OSHA Cites Convenience Store Chain After Robberies

OSHA Cites Convenience Store Chain After Robberies

This is a discussion on OSHA Cites Convenience Store Chain After Robberies within the In the News: The Good, the Bad and the Ugly forums, part of the The Back Porch category; US Department of Labor's OSHA cites TMT in Dallas, Texas,following robbery, death of worker at Garland Whip In store Safety violations found at convenience stores ...

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Thread: OSHA Cites Convenience Store Chain After Robberies

  1. #1
    Member Array MrsHB's Avatar
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    OSHA Cites Convenience Store Chain After Robberies


    US Department of Labor's OSHA cites TMT in Dallas, Texas,following robbery, death of worker at Garland Whip In store

    Safety violations found at convenience stores in Garland, Dallas and Mesquite

    DALLAS – The U.S. Department of Labor's Occupational Safety and Health Administration has cited TMT Inc. with four serious safety violations following an aggravated robbery that resulted in the death of an employee at the company's Whip In convenience store in Garland.

    OSHA's Dallas Area Office opened an investigation at the Garland store in May after an employee working at the checkout counter was seriously assaulted during a robbery and later died from second- and third-degree burns. OSHA also investigated the company's three other stores in Dallas and Mesquite, and found that workers at those locations were exposed to the same or similar workplace violence hazards.

    "Handling money, working alone and standing behind open counters leaves employees vulnerable to violent crimes," said Stephen Boyd, OSHA's area director in Dallas. "If the employer had conducted an analysis to identify risk for violence, implemented appropriate control measures and provided training to ensure awareness of potential violence, it is possible that this tragic loss of life could have been avoided."

    Each store was cited with violating OSHA's "general duty clause" for failing to provide a workplace free from recognized hazards likely to cause serious injury or death. A serious violation occurs when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known. The citations carry total proposed penalties of $19,600.

    Workplace violence is any act or threat of physical violence, harassment, intimidation or other threatening and disruptive behavior that occurs at a work site. It ranges from threats and verbal abuse to physical assaults and even homicide. It can affect and involve employees, clients, customers and visitors. More information on workplace violence is available at OSHA's website at Safety and Health Topics | Workplace Violence.

    TMT, which is headquartered in Dallas, employs more than 60 employees across the Dallas-Fort Worth area, and has 15 business days from receipt of the citations and penalties to comply, request an informal conference with OSHA's Dallas area director or contest the findings before the independent Occupational Safety and Health Review Commission.


    2012 - 11/19/2012 - US Department of Labor's OSHA cites TMT in Dallas, Texas, following robbery, death of worker at Garland Whip In store
    "...people who carry a gun understand that they are arming themselves against a very unlikely event... People who arm themselves are not confused about the odds. They are concerned about the stakes. -Kathy Jackson
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    More details on the crime that prompted the OSHA investigation... the 76-year old store clerk died after this story was written:

    "...Police said Matthew Lee Johnson, 36, arrived at the Fina Whip-In at the corner of Broadway and Colonel Drive in Garland shortly after the store opened at 7 a.m. Sunday. Officers said he carried in a bottle of flammable liquid and used it to douse Harris and then set her on fire — after clearing out the cash register.

    Harris suffered serious burns to her upper torso and face.

    “It didn’t look like there was any resistance from her any time,” said Garland police spokesman Officer Joe Harn. “There’s no reason why you would set a 76-year-old woman on fire.”

    Police said the suspect ran to a nearby neighborhood and tried to break into several homes. Officers said Johnson allegedly robbed one man nearby, but police arrested him a short time later.

    He now faces charges of capital murder and robbery. Johnson's bond is set at $500,000.

