| Action | Comprehensive Review Private Security Services Regulations |
| Stage | Proposed |
| Comment Period | Ended on 10/24/2012 |
 |
I write today on behalf of Explosive Countermeasures International, Inc (ECI), in regards to the pending regulations 6 VAC20 171 10. ECI was established in 1989 with a charter to prevent bomb attacks. With this goal, ECI has provided a full spectrum of services to public and private clientele in the facility and security management fields, including Explosive Detection Canine Team Services (EDCT). ECI assists clients with bomb incident management and searches (including explosive detection dog services), development of planning, assessment, training, employee awareness, facility hardness and equipment resources to maximize incident prevention and response capabilities.
We take what we do very seriously. Terrorist methods and materials are ever changing. As an expert in the Explosive Countermeasures field, ECI stays ahead of the curve. ECI maintains membership in Professional Organizations dealing with Security Management and the use and misuse of Explosives.
ECI received Safety Act Certification and Designation in October of 2009, as a qualified anti-terrorism technology for its explosive detection canine services. Most of our upper management is certified in Homeland Security at Level V.
ECI trainers consist of former military working dog handlers with successful completion of the DoD canine supervisors course qualifying them as MWD canine trainers with a minimum of ten (10) years experience in the canine detection field. The average experience level of ECI canine trainers is 20 years.
As an explosive detection company, ECI maintains explosive magazines and training aids for proficiency training and certification. Industry standards dictate, that actual explosives be utilized for training and certifications. However, it is becoming more common due the high cost of explosives for companies to use simulations. ECI does not take short cuts and although we find some simulations acceptable for training at sites that do not permit storage of explosive training aids, require training on a consistent and continual basis on actual “Live” explosives aids. ECOI certifies and validates on actual explosives and not simulations.
ECI employs Explosive Ordnance Disposal Technician(s), OSHA certified and licensed by the Virginia Department of Criminal Justice as an instructor. Our Explosive Safety Director/trainer is a Virginia Emergency Medical Technician and a Certified Environmental Trainer (occupational safety & health). With forty-nine years in the field, he provides most of the explosive, hazardous material, weapons of mass destruction and OSHA compliance training for ECI. ECI’s Explosive Safety Director holds a West Virginia and Virginia Blasters Permit.
ECI is a serious, professional countermeasures firm that specializes in preventing the misuse of explosives.
ECI has been a proponent of regulating the Explosive Detection Canine field over the years. Currently no organization is responsible for licensing certifying or testing the capabilities of Explosive Detection canine Teams/companies. However guidelines for the training and testing have been developed by SWGDOG (Scientific Working Group on Dog and Orthogonal Detector).
Currently and historically, Explosive Detection Canine teams are employed by and for the Government as well as Overseas Government Agencies. Private companies have not historically utilized the services of Explosive Detection Canine Teams. Other then cruise lines, and a few Government Contractor Companies, there is just not a lot of private contracts for EDD services.
I write to you today with concerns about 6 VAC 20 171 10.
My first concern is with its enforcement prior to being signed into law.
My second is that as written we will find it difficult to comply with. My concern is serious in that as written, an individual that attends a 160 course can be a canine evaluator, yet, ECI has no one that meets the requirements as a handler let alone an evaluator for DCJS. We employ prior Department of Defense (DOD) Military Working Dog (MWD) program handlers and kennel masters. Individuals with over 20 years experience in the handling and training of Explosive Detection Canines, yet none meet the requirements under this code as handlers nor evaluators.
ECI has had its teams tested, evaluated, certified by numerous government agencies including an almost impossible to pass certification by DoD. Yet, our 20 to 30 years experience, prior Kennel Masters do not qualify as certifiers in compliance with the proposed regulations.
I ask you please consider the following amendments to the regulation prior to signing it into law.
6VAC20-171-115. Initial detector canine handler examiner certification.
4. Have an active certification as a detector canine handler examiner or equivalent credential from a department approved national organization, unit of the United States military, or other formal entity; or be sponsored by a certified DCJS private security services detector canine handler examiner;
There is no national organization that certifies contract canine companies, let alone, certifying officials. The closest organization would be the Police Canine Association and their bylaws require members to be retired law enforcement. This requirement in essence required that we obtain certification that does not exist. A provision for formerly qualified persons needs to be included. By deleting the word active, we believe prior certification as a trainer would be acceptable and evidence of which would be reflected on the individuals DD214.
We also strongly object to the phrasing included of: 4. “or be sponsored by a certified DCJS private security services detector canine handler examiner”. This verbiage serves no purpose other then to invalidate the first part of the provision.
I propose alternate language:
4. Have received a verifiable certification as a detector canine handler examiner or equivalent credential from a department approved national organization, unit of the United States military, or other formal entity.
5. Successfully pass a written examination and performance evaluations according to department guidelines;
No provisions have been proposed as to performance evaluations. How will the department assess the performance of an evaluator? No provisions have been proposed as to who would be qualified to evaluate performance. Where will DCJS obtain a qualified evaluator to evaluate the evaluator? How exactly with the evaluation of an evaluator be conducted?
6VAC20-171-350. Entry level training.
A. Each person employed by a private security services business or applying to the department for registration as an unarmed security officer, armed security officer/courier, personal protection specialist, armored car personnel, security canine handler, explosives detector canine handler, narcotics detector canine handler, private investigator, alarm respondent, locksmith, central station dispatcher, electronic security sales representative, electronic security technician, or electronic security technician's assistant as defined by § 9.1-138 of the Code of Virginia, or for certification as a compliance agent as required by § 9.1-139 of the Code of Virginia, who has not met the compulsory minimum training standards prior to July 13, 1994, must meet the compulsory minimum training standards herein established, unless provided for otherwise in accordance with this chapter.
