TITLE 11 LABOR AND WORKERS’ COMPENSATION
CHAPTER 5 OCCUPATIONAL HEALTH AND SAFETY
PART 6 CONVENIENCE
STORES
11.5.6.1 ISSUING
AGENCY: New Mexico Environmental Improvement Board.
[11.5.6.1 NMAC - N,
6/1/04]
11.5.6.2 SCOPE: All
convenience store employers and employees.
[11.5.6.2 NMAC - N,
6/1/04]
11.5.6.3 STATUTORY
AUTHORITY: NMSA 1978, Sections 50-9-7, 50-9-13, and
74-1-8.
[11.5.6.3 NMAC - N,
6/1/04]
11.5.6.4 DURATION:
Permanent.
[11.5.6.4 NMAC - N,
6/1/04]
11.5.6.5 EFFECTIVE DATE: June 1, 2004, unless a later date is cited at
the end of a section.
[11.5.6.5 NMAC - N,
6/1/04]
11.5.6.6 OBJECTIVE: To
establish standards related to the occupational health and safety of employees
in the convenience store industry.
[11.5.6.6 NMAC - N,
6/1/04]
11.5.6.7 DEFINITIONS: General: Unless
otherwise specified, the following definitions, in addition to those contained
in 11.5.1.7 NMAC and the state
act, are applicable to this part.
A. “American
society for testing materials standard D3935-02” means the American society for testing materials classification
standards for transparent polycarbonate bullet-resistant materials.
B. “B
rated” means a safe box industry standard, which, at a minimum, conforms to the
specifics of a one-fourth inch body and a one-half inch door constructed of
steel or an equivalent material.
C. “Controlled
access area” means an enclosure of the service counter area with transparent
polycarbonate or other bullet-resistant material that meets American society
for testing materials or underwriters laboratory standards.
D. “Convenience
store” means any business that is primarily engaged in the retail sale of
convenience goods, or both convenience goods and gasoline, and employs one or
more employees during the normal operating hours of the establishment. This
term excludes businesses that operate as hotels, taverns, lodging facilities,
restaurants, stores that sell prescription drugs, gasoline service stations,
grocery stores, supermarkets, businesses that have more than 10,000 square feet
of retail floor space, farmer’s markets, roadside stands, on-site farm markets,
and other agricultural activities or operations.
E. “Convenience goods” means articles that are purchased
frequently for immediate use in readily accessible stores and with a minimum of
effort. This term includes consumable
items that are generally limited in quantity and variety, and sold in their
original containers. This definition is
not intended to exclude convenience stores that sell a small quantity of fresh
food or unpackaged products in addition to other convenience goods.
F. “Depository
or time lock safe” means a B or higher rated safe box equipped with an
electronic or manually programmed time lock, or drop slot, that prevents
unauthorized access.
G. “Environmental
engineering controls” means an established store floor plan adopted or
developed by the employer to reduce theft or robbery by measures, which
include, but are not limited to, cash register placement in plain view of
customers, properly functioning indoor and outdoor lighting, and proper
placement of security cameras.
H. “Pass-through window” means a manually operated mechanical pass-through
trough, front-loading deposit door, or other similar device that is encased in
a transparent polycarbonate window or other bullet-resistant material
that meets American society for testing materials standard D3935-02, or underwriters laboratory standard 752.
I. “Security
surveillance system” means a VHS or digital camera surveillance system that is
capable of recording and retrieving a clear video or digital recorded image.
J. “Security alarm system” means any device or series of devices,
including, but not limited to, a signal system interconnected with a radio
frequency method such as cellular, private radio signals, or other mechanical
or electronic device used to notify law enforcement or a private security
agency of an unlawful act in progress.
K. “Underwriters
laboratories standard 752” means
the underwriters laboratory standards for transparent polycarbonate
bullet-resistant materials.
L. “Service
counter” means, at a minimum, the counter space designated by the employer to
include the service transaction area of the money register(s) and the
surrounding perimeter.
M. “Signage”
means posters, placards, neon lights, or logos, positioned in the convenience
store windows and doors.
N. “Training
curriculum” means the instruction manual or pamphlet adopted or developed by
the employer containing security policies, safety and security procedures, and
personal safety and crime prevention techniques.
[11.5.6.7 NMAC - N,
6/1/04; A, 12/01/04; A, 10/30/08]
11.5.6.8 SECURITY REQUIREMENTS: All
convenience stores shall be equipped with the following security devices and
standards:
A. Exterior lighting: The
employer shall provide and maintain exterior lighting during all evening and
nighttime operating hours that ensures clear visibility of the parking areas,
walkways, building entrances and exits, and gasoline pump areas.
