Current through Register Vol. 46, No. 39, September 25, 2024
(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.
