dispatcher or any other person, a substantial part of whose services, performed at piers or other waterfront terminals, includes the supervision, selection or assignment of security officers engaged in the protection of property on any pier or other waterfront terminal.

(3) Management security officer. An officer, manager, supervisor, dispatcher or any other person, whose services performed at piers or other waterfront terminals is to supervise, select or assign security officers or supervisory security officers engaged in the protection of property on any pier or other waterfront terminal and/or an individual who performs the duties of a facilities security officer (FSO) in accordance with the requirements of the Maritime Transportation Security Act of 2002 and related United States Coast Guard regulations. A management security officer shall not be a member of a labor organization which represents longshoremen, checkers, or port watchmen; however, this shall not be deemed to prohibit management security officers from being represented by a labor organization which does not also represent longshoremen, checkers, or port watchmen. Individuals licensed as management security officers are limited to employment by the sponsoring employer.

(b) Persons employed exclusively as protectors or guardians of persons (as distinguished from property) or exclusively in the protection or guarding of ships or vessels not included in the definition of carrier of freight by water, or cargo not included in the definition of waterborne freight, or for work on a pier or waterfront terminal not used for waterborne freight, shall not be deemed to be a port watchman and shall not be required to obtain a license from the commission.

N.Y. Comp. Codes R. & Regs. Tit. 21 § 5.1