    Alma Johnson said she believes her son was looking for drug money, saying he has battled addiction all his life. Johnson recently got out of prison after serving a six-year sentence for a drug crime.
    "


    Garland clerk 'holding on to life' after fiery attack | wfaa.com Dallas - Fort Worth

    If this isn't a case in point for allowing employees to carry, I don't know what is. But somehow, I doubt OSHA was referring to a CC class when they referred to 'training'...
    "...people who carry a gun understand that they are arming themselves against a very unlikely event... People who arm themselves are not confused about the odds. They are concerned about the stakes. -Kathy Jackson
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    VIP Member Array goldshellback's Avatar
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    No, I doubt OSHA wants 'clerk-carry' instituted either....... It IS an arguement that can go either direction.
    "Just getting a concealed carry permit means you haven't commited a crime yet. CCP holders commit crimes." Daniel Vice, senior attorney for the Brady Campaign to Prevent Gun Violence, quoted on Fox & Friends, 8 Jul, 2008

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    OSHA is run by idiots that could not find their but with both hands. No common sense, anything to justify thier jobs.

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    Quote Originally Posted by foxytwo View Post
    OSHA is run by idiots that could not find their but with both hands. No common sense, anything to justify thier jobs.
    It's butt... Yeah, OSHA does some really stupid stuff... But this isn't an example of it.

    But then, we haven't had people in sweat shops locked in so they couldn't escape from a fire, like the recent one overseas.... at least not since OSHA cited that (Chicken?) processing plant down south a few decades back.

    Without the threat of OSHA citations... many employers might eventually let safety concerns fall to the back burner...

    And you may think that's nonsense... but then The(non union, of course)Haier plant in this country (Chinese Mfg, I believe), tried chastising it's workers in front of their peers, ala the Chinese model of "management through intimidation." If they hadn't learned from the people on the floor how unacceptable that model was here, perhaps they'd have locked 'em in...

    There's sense in these stop and robs making their places a little more secure for those that have to work in them....

    And if it isn't through "engineering controls" like enclosed cashier stations... Then the company ought to consider issuing PPE (Personal Protective Equipment), and training in it's use... I'm thinking 9mm or .45...
    Rats!
    It could be worse!
    I suppose

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    "The citations carry total proposed penalties of $19,600."

    Wow! Employees dies, the employer has to pay a fine of less than $20,000 for safety violations at three facilities. Now there is some real incentive for other store owners to improve their security. (Now where is that sarcasm font)
    "If you make something idiot proof, someone will make a better idiot."

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    VIP Member Array oakchas's Avatar
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    Quote Originally Posted by high pockets View Post
    "The citations carry total proposed penalties of $19,600."

    Wow! Employees dies, the employer has to pay a fine of less than $20,000 for safety violations at three facilities. Now there is some real incentive for other store owners to improve their security. (Now where is that sarcasm font)
    Interesting thing about that... if they pay the citations, I wonder if they would more easily be found culpable in a wrongful death suit?
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    Rats!
    It could be worse!
    I suppose

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    Those "Working Conditions" Are what I observe in just about EVERY CONVENIENCE STORE I walk into.
    "Outside of the killings, Washington has one of the lowest crime rates in the country,"
    --Mayor Marion Barry, Washington , DC .

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    Ban all flammable liquids!!
    pittypat21 likes this.
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    Distinguished Member Array kapnketel's Avatar
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    Quote Originally Posted by oakchas View Post
    Interesting thing about that... if they pay the citations, I wonder if they would more easily be found culpable in a wrongful death suit?
    Generally not admissible.
    I'd rather be lucky than good any day

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    VIP Member Array oakchas's Avatar
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    Quote Originally Posted by kapnketel View Post
    Generally not admissible.
    Shame, that... After all, If found guilty of a crime in a court, isn't that admissible in a subsequent civil suit? I mean if guilty beyond a reasonable doubt does not encompass "preponderance of the evidence"??? Seems to me paying the citations would be an admission of guilt.
    Rats!
    It could be worse!
    I suppose

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    Quote Originally Posted by oakchas View Post
    Shame, that... After all, If found guilty of a crime in a court, isn't that admissible in a subsequent civil suit? I mean if guilty beyond a reasonable doubt does not encompass "preponderance of the evidence"??? Seems to me paying the citations would be an admission of guilt.
    However, it does set precident for future cases, or most likely, expanding regulation/fines. Its the Gubbment.... give them an inch, and they go 10 miles.....
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