KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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Do we need Thermal Imaging provision / death or incapacity and broker agreement
October 3, 2026
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Do we need Thermal Imaging provision
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Industry input requested:
We are making latest updates to the Kirschenbaum Contracts. Does the Commercial All in One still need the Thermal Imaging provision or has that gone the way of WOKE?
Here is the provision:
THERMAL IMAGING DEVICES: Thermal imaging technology is intended for initial body temperature assessment for triage use; the device is intended to be used for adjunctive diagnostic screening only and elevated body temperature must be confirmed with another evaluation method. Subscriber requests installation of this equipment and understands the equipment is not manufactured by ALARM COMPANY and may not be cleared through the FDA 510(k) process. The parties agree that this equipment is not intended as a medical grade device for the diagnosis, treatment, cure, or prevention of disease or medical condition, of any illness, and does not create an undue risk in light of any public health emergency.
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Can non-employee join you on site October 3, 2026
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Ken,
I have a new friend that wants to join me when I go out in the field for fire alarm and fire protection inspection, testing and repairs to see what I actually do. Maybe sometimes I will need an extra set of hands or eyes to assist for an issue.
I can see many possible issues, not being an employee, what if they get hurt, will they be covered by workers comp?
Would being on site and possibly lending a hand be a violation of the NYS License Law?
What if we want to take a prospective employee out with us to see what we do, ask how they may handle an issue to see if they have the knowledge to handle what we do?
What if I am out on a date with my girlfriend and get an emergency call that has to be taken care of right away (that happened recently)?
Is it black and white, employees only or are there provisions for such situations?
Jeff
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Response
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Your new friend should remain your friend and not become your unpaid, uninsured employee.
There is nothing wrong with bringing someone along merely to observe, provided the person complies with all site safety, confidentiality and security requirements. But the moment that person carries equipment, holds a ladder, assists with testing, touches the system, offers advice or otherwise provides a service to your company, you have crossed a very different line. You should keep in mind that having the non-employee on the job site can expose you to liability that you don’t need. If truly an observer then the person could get hurt on site, inadvertently cause damage, end up being wrongfully accused of stealing or breaking something. Actually, performing any work is out of the question. If a non-employee performs any service and there is a loss or system failure thereafter you might be called upon to explain why a non-employee worked on the system, or was just on site; raising questions that don’t need to be raised.
Calling someone a friend or volunteer will not control whether that person is treated as an employee. If the person is injured, expect a claim against your company and possibly against the subscriber. Your workers’ compensation and general liability carriers may also question why an unpaid, unauthorized and uninsured person was permitted to participate in the work.
Licensing presents another problem. New York regulates those engaged in installing, servicing and maintaining security and fire alarm systems. An unregistered or otherwise unauthorized person should not be performing regulated work merely because a licensee is nearby supervising.
While I don’t think it’s a good idea, a prospective employee may accompany you for a legitimate observation or interview, but do not turn the interview into free field labor. If you want to test the applicant’s knowledge, ask questions or conduct the test at your office or another controlled location. If the applicant is going to perform actual field work, first hire and properly onboard the applicant, confirm all licensing or registration requirements, place the employee on payroll, notify your insurance broker and provide the required safety training. Since you are in NY you also have to send to DLS fingerprints and employment application within 24 hours of the hire.
As for taking your girlfriend on an emergency service call, don’t. Drop her off somewhere safe or arrange another ride. She should not enter the subscriber’s premises, wait in a restricted work area or assist you. Your emergency does not become the subscriber’s obligation or your insurance carrier’s problem.
Is the answer entirely black and white? Not always. But the safe business rule should be: employees and properly authorized personnel perform the work; visitors observe only and do not touch anything. Before allowing any ride-along, confirm the arrangement with your workers’ compensation and general liability brokers.
Do not create an unnecessary uninsured risk merely because someone is willing to lend a hand.
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Ken Kirschenbaum,Esq
Kirschenbaum & Kirschenbaum PC
Attorneys at Law
200 Garden City Plaza
Garden City, NY 11530
516 747 6700 x 301
ken@kirschenbaumesq.com
www.KirschenbaumEsq.com
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