B. Employee training:
(1)
The employer shall provide each employee, at the time of his or her
initial appointment, and by periodic review not to exceed four-month intervals,
crime prevention and safety training in accordance with a written training
curriculum. The training curriculum may include computer-based training. Periodic reviews shall include, at a minimum,
review of the written training curriculum and site-specific issues. Training
shall be conducted in a language that is understood by the employee. The
employer shall conduct training, or designate a knowledgeable representative to
conduct training, in accordance with the written training curriculum that
includes but is not limited to:
(a) an overview of the potential risk of assault;
(b) operational procedures, such as cash
handling rules, that are designed to reduce risk;
(c) proper use of security measures and
engineering controls that have been adopted in the workplace;
(d) behavioral strategies to defuse tense
situations and reduce the likelihood of violence, such as techniques of
conflict resolution and aggression management;
(e) specific instructions on how to respond to
a robbery and how to respond to attempted shoplifting; and
(f) emergency action procedures to be followed
in the event of a robbery or violent incident.
(2) Store specific training shall be conducted
by the employee’s immediate supervisor.
(3) Current employees shall receive training
within ninety days of the effective date of this regulation.
(4) All employers shall prepare training
documentation for each employee and have employees sign a statement indicating
the date, time, and place they received their safety training. Employers shall
maintain documentation of an employee’s training for a period of at least
twelve months, or six months after termination of an employee’s employment.
Employee training documentation shall be made available within forty-eight
hours of a department representative’s request.
The forty-eight hour period shall exclude holidays and weekends. Failure to provide employee training
documentation within the forty-eight hour period shall subject the employer to
the penalties provided for in NMSA 1978, Section 50-9-24 (1975). Training curricula shall be kept on the
convenience store premises and made available on request by the department.
C. Late night security measures:
(1) In addition to the other security
requirements of this part, convenience stores operating between the hours of
11:00 p.m. and 5:00 a.m. shall employ at least one of the following security
measures:
(a) two employee shift: the employer shall
employ a minimum of two employees during the operating hours of 11:00 p.m. to 5:00 a.m.; or, shall substitute
the second employee requirement by employing security personnel on the
premises;
(b) controlled access area: the employer shall
provide a controlled access area by means of a secured safety enclosure of
transparent polycarbonate or other bullet-resistant material that meets American society for testing materials
standard D3935-02 or
underwriters laboratory standard 752;
(c) pass-through window(s): the employer shall
provide a pass-through window of transparent polycarbonate or other
bullet-resistant material that meets American society for testing materials
standard D3935-02 or
underwriters laboratory standard 752 that restricts access to and encompasses
the service counter area, providing an enclosure that extends not less than
five feet above the service counter; or
(d) alternative operation: between the hours
of 11:00 p.m. and 5:00 a.m., the employer shall close the store and prohibit
all sales transactions but allow employees to perform duties such as store
stocking, maintenance, cleaning and other non-sales transaction duties. Signs
shall be conspicuously posted on all entryways stating the store is closed.
D. Unobstructed view of the service counter: The employer shall maintain door and window
signage, product displays, shelving, equipment, and other similar items so that a clear and unobstructed view of the
service counter and cash register exists from outside the building.
E. Security surveillance system:
(1)
The employer shall provide each convenience store with a fully
operational VHS or digital security surveillance system that, at a minimum,
shall:
(a) record a continuous unobstructed view of
the service counter area and all entryways and exits during all operating
hours; and
(b) include a high resolution black and white
or color screen monitor with on screen date and time capabilities.
(2) The employer shall:
(a) conduct a monthly maintenance inspection
and make all necessary repairs to ensure the proper operation of the security
surveillance system, and, in the event of an extended mechanical malfunction
that exceeds an eight hour period, provide alternative security that may
include closure of the premises;
(b) maintain documentation, for a period of at
least twenty-four months, of all inspections, servicing, alterations, and
upgrades performed on the security surveillance system. All documentation shall be made available
within forty-eight hours of a department representative’s request; and
(c) maintain a VHS or digital library of all
in-store transactions recorded by the security surveillance system during
normal operating hours of the convenience store for a period of no less than
twenty business days;
(d) failure to provide equipment maintenance
documentation within the forty-eight hour period shall subject the employer to
the penalties provided for in NMSA 1978, Section 50-9-24 (1975). The forty-eight hour period shall not include
holidays and weekends.
F. Security alarm system:
(1) The employer shall provide and maintain in
each convenience store a fully operational security alarm system with a working
personal panic alarm for each employee that, when activated, notifies law
enforcement or a private security agency when an unlawful act is in progress.
