SANTA FE, N.M. -- In a decision that could prompt other states to mull similar measures, the New Mexico Court of Appeals has upheld regulations adopted by the state Environmental Improvement Board (EIB) in 2004 to protect convenience store employees from violence at work. The decision states the EIB has the authority to adopt regulations to protect c-store workers from violence in the workplace.
In 2004, the New Mexico Petroleum Marketers Association, Indian Capitol Distributing Co. Inc., Hookinson Inc. and Every-Ready Oil Co. Inc. appealed the EIB's [image-nocss] adoption of the c-store safety regulations arguing that the EIB did not have statutory authority to adopt such regulations.
We hold that the plain language of OSHA and the NMOSHA supports the EIB's interpretation extending the coverage of these statutes to workplace violence, stated the decision.
The New Mexico Legislature passed Joint Memorial 4 in 2003 directing the New Mexico Occupational Health & Safety Bureau to study the problem of homicides, assaults, robberies and other violent acts against employees at late-night retail establishments, according to the court documents. From January 1998 to April 2003, 16 murders, 24 rapes, 37 kidnappings, 1,451 assaults and many other crimes occurred at New Mexico c-stores, according to the study.
The EIB subsequently adopted regulations requiring c-store owners to have at least two employees working at night or provide bulletproof enclosures, install video surveillance systems, improve lighting and provide safety training to employees among other requirements.
New Mexico has the only Occupational Health & Safety Bureau in the country to adopt regulations that specifically address measures employers must take to protect c-store workers from potential violent acts.
We are excited about this decision because it will help protect convenience store workers from violence on the job, said New Mexico Environment Department Secretary Ron Curry. We will continue to enforce the OSHA regulations that have been in place for two years. As a result of those regulations, New Mexico convenience store workers can go to work knowing there are increased safety measures in place to protect them.
Ruben Baca, state executive of the New Mexico Petroleum Marketers Association, told the Associated Press that the group is leaning against further appeals of the regulations. Baca said he hopes the state is enforcing the regulations fairly, regardless of whether a c-store is part of a large chain or a mom-and-pop store. If I should have to live by the rules, everybody should have to live by the rules, he said.
Meanwhile, in related news, motorists in British Columbia could soon have to prepay before filling up at gas stations 24 hours a day to protect workers from gas-and-dash thieves, said WorkSafe BC, the agency responsible for worker safety, according to CBC News. The change would be the result of the death in 2005 of Lower Mainland gas station attendant Grant De Patie, who was dragged to his deathwhen he tried to stopa driver who hadn't paid for $12.30 worth of gasoline.
The man's death prompted his father, Doug, to spearhead a campaign for "Grant's Law," which would make itmandatory to prepay for gasoline at night in major urban areas.
The provincial government announced last October that it would bring in a regulation to that effect. WorkSafe BC then held a series of public consultations into the proposal, and spokesperson Donna Freeman said the public wanted the province to go further withthe idea. "We had significant input suggesting that the regulation should be broadened, to be provincewide and apply 24 hours a day," she told the news agency.
The new 24-hour prepayment rule could come into effect by the end of this year, following more public meetings.Members help make our journalism possible. Become a CSP member today and unlock exclusive benefits, including unlimited access to all of our content. Sign up here.