KEN KIRSCHENBAUM, ESQ ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE You can read all of our articles on our website. Having trouble getting our emails? Change your spam controls and white list ken@kirschenbaumesq.com ****************************** marijuana concerns / Follow up on bathroom cameras March 18, 2021 *********************** marijuana concerns *********************** Ken Now that New Jersey has joined several other states in decriminalizing marijuana, what is a security company’s liability if something happens on a job site, be it a workman's comp type accident, or a tech destroying the customers property, and that tech tests positive for marijuana. Thanks Karl ************************* Response ************************* Testing positive for marijuana is not, in and of itself, conclusive proof of incapacity. While a positive finding may add to an inference of incapacity or be received in support of such claim, it will be one of several other factors that will determine if an employee was negligent. Your contract with the subscriber should protect you unless you knowingly send an incompetent employee to a job site. That would apply to an employee incompetent by reason of alcohol, drugs or stupidity. ************************* Follow up on bathroom cameras ************************* Ken I have a thought, what about a wireless camera that is placed in the restroom when needed and removed when not needed. This way consent is needed only as required. Designate a recessed cabinet with a window to place the camera in and lock it. Just a thought. Thank you for your time, Jerry VanWagoner, Owner Cal-West Fire Alarm Service *********************** Response *********************** In the rare instance where a bathroom camera is appropriate and permitted there is going to have to be specific consent and no covert camera or audio. I don’t think I can emphasis the word “rare” enough. This is not a green light to install bathroom cameras. ******************* To order up to dateStandard Form Alarm / Security / Fire and related Agreements, click here: www.alarmcontracts.com ************************* CONCIERGE LAWYER SERVICE PROGRAM FOR THE ALARM INDUSTRY You can check out the program and sign up here: https://www.kirschenbaumesq.com/page/concierge or contact our Program Coordinator Stacy Spector, Esq at 516 747 6700 x 304. *********************** NOTICE: You can always read our Articles on our website at ww.kirschenbaumesq.com/page/alarm-articles *********************** THE ALARM EXCHANGE
This area is reserved for alarm classifieds, alarm company announcements, solicitations, offers, etc. There is no charge to post a listing here.Include your contact information, phone, email and web site. If you would like to submit a post, please send an email to ken@kirschenbaumesq.com. To create a reciprocal link to our website, click here. ************************************************ Getting on our Email List / Email Articles archived: Many of you are forwarding these emails to friends or asking that others be added to the list. Sign up for our daily newsletter here: Sign Up. You can read articles and order alarm contracts on our web site www.alarmcontracts.com ************************** 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
