OSHA Inspection: TMT, INC.

Issued

Nov 19, 2012

Abate by

Dec 11, 2012

Penalty

Initial $4,900 · Current $0 Reduced

General-duty citation text

Section 5(a)(1) of the Occupational Safety and Health Act of 1970: The employer does not furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or likely to cause death or serious physical harm to his employees in that employees are exposed to violence in the workplace:    This violation was discovered on May 31, 2012, at the workplace located at 2910 Ruder St., Dallas, Texas 75212; where convenience store employees, who regularly worked with money and whose job exposed to them the potential for violence in the form of assaults and/or robberies, were not protected from workplace violence that was causing or likely to cause death or serious physical harm.    Among other methods, feasible and acceptable means of abatement include, but are not limited to:    Establish and implement a workplace violence program that includes but is not limited to:    (1) Worksite Analysis:  Conduct a worksite analysis that involves a step-by-step assessment to identify environmental and operational risks for violence.  The worksite analysis includes analyzing and tracking records, conducting screening surveys of workers, and analyzing workplace security to identify any incidents of workplace violence and identify hazards, conditions and situations that could expose workers to violence.      (2) Hazard Prevention and Control:  Taking into account the hazards identified in the workplace security analysis, develop, implement and ensure that measures to reduce or eliminate the likelihood of violent incidents are utilized at the worksite.  These measures may include but are not limited to:    a. Limiting window signs to low or high locations and keeping shelving low so that workers can see incoming customers and so that police can observe what is occurring from the outside of the store;  b. Ensuring the customer service and cash register areas are visible from outside the establishment;  c. Placing curved mirrors at hallway intersections or concealed areas;  d. Maintaining adequate lighting inside and outside the establishment;  e. Using door detectors so that workers are alerted when someone enters the store;  f. Having height markers on exit doors to help witnesses provide more accurate descriptions of assailants;  g. Installing, regularly maintaining, and ensuring employees use alarm systems and other security devices, panic buttons, handheld alarms or noise devices, cellular phones and private channel radios where risk is apparent or may be anticipated;  h. Arranging for a reliable response system when an alarm is triggered;  i. Installing fences and other structures to direct the flow of customer traffic into and around the store;  j. Controlling access to the store with door entry (buzzer) systems;  k. Installing physical barriers such as bullet-resistant enclosures with pass-through windows between customers and workers;   l. Installing wider counters to increase the distance between customers and workers;   m. Prohibit transactions with large bills (over $20).  If this is not practical, cash levels should be kept as low as practical;  n. When possible and appropriate, increase staffing levels at stores with a history of robbery or assaults, or located in high crime areas;   o. Establish rules and practices to ensure that workers can walk to garbage areas and outdoor storage areas without increasing their risk of assault;  p. Establish liaison with local police and state prosecutors.  Report all incidents of violence. Give police physical layouts of facilities to expedite investigations;  q. Require workers to report all assaults or threats to a supervisor or manager. Keep log books and reports of such incidents to help determine any necessary actions to prevent recurrences.    (3) Safety and Health Training:  Develop and implement training and education to ensure that all staff members are aware of potential security hazards and how to protect themselves and their coworkers through established policies and procedures.  The training may include but not be limited to:  a. An overview of the potential risk of assault;  b. The workplace violence prevention policy;  c. The concept of "universal precautions for violence," which refers to the concept that violence should be expected but con be avoided or mitigated through proper precautionary preparation;  d. The specific hazards associated with their jobs and worksite to help them minimize their risk of assault and injury;  e. Information on worksite specific potential hazards and instructions on how to control those hazards;  f. Proper use of security measures and engineering controls designed to reduce risk, including the location and operation of safety devices such as alarm systems, along with required maintenance schedules and procedures;  g. Early recognition of escalating behavior or recognition of warning signs of situations that may lead to assaults;  h. Behavioral strategies such as conflict resolution and aggression management techniques to defuse tense situations and reduce the likelihood of a violent outcome;  i. Guidance to limit workers from intervening in workplace altercations whenever possible unless enough staff or emergency response teams and security personnel are available;   j. Emergency action procedures to be followed in the event of a robbery or violent incident;  k. Policies and procedures for reporting the incident to the proper authorities, as well as recordkeeping.     At a minimum, training should be provided annually.  Workers who forget safety measures should be retrained. New, reassigned, temporary and visiting workers should receive the same training as permanent staff.