Category Archives: Food Illnesses

Hospitality Industry Legal Risks: Washington State Supreme Court To Hear Restaurant Operator's "Products Liability And Negligence Lawsuit"; Employee "Spat On Hamburger"

An appeals court asked a state supreme court for help in deciding whether to revive a case by a police officer against Burger King over a Whopper he says a worker spat on.

Bylsma sued Burger King and restaurant operator Kaizen Restaurants Inc under products liability and negligence laws. He said he suffered ongoing emotional trauma from the incident, including vomiting, nausea, food anxiety and insomnia that required professional help.

The U.S. Court of Appeals for the 9th Circuit on Wednesday asked the Washington Supreme Court to clarify whether Washington law would allow the officer to recover damages for emotional harm when he only touched, but did not eat, the contaminated burger.

Clark County Sheriff’s Deputy Edward Bylsma said in the lawsuit that he drove his police cruiser through a Burger King drive-thru in Vancouver, Washington, in March 2009. He had “uneasy feeling” about the two employees that served him, the complaint said. When Bylsma later examined the burger, he noticed a large glob of spit on the meat patty. He touched the substance, but did not eat the burger.

DNA testing revealed the saliva belonged to one of the Burger King employees, who pled guilty to assault and was sentenced to 90 days in jail, the court opinion said.

For more: http://newsandinsight.thomsonreuters.com/Legal/News/2012/01_-_January/9th_Circuit_asks_state_court_to_weigh_in_on_Whopper_spit_suit/

Comments Off on Hospitality Industry Legal Risks: Washington State Supreme Court To Hear Restaurant Operator's "Products Liability And Negligence Lawsuit"; Employee "Spat On Hamburger"

Filed under Claims, Employment Practices Liability, Food Illnesses, Guest Issues, Health, Injuries, Insurance, Labor Issues, Liability, Risk Management

Hospitality Industry Food Safety: "Top Restaurant In America" Fails Inspection By Chicago's "Food Protection Division"; Results Posted On New "Online Reporting System"

“…the most common infraction is improper food temperatures…what’s important is how quickly they are corrected…”

Beginning this November the City of Chicago made it easy for residents to check in on the health and safety record of their favorite restaurants with a robust and detailed web site. At the end of November a surprising entry showed up on the city’s newly launched site: the Michelin-starred Alinea restaurant failed a November 30 inspection.(Full disclosure, their four violations were immediately corrected.)

CLICK ON "CHICAGO" TO VIEW INSPECTIONS WEBSITE

Alinea is often referred to as the best restaurant in America, and its chef, Grant Achatz, draws rock star acclaim for his culinary inventiveness.

But it’s not immune to heatlh department inspections. According to the report on Cityofchicago.org, Alinea was less than stellar on its food safety to close the month of November. No one from Alinea was available for comment by press time.

  • Inspectors observed black mold growing on interior surfaces of the ice machine.
  • Inspectors observed employees failing to properly wash hands.
  • Inspectors observed hazardous food storage of purple cabbage and potato soup.

 All of the items in the November 30 report were corrected immediately, according to Public Health Commissioner Bechara Choucair.

That’s the benefit of the new city website, however. In the past, restaurants who failed inspection were listed on a pass/fail basis. The new web site allows users to dive into information and find out exactly what violations face the restaurant.

Source: http://www.nbcchicago.com/news/health/City-of-Chicago-Health-Departments-Online-List-Exposes-Alinea-135875908.html#ixzz1hBJvbBFy

Comments Off on Hospitality Industry Food Safety: "Top Restaurant In America" Fails Inspection By Chicago's "Food Protection Division"; Results Posted On New "Online Reporting System"

Filed under Food Illnesses, Guest Issues, Health, Labor Issues, Liability, Maintenance, Management And Ownership, Risk Management, Training

Hospitality Industry Food Safety: The "2009 FDA Food Code" Established New Federal Standards Limiting Handling Of Foods With "Bare Hands", Lowered Refrigeration Temperatures

“…The United States Food and Drug Administration (FDA) Food Code (established) a new set of federal standards in 2009…multiple federal agencies, with input from business interