There is no federal workplace violence prevention standard, and Occupational Safety and Health Administration regulations do not expressly address workplace violence. Yet, when a convenience store employee was shot during a robbery attempt, OSHA cited the employer for not doing enough to protect its workforce.
According to the National Institute for Occupational Safety and Health, robberies are the leading cause of death for retail workers. The likelihood of violent acts occurring at convenience stores is often higher due to their late hours, reduced staffing, and other factors. Aimed at improving employees’ safety, OSHA’s “Recommendations for Workplace Violence Prevention Programs in Late-Night Retail Establishments” publication suggests that such retailers can take a number of steps to minimize their risks, including installing cash register barriers or enclosures, drop safe or cash management devices, and proper lighting and security cameras both inside and outside their stores, as well as posting signage indicating that their check-out registers contains less than $50 in cash.
On January 19, 2024, two armed men entered a Circle K convenience store in Orlando, FL, at 1:00 am and demanded that the clerk open the cash register. When the store’s employee backed away from the register, one of the robbers shot the clerk in the shoulder. Fortunately, the shot was not fatal.
This, however, is not the first time that OSHA has investigated shootings at Circle K stores. Since 2015, Circle K employees have been fatally shot in Texas (August 2021 and December 2018), Georgia (September 2019), Florida (June 2016) and Alabama (December 2015). Like the Orlando shooting, most of these occurred after dark.
OSHA’s General Duty Clause obligates employers to “furnish a workplace which is free from recognized hazards which may cause or are likely to cause death or serious physical harm.” Despite its history of store shootings, OSHA found that Circle K had not taken adequate steps to prevent workplace violence. On August 14, 2024, OSHA cited Circle K for violating the General Duty Clause and assessed the maximum penalty provided under the federal statute – $16,131. The employer has appealed the citation.
Unquestionably, violence in the workplace is on the rise. Even in the absence of a specific workplace violence prevention standard or regulation, OSHA intends to become more involved with violent workplace incidents and employers’ obligations to take actions designed to prevent or reduce those events.
