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Department of Labor Cites Circle K Stores for Failing to Protect Cashier Who Was Shot

Retailer contesting findings before independent Occupational Safety and Health Review Commission
department of labor
Logo/U.S. Department of Labor

A U.S. Department of Labor (DOL) investigation has found Circle K could have prevented a convenience-store cashier in Orlando, Florida, from suffering a serious gunshot injury by following the company’s own established safety procedures.

Inspectors with the Occupational Safety and Health Administration (OSHA) said that two unidentified men entered the Circle K location on Silver Star Road shortly after 1 a.m. on Jan. 19, 2024, pointed firearms and screamed at the cashier to open the register. As the employee moved back from the register, one of the assailants fired a shot that struck the employee in the left shoulder.

OSHA cited Circle K Stores Inc. with one serious violation for failing to provide a place of employment free from recognized hazards likely to cause death or serious physical harm. The agency has proposed $16,131 in penalties, the maximum amount allowed by federal statute. The company has contested the findings before the independent Occupational Safety and Health Review Commission.

“The appropriate teams at Circle K are in contact with OSHA concerning this investigation, and we have contested the findings,” a Circle K spokesperson said in a statement provided to CSP. “The safety of our team members is always a top priority for us. As we strive toward our goal of zero harm to our people and customers, we have made significant investments in technology process improvements and training to better ensure a safe environment in our stores and facilities.”

A review of  OSHA investigations of Circle K locations since 2014 found five workers suffered fatal gunshot injuries at two locations in Texas in August 2021 and December 2018, Georgia in September 2019, Florida in June 2016 and Alabama in December 2015. Most of these incidents took place in the evening or overnight hours.

Tempe, Arizona-based Circle K Stores Inc. is a subsidiary of Alimentation Couche-Tard Inc., Laval, Quebec, which operates in 29 countries and territories, with more than 16,700 convenience stores. Its network includes more than 7,100 c-stores in the United States, primarily under the Circle K banner.

C-Store Vulnerability

OSHA Orlando Area Director Erin Sanchez offered convenience-store operators some crime prevention resources.

“People employed by late or all-night businesses, such as gas stations, convenience stores and drive-through fast food restaurants face a high probability of violent incidents as few witnesses, accessible cash, poorly lit stores and darkened parking areas often attract dangerous thieves,” he said.

The National Institute for Occupational Safety and Health (NIOSH) cites robbery-related homicides and assaults as the leading cause of death for retail workers. In 2019, the rate of deadly workplace violence among convenience store workers was 14 times higher than the overall rate for private industry workers, according to research by the Centers for Disease Control and Prevention (CDC). 

Deterrents to help late-night retailers protect employees from workplace violence include interior and exterior security cameras, cash register barriers or enclosures, a drop safe or cash management device, proper lighting inside and outside the store and signage explaining the register holds $50 or less, said Sanchez.

OSHA offers recommendations for workplace violence prevention programs in late-night retail establishments. 

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