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June 13, 2012

Lawmaker calls for convenience store safety regulations

6 people killed, 27 seriously hurt since 2006 at late-night stores

INDIANAPOLIS — An Indiana legislator is calling for mandatory safety regulations at convenience stores where late-night employees are at high risk for harm.

Rep. Ed Delaney, a Democrat from Indianapolis, said convenience stores that fail to invest in security measures to protect their workers have an unfair economic advantage over those that do. Delaney made the call for state legislation that would mandate safety measures at high-risk convenience stores, following a meeting where state labor officials recommended some of those measures be adopted voluntarily.

Since 2006, six people have been killed and 27 people have been seriously injured in violent crimes at late-night stores in Indiana. Working at a convenience store has been deemed a “high-risk” occupation by the federal Occupational Health and Safety Administration.

Delaney, a veteran legislator, said he’s likely to find opposition from convenience store owners who don’t want to spend additional dollars on safety measures ranging from panic alarms to bullet-proof barriers.

“I’ve been in the legislature long enough to know that people don’t like to take their wallet out to comply with any regulation,” Delaney said.

Delaney’s comments came after the final meeting of the Late Night Retail Working Group — an advisory committee formed by Indiana Labor Commissioner Lori Torres following a series of shootings at Indiana convenience stores.

On Tuesday, that advisory committee issued a report recommending a series of “best practice” safety measures that convenience stores voluntarily adopt to protect their workers. The long list of recommendations run from low-cost items like improved lighting to high-cost items like bullet-proof enclosures that can cost up to $45,000.

The advisory committee recommended that high-risk convenience stores — defined as stores with two or more robberies or other violent crimes within a year — adopt the more stringent safety measures.

But as Torres noted at the meeting, “these are recommendations and nothing more.” The state labor department doesn’t have the power to mandate convenience stores follow the report’s recommendations, she said.

The Late Night Retail Working Group included representatives of family members of convenience store workers injured or killed on the job. They’re pushing for mandatory safety regulations.

Theresia Whitfield, an advocate for those victims, said the recommendations issued by the working group are meaningless without accountability.

“Some folks just aren’t going to see the value in protecting their employees,” Whitfield said. “These recommendations are no good unless they’re followed through on and there’s accountability.”

Tim Rico, who’s mother was killed in 2009 while working as a cashier on third shift at a Village Pantry in Indianapolis, said safety measures have to be mandated and not left to store owners.

Rico’s mother worked a store with a history of violent crime: It had been robbed 32 times since 2000. It wasn’t until the death of his mother that the store owner began making upgrades to its security measures and did so only as part of a settlement agreement reached with the state labor department, which had found Village Pantry had failed to provide a safe workplace for its employees.

The Indiana Petroleum Marketers and Convenience Store Association opposes mandatory safety regulations for convenience stores. Imus said the store owners should determine what safety measures are best to adopt.

But DeLaney believes it’s critical for the state to step in. He favors legislation like that modeled on Florida’s law that requires convenience stores with a history of robberies and other violent crime to implement stronger safety measures. The Florida law allows those high-risk stores to choose from one of several options, ranging from closing their stores overnight to staffing them with armed guards.

“We have to have some minimum requirements,” DeLaney said. “The Florida law identifies the high-risk stores and puts them under a different and more strict regime. It’s not perfect but it’s a pretty good compromise.”

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