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MSCA Newsletter NOVEMBER 2011 Minnesota Shopping Center Association Vol 25. No. 11 In this Issue OSHA Directive -------- FEATURE 1 TeaSource ------------ RISING STAR 3 Becker / Carland -- MEMBER PROFILES 5 Retail Report ------ COMMITTEE CHAT 6 Retail Investment - PROGRAM RECAP 6 Connection Feature Guest Authors: Nicole Truso & John Polley, Faegre & Benson LLP Recent OSHA Directive May Impact Retail and Other Commercial Activities n September 8, 2011, OSHA issued a compliance Directive is the latest in an extensive history of OSHA directive (the “Directive”) on workplace violence examining the issues associated with workplace violence. In that outlines enforcement procedures for OSHA field 1996, OSHA issued a set of guidelines for preventing Oofficers in determining whether and how to investigate workplace violence for health care and social service employers for instances of alleged workplace violence. This workers, followed by a set of recommendations for late- Directive will have implications on how employers and night retail workplaces in 1998. However, th ere were few building owners view, design, and use their facilities in ways citations publicized in the years after these guidelines were to reduce workplace violence, especially those facilities issued. Under the Obama administration, OSHA has issued most prone to workplace violence, such as retail and several citations addressing workplace violence, hospital facilities. demonstrating a heightened interest in the subject. OSHA and Workplace Violence Many commercial and retail buildings could be included in the categories of workplaces that OSHA is most concerned Relying on OSHA’s General Duty Clause (which requires with. The Directive identifies several broad categories of employers to maintain workplaces “free from recognized workplaces that OSHA says are prone to workplace hazards that are causing or are likely to cause death or violence, including sites where employees work with the serious physical harm”), OSHA may cite and fine employers public or volatile, unstable people, sites where employees for failing to provide workers with adequate safeguards work alone or in isolated areas, sites were employees handle against workplace violence after an investigation. The Snapshot Location: SWQ of the new Hwy 212 and Hwy 101 crossroads of Month/Year Opened: Kwik Trip is now open, and Primrose Schools will open 2012. Additional retail/restaurants projected to open chanhassen summer 2012. Owner: Kraus-Anderson, Incorporated Developer: Mike Korsh, Kraus-Anderson Realty Company Leasing Agent: Dave Stalsberg & Jim Stimmler Kraus-Anderson Realty Company; (952) 881-8166 Architect: Architectural Consortiu m, LLC Construction Contractor: Kraus-Anderson GLA: Approximately 75,000 sf of freestanding and multi-tenant retail and professional/medical office space Demographics: 113,194 residents within a 5-mile radius with a median household income of $123,925 Market Area Served: Chanhassen, Chaska, Eden Prairie, Victoria, Shakopee, Minnetonka Additional Facts/Narrative: New development, now pre-leasing, along Hwy 212 at Hwy 101. Located across from the SW Transit Park & Ride and near the Chanhassen High School. BTS opportunities and pad sites available for sale. Fantastic median household incomes. msca-online.com 1 MSCA Connection November 2011 Recent OSHA Directive - continued money or valuables, and knew of potential hazards. sites at which employees Employers should note provide services and care. employees’ concerns 2011 Sponsors The Directive goes on to EMPLOYERS IN LATE about workplace violence ACI Asphalt Contractors, Inc. describe other factors that NIGHT RETAIL and analyze whether or American Engineering Testing, Inc. can create the likelihood INDUSTRIES, OR not a complaint presents Aspen Waste Systems, Inc. of workplace violence, RETAIL STORES a legitimate risk that the Bremer Bank, N.A. such as working late at employer should seek to Brookfield night or working in areas WHERE EMPLOYEES remedy. CB Richard Ellis with high crime rates. WORK SHIFTS CSM Properties Implement Chuck & Don's Pet Food Outlet OSHA’s directive focuses ALONE, SHOULD PAY Cushman & Wakefield/NorthMarq reasonable safety on two primary questions PARTICULAR Real Estate Services to determine whether or mechanisms Doran Construction Faegre & Benson LLP not an investigation or ATTENTION TO Following a review of Fendler Patterson Construction, Inc. citation is appropriate: POTENTIAL RISKS... potential hazards, OSHA Fredrikson & Byron, P.A. (1) Did the employer posits that the employer Gray Plant Mooty recognize potential should take reasonable Great Clips, Inc. hazards in the workplace? steps to implement safety H.J. Development, Inc. and (2) Are there feasible means of mechanisms to minimize or eliminate