Page:United States Statutes at Large Volume 110 Part 6.djvu/555

 CONCURRENT RESOLUTIONS—APR. 16, 1996 110 STAT. 4377 enforce laws designed to maintain public peace and order and to protect both life and property from accidental or willful injury, and to prevent and detect crimes, (2) who has the power to arrest, and (3) who is presently undergoing or has undergone or will undergo on-the-job training and/or a course of instruction and study which tj^ically includes physical training, self-defense, firearm proficiency, criminal and civil law principles, investigative and law enforcement techniques, community relations, medical aid and ethics. (b) Employees who meet these tests are considered to be engaged in law enforcement activities regardless of their rank, or of their status as "trainee", "probationary", or "permanent", and regardless of their assignment to duties incidental to the performance of their law enforcement activities such as equipment maintenance, and lecturing, or to support activities of the type described in paragraph (g) of this section, whether or not such assignment is for training or familiarization purposes, or for reasons of illness, injury or infirmity. The term would also include rescue and ambulance service personnel if such personnel form an integral part of the public agency's law enforcement activities. See section C553.215. (c) T5^ically, employees engaged in law enforcement activities include police who are regularly employed and paid as such. Other agency employees with duties not specifically mentioned may, depending upon the particular facts and pertinent statutory provisions in that jurisdiction, meet the three tests described above. If so, they will also qualify as law enforcement officers. Such employ- ees might include, for example, any law enforcement employee within the legislative branch concerned with keeping public peace and order and protecting life and property. (d) Employees who do not meet each of the three tests described above are not engaged in "law enforcement activities" as that term is used in section 7(k). Employees who normally would not meet each of these tests include: (1) Building inspectors (other than those defined in section C553.213(a)), (2) Health inspectors, (3) Sanitarians, (4) Civilian traffic employees who direct vehicular and pedestrism traffic at specified intersections or other control points, (5) Civilian parking checkers who patrol assigned areas for the purpose of discovering parking violations and issuing appropriate warnings or appearance notices, (6) Wage and hour compliance officers, (7) Equal emplo)niient opportunity compliance officers, and (8) Building gueirds whose primary duty is to protect the lives and property of persons within the limited area of the building. (e) The term "any employee in law enforcement activities" also includes, by express reference, "security personnel in correction^ institutions". Typically, such facilities may include precinct house lockups. Employees of correctional institutions who qualify as security personnel for purposes of the section 7(k) exemption are those who have responsibility for controlling and maintaining custody of inmates and of safeguarding them from other inmates or for supervising such functions, regardless of whether their duties £u:e

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