Current through Register Vol. 46, No. 12, March 20, 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.