those Inland Real Estate Corporation preventing or minimizing such hazards? Jones Lang LaSalle risks. For existing buildings, implementing Kraus-And erson Companies Building owners and managers can take safety mechanisms may be as simple as Larkin Hoffman Daly & Lindgren Ltd. preventative steps prior to any incidents to adding lighting, door locks, or security Lawn Ranger keep employees safe and minimize the risk alarm systems, or instructing employees to Leonard, Street and Deinard M & I Bank of investigations or citations by OSHA. park within view of the building. For new facilities, safety can be taken into account MFRA, Inc. when designing and planning areas where McGladrey Analyze potential workplace Messerli & Kramer P.A. employees interact with the public or hazards Mid-America Real Estate – limiting isolated areas. Employers should Minnesota, LLC A significant portion of the Directive take care to document the potential Midwest Maintenance & encourages field officers to investigate an hazards and the steps that were taken to Mechanical, Inc. employer’s recognition of the risk for minimize the risk of such hazards. Minneapolis/St. Paul Business workplace violence. Building owners and Journal Minnesota Real Estate Journal managers should conduct assessments of Employers should also consider whether or not a formal workplace violence Oppidan, Inc. the risk of workplace violence at their The Opus Group prevention program is appropriate. facilities. A simple walk-through can reveal Paster Enterprises potential hazards, such as burnt-out lights, (Violence prevention programs are not RLK Incorporated isolated employee parking facilities, and mandated by federal or Minnesota law, but Reliable Property Services broken door locks. California, Illinois, Maine, New Jersey, New Reliance Development Company, LLP York, Oregon, Washington, and West Robert Muir Company OSHA says that employers should be aware Virginia all require various forms of such Ryan Companies US, Inc. of potential hazards because of specific programs for all or certain kinds of TCFB ank past incidents, characteristics of the facility, TCI Architects/Engineers/ employers.) A formal violence prevention Contractor, Inc. or general industry-wide knowledge of the program may not be practical for all Target Corporation potential of workplace violence. Employers facilities; however, employers should U.S. Bank in late-night retail industries or retail stores consider whether a simple version could be United Properties where employees work shifts alone should implemented in their organization. Venture Mortgage Corporation pay particular attention to potential risks, as Wells Fargo Bank, N.A. OSHA will likely deem these industries to be Training and Recordkeeping Welsh Companies on notice of the potential for workplace Westwood Professional Services, Inc. Beyond pursuing building improvements to Wipfli LLP-CPAs & Consultants violence in light of OSHA’s published minimize the risk of workplace violence, guidance. Employers will also be deemed OSHA encourages training programs to to know that a workplace is prone to educate employees on the known risks for violence if multiple incidents of violence workplace violence and the steps that can have occurred in the past. The directive be taken by employees to minimize the instructs field officers to look beyond OSHA- potential for workplace violence. Employers Reminder reported events to evaluate workers’ should make employees aware of the Daylight compensation records, insurance reports, known risks that an employer has identified Savings police reports, security reports, first-aid logs, in the workplace (such as isolated Time and accident logs in order to determine employee parking areas) and instruct Ends whether or not an employer had notice employees on the procedures and November 6, 2011 that violence was a hazard at the facility. mechanisms in place to help them diminish Additionally, employee complaints may risk and the appropriate response should an cause OSHA to conclude that the employer continued on page 7 MSCA Connection November 2011 msca-online.com 2 Rising Star by Sue Wilson, CBRE Featured TeaSource Sponsors eaSource, a Minnesota- Fendler Patterson based specialty tea Construction, Inc. wholesale and retail A “true” design-build general Tcompany, was founded by Bill contractor providing Waddington 14 years ago. He imports some exceptional retail based on quality, service and of the finest teas from around the world, accountability. provides tea services in three retail locations and sells tea to 450 wholesale Larkin Hoffman Daly & customers all across North America. Lindgren Ltd. Larkin, Hoffman, Daly & Bill discovered the tea world when he was Lindgren, Ltd. is a full-service in college and, for 10 years,
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