B. Training will be credited only if application for registration or certification is submitted to received by the department within 12 months of completion of training.
Although ECI handlers, trainers and evaluators certifying authorities, have attended a 11 week Department of Defense (DOD) Military Working Dog (MWD) handler course, a DOD MWD trainers/kennel masters/ supervisors course is an additional 4 week course. The following training excludes as acceptable the MWD program training.
“B. Training will be credited only if application for registration or certification is submitted to received by the department within 12 months of completion of training”
Prior military training will not be accepted by the department. ECI minimum standards for prior experience is 3 years prior military experience. That would put a minimum of 36 months from training before eligible to work for ECI.
Please delete “6VAC20-171-350. Entry level training. B. Training will be credited only if application for registration or certification is submitted to received by the department within 12 months of completion of training”
6VAC20-171-445. Training exemptions.
Persons who meet the statutory requirements as set forth in § 9.1-141 of the Code of Virginia may apply for a partial exemption from the compulsory training standards. Individuals requesting such partial exemption shall file an application furnished by the department and include the applicable, nonrefundable application fee. The department may issue such partial exemption on the basis of individual qualifications as supported by required documentation. Those applying for and receiving exemptions must comply with all regulations promulgated by the board. Each person receiving a partial exemption must apply to the department for registration within 12 months from the date of issuance; otherwise the partial exemption shall become null and void.
We have been advised by DCJS (verbally by phone) that a partial waiver will not be granted since Military Training was over 12 months prior to our submission for licensing/registration/certification. The 12 month limit is supersedes and invalidates 9.1-141;
9.1-141. Powers of Board relating to private security services business.
A. The Board may adopt regulations in accordance with the Administrative Process Act (§ 2.2-4000 et seq.), establishing compulsory minimum, entry-level, in-service, and advanced training standards for persons employed by private security services businesses in classifications defined in § 9.1-138. The regulations may include provisions delegating to the Board's staff the right to inspect the facilities and programs of persons conducting training to ensure compliance with the law and Board regulations. In establishing compulsory training standards for each of the classifications defined in § 9.1-138, the Board shall be guided by the policy of this section to secure the public safety and welfare against incompetent or unqualified persons engaging in the activities regulated by this section and Article 4 (§ 9.1-138 et seq.) of this chapter. The regulations may provide for partial exemption from such compulsory, entry-level training for persons having previous employment as law-enforcement officers for a local, state or the federal government, to include units of the United States Armed Forces, or for persons employed in classifications defined in § 9.1-138. However, no such exemption shall be granted to persons having less than five continuous years of such employment, nor shall an exemption be provided for any person whose employment as a law-enforcement officer or whose employment as a private security services business employee was terminated because of his misconduct or incompetence. The regulations may include separate provisions for partial exemption from compulsory training for persons having previous training that meets or exceeds the minimum training standards and has been approved by the Department.
The original intention was that core subjects would still be required, Virguinia Laws regulatiosn etc.. but that the prior MWD training would be accepted 6VAC20-171-350. Entry level training, prevents 9.1-141from being applied and requires a 160 hour course of 20 year experienced prior MWD handlers.
Private Security Advisory Board
We object to Detection Canine not being allowed a specific representation seat on the private Security Advisory Board. Detection Canine services are highly specialized and not easily understood nor explained. With very few Detection Canine Companies in the Commonwealth, it is unlikely that one of the 3 seats reserved for Private Security Businesses will be given to a Detection Canine Company. And although, scent detection is scent detection, there are significant operational differences between drug detection and explosive detection.
16 seats are now afforded as follows;
The remaining 3 seats are for Private Security Businesses, which would include; security officers, armed couriers, detection canine handlers, security canine handlers.
It is assumed that a seat from the 3 seats reserved for Private Security Businesses could be filled with a representative from the Detection Canine Community. The same logic that denies a seat on the advisory board
could be used to show the lack of need with bringing Explosive Detection Canine Services under DCJS regulations. With the abuses in the cadaver detection canine field, we are dismayed that cadaver dogs HSD have not been included in the regulations.
I would also like to point out that the regulations make no stipulations on DEA/ATF licensing, training aids, training aid storage, nor odors to be trained on. As a result, discarded wrappers could technically be used as a training aid. I would refer you to the SWGDOG (http://www.swgdog.org/) guidelines for a better representation of what would be expected of a professional EDCT company.
The business of Bombs Countermeasures including Detection Dogs, is very serious, and very costly to do effectively. In addition to explosive storage and actual explosive odors to train on, canine teams need to train on a constant basis to ensure proficiency and continued proficiency. Auburn University Canine Program has many interesting and informative studies on the subject. The regulations as proposed, give credentials to individuals with out the necessary guidelines for managing a detection company.
The regulations as written will do little more then create an industry of training academies that produce inexperienced, unemployable canine handlers. Currently EDCT companies operate based on industry standards. Enacting these regulations as written would in effect lower industry standards in Virginia. It would sanction inexperienced unqualified firms, as it would designate them as DCJS licensed and Certified.
A guideline for ongoing training of canine companies, and a certification requirement that meets industry standards is missing from these regulations. Add the lack of representation on the PSSAB, for an Explosive Detection Canine Company and many "fly by night" and "I've always wanted to do something with the shepherd I keep chained up in the back yard" companies will emerge.
The regulations as written will do nothing more then preclude experienced professional Explosive detection canine companies from operating in Virginia. The regulations as written will open the door for individuals and companies with no prior experience and no operational knowledge to gain credibility putting the lives of Virginias at risk. Larry Zilliox [larry.zilliox@gmail.com]
Please consider the seriousness of this. As I tell my clients, in actuality, there is less then .05% chance an explosive device will be placed or sent to them however, you have a far less chance that someone will deliberately fly a plane into their building.