ALJ Decision in Professional Security Consultants, Inc., OSHRC Docket No. 22-0597, Becomes a Final Order of the Commission.
PSC is a private security company that supplies security officers to retail stores and shopping malls nationwide, including the Mall located in Boise, Idaho. (Tr. 305). Brookfield Properties owned the Boise Mall, along with 130 other retail properties in other locations. (Tr. 1129). PSC was the security guard vendor for 30 of those properties. (Ex. J-2; Tr. 1148).
PSC’s workforce at the Mall consisted of security officers, security supervisors or shift supervisors, an assistant security director (ASD), and a security director (SD). (Tr. 130, 310). Security officers worked in shifts at the Mall, with two or three security officers staffing each shift during the Mall’s normal business hours. (Tr. 129). There was also typically one PSC security officer on duty at night when the Mall was closed. (Tr. 314). The total number of security officers employed by PSC at the Mall at any given time was less than 15. (Tr. 129). That number fluctuated based on the time of year and due to the position’s high turnover rate. (Tr. 129, 987).
PSC security officers were responsible for patrolling the Mall common areas and parking lot, medical emergency response, enforcement of Mall rules, and general assistance with crime prevention, risk management, and customer service. (Tr. 316-18; Ex. J-3 at 10). PSC had a dispatch office in the Mall, and security officers performed “dispatch duty,” which entailed fielding phone calls from Mall patrons or store employees, maintaining daily logs, and contacting local police and medical emergency services when necessary. (Tr. 317-18). Security officers rotated between patrol duty and dispatch duty. (Tr. 316). They wore a uniform consisting of a badge, a yellow shirt with the word “security” written on the back, and black pants. (Tr. 1154). Security officers were not armed, nor did they wear bullet-proof vests. (Tr. 134). They did, however, carry pepper spray. (Tr. 135).