N.Y. Comp. Codes R. & Regs. tit. 21 § 5.19

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

Section 5.19 - Standards of conduct

(a) Any license or temporary permit issued to a port watchman may be revoked or suspended for such periods as the commission deems in the public interest, or the licensee reprimanded for any act or conduct in violation of the act or these regulations. Every port watchman is responsible for and subject to these rules and any breach of these rules may result in revocation or suspension of any temporary permit or license.

(b) Among other things, failure by a port watchman to adhere to the following standards of conduct, and any terms or conditions of his license or temporary permit, will be considered by the commission in determining whether the license or temporary permit should be revoked or suspended. Every port watchman shall:

General Requirements

(1) have in his possession at all times while on duty his license or temporary permit;

(2) wear his Waterfront Commission uniform as required by these regulations; and only in the performance of his duties as a port watchman;

(3) wear a cap or safety helmet as required by these regulations;

(4) before completing his tour of duty, submit to his immediate superior a detailed written report of any theft or attempted theft of cargo or suspicious activity which comes to his attention during such tour;

(5) remain at his assigned post, except when his duties as a port watchman require otherwise or unless otherwise authorized by his supervisor;

(6) be in a sober condition and refrain from consuming any intoxicating beverage while on duty;

(7) remain awake while on duty;

(8) refrain from smoking or carrying lighted cigarettes, cigars or pipes in prohibited areas;

(9) while on duty, comply with any special requirements of his license or temporary permit, to meet the physical fitness standards of section 5.6 of this Part;

(10) while assigned to guard an entrance or exit to any pier or waterfront terminal, check and collect gate passes from all trucks leaving the pier or terminal where gate passes are issued on such pier or terminal;

(11) while assigned to guard an entrance or exit to any pier or waterfront terminal, examine any motor vehicle and its contents where there is reasonable ground to believe that such motor vehicle is carrying merchandise from the pier or terminal without authority;

(12) perform the duties assigned to him in a diligent, conscientious and careful manner;

(13) keep and maintain his memorandum book as required by these regulations;

(14) know the location and operation of fire alarms and fire fighting equipment, the location of emergency exits, telephones, first aid stations, information booth, key stations, the names and telephone numbers of police, fire department, hospital and ambulance services;

(15) report any on-the-job injuries immediately;

(16) record all security violations and safety hazards observed in their memorandum book, the Waterfront Commission log books or an other designated Waterfront Commission report forms;

(17) be at their post ready to commence their duties at the scheduled time; a security officer is not required to arrive earlier, and should not arrive later, but should arrive at the scheduled time;

(18) not accept relief by another security officer who is unfit to assume the post by reasons of intoxication, breath smelling of liquor, illness or other condition which might prevent him from performing the required duties. If while on duty a security officer's relief arrives in what appears to be an intoxicated condition, the security officer must contact his supervisor and explain the situation. The security officer on duty must make the necessary notifications and request assistance to insure that after the intoxicated employee is denied access to the post that he does not endanger himself or the general public;

(19) while on duty, stay on the shift until properly relieved or excused, and security officers must not remain at their post once relieved unless requested by a supervisor or company representative;

(20) refrain from the use of profane, indecent or abusive language or gestures;

(21) refrain from acting in a rude or boisterous manner;

(22) not ask for or receive any tips or other gratuities;

(23) not discuss information of any kind concerning his duty assignment with anyone except his relief, supervisor or recognized company representative or representatives of the Waterfront Commission;

(24) not bring to or use on post, newspapers, magazines, radio, recorder/playback device, or a television set; unless otherwise authorized by the employer;

(25) not loiter or lie down while on duty;

(26) not prepare, initiate or submit false reports;

(27) not use any company-owned equipment without having obtained prior approval nor permit any other unauthorized person to do so;

(28) not loan facility keys, which are entrusted to his care, to any person not authorized by the company to possess them;

(29) not permit himself to be visited by friends, acquaintances, or relatives while on duty;

