Current through Register Vol. 35, No. 18, September 24, 2024
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.