(2) The employer shall:
(a) conduct a monthly maintenance inspection
and make all necessary repairs to ensure the proper operation of the alarm
system, and, in the event of an extended mechanical malfunction that exceeds an
eight hour period, provide alternative security that may include closure of the
premises; and
(b) maintain documentation for a period of at
least twenty-four months of all inspections, servicing, alterations, and
upgrades performed on the security alarm system; all documentation shall be
made available within forty-eight hours of a department representative’s
request. Failure to provide equipment
maintenance documentation within the forty-eight hour period shall subject the
employer to the penalties provided for in NMSA 1978, Section 50-9-24
(1975). The forty-eight hour period
shall not include holidays and weekends.
(3) The security alarm activators shall be
located in a location accessible to the employees and be available to the
employees as a portable device that can be carried on their person.
G. Depository or time lock safe:
(1) The employer shall:
(a) provide at least one B or higher rated
depository or time lock safe in each store;
(b) utilize each depository or time lock safe
to ensure controlled access to cash;
(c) conduct a monthly maintenance inspection
and make all necessary repairs to ensure the proper operation of the depository
or time lock safe system, or, in the event of an extended mechanical
malfunction that exceeds an eight hour period, provide alternative security
that may include closure of the premises; and
(d) maintain documentation, for a period of at
least twenty-four months, of all inspections, servicing, alterations, and
upgrades performed on the depository or time lock safe; all documentation shall
made available within forty-eight hours of a department representative’s
request; failure to provide equipment maintenance documentation within the
forty-eight hour period shall subject the employer to the penalties provided
for in NMSA 1978, Section 50-9-24 (1975). The forty-eight hour period shall not
include holidays and weekends.
(2) The location of the depository time lock
safe may be determined by the employer but shall be located within the service
counter area, or in an office adjacent to the service counter area.
H. Cash management: The employer shall not
have more than seventy-five dollars
in any cash register at any time between the hours of 11:00 p.m. and 5:00
a.m. To protect employee safety, the
employer shall maintain minimal
amounts of cash in the cash registers at all other times.
I. Required signs:
(1) The employer shall conspicuously post a
notice in English and in Spanish in the convenience store that contains, at a
minimum, the following information:
(a) there is a safe in the store;
(b) employees do not have access to the safe;
(c) there is an active security alarm system;
(d) there is an active surveillance system;
and
(e) there is a limited amount of cash in the
cash register.
(2) Employers will not be cited by the
department for providing employees access to a time lock or other safe.
J. Pay phones:
The owner shall provide adequate lighting to the pay phone area.
K. Unobstructed view of sales area: The employer shall ensure an unobstructed
view throughout the store from the service counter area. This may be accomplished by different means,
including mirrors and video monitors.
[11.5.6.8 NMAC - N,
6/1/04; A, 12/01/04; A, 10/30/08]
11.5.6.9 to 11.5.6.20 [RESERVED]
11.5.6.21 COMPLIANCE
PROVISION: Unless otherwise provided, compliance with
the sections of this part shall be achieved within sixty days of its effective
date.
[11.5.6.21 NMAC - N,
6/1/04; A, 12/01/04]
11.5.6.22 CONSTRUCTION: This
regulation shall be liberally construed to carry out the purposes of the occupational
health and safety regulations and the state act.
[11.5.6.22 NMAC - N,
6/1/04; A, 10/30/08]
11.5.6.23 SEVERABILITY: If any provision or application of this
regulation is held invalid, the remainder, or its application to other
situations or persons, shall not be affected.
[11.5.6.23 NMAC - N,
6/1/04]
11.5.6.24 ENFORCEMENT AUTHORITY: Department representatives shall be
responsible for the enforcement of this regulation.
[11.5.6.24 NMAC - N,
6/1/04]
11.5.6.25 REFERENCES
IN OTHER REGULATIONS: Any reference
to the Convenience Store regulations or 11.5.6 NMAC in any other rule shall be
construed as a reference to this regulation.
[11.5.6.25 NMAC - N,
6/1/04]
11.5.6.26 COMPLIANCE WITH OTHER
REGULATIONS: Compliance with this
regulation does not relieve a person from the obligation to comply with any
other applicable federal, state, or local regulations.
[11.5.6.26 NMAC - N,
6/1/04]
11.5.6.27 SAVINGS
CLAUSE: Future amendments: no future amendment to 11.5.6 NMAC shall
affect any administrative or judicial enforcement action pending on the
effective date of the amendment.
[11.5.6.27 NMAC - N,
6/1/04]
HISTORY OF 11.5.6 NMAC: [RESERVED]