(30) not steal or engage in any form of theft or pilferage;

(31) not cause destruction to or loss of company or facility property;

(32) not gamble on duty;

(33) not report to work under the influence of alcohol or drugs;

(34) not possess or use alcohol or drugs while on duty;

(35) not engage in immoral or indecent behavior;

(36) not carry a weapon while on duty unless authorized;

(37) not misuse the badge, uniform or identification;

Obey Laws

(38) set an example by obeying all employer's rules and policies, Rules and Regulations of the Waterfront Commission, as well as the laws of the United States, State, county, city or municipality;

(39) in the case of a serious unlawful incident (i.e., assault, breaking and entering, larceny, etc.) it may be necessary for an arrest warrant to be obtained against the individual or individuals from the appropriate jurisdiction. NO PORT WATCHMAN will obtain or sign such an arrest warrant. (It is the security officer's responsibility to immediately notify the company or the police authorities, and his/her immediate supervisor of such incident.) It is the responsibility of the COMPANY'S MANAGEMENT STAFF TO OBTAIN AN ARREST WARRANT. Security officers will provide all information of which they are aware relating to the incident to the Waterfront Commission. The information provided shall be factual in order for the company to make the proper decision concerning an arrest warrant;

Appearance

(40) when in uniform, be neat and clean in appearance, and when on duty, the security officer shall wear the complete uniform as prescribed by the Waterfront Commission. Proper neatness and cleanliness in appearance means that:

(i) leather and brass will be polished;

(ii) shoes will be shined;

(iii) hair will be neatly cut and combed and hair should be worn so as to prevent it from standing out when the cap or hat is worn, or extending below the top of shirt or jacket collar; reasonable accommodation on the basis of religious beliefs or for substantiated medical reasons will be considered on a case-by-case basis. Exceptions for medically approved dermatological reasons require a statement from a physician. Management may periodically request certification that the medial condition still exists;

(iv) the uniform will be pressed. It may be cleaned by washing or dry cleaning, depending on employee preference;

(v) the uniform hat or cap will be worn squarely on the head;

(vi) the belt will be worn through the belt loops of the uniform trousers; and

(vii) no insignia, emblems, buttons, or items other than those issued or authorized by Waterfront Commission will be worn on or with the uniform;

Courtesy

(41) act courteously to all persons he encounters; the security officer usually is the first contact that a visitor has with a company, the manner in which the security officer greets the visitor, answers questions and provides necessary directions or guidance creates the important first impression; and

The Uniform

(42) only wear Waterfront Commission approved uniforms except when, upon request of an employer, the commission authorizes differently. The uniform is the basic item of the security officer. It should be worn with dignity and pride. The uniform identifies the security officer as a figure of authority.

(i) The security officer's uniform consists of:

(a) shirts - blue (navy) or white - long and short sleeve;

(b) winter jacket - orange with high-visibility;

(c) windbreaker - orange with high-visibility;

(d) vest - blue (navy) with green florescent outline;

(e) pants/trousers - blue (navy);

(f) hat - baseball cap blue (navy) with Waterfront Commission patch;

(g) watch hat - wool - blue (navy) - to be worn for outside duty in cool or cold climates;

(h) belt - black and must be worn within the belt loops of the uniform trousers;

(i) boots or shoes - black;

(j) flashlight, standard maglight;

(k) badge - only the Waterfront Commission badge which must be worn on the outmost garment; and

(l) non-issue items: socks - black solid color socks will be worn with the uniform. If a person, because of a foot problem, must wear white socks, they will obtain those with white feet and dark tops; and

(m) with the approval of the commission, where deemed appropriated, a blue (dark) jump suit may be worn. Such a jump suit must be worn in conjunction with a safety vest.

(ii) The uniform shall not be worn, complete or in part, while off duty except as necessary to commute to and from the assigned place of duty.

N.Y. Comp. Codes R. & Regs. Tit. 21 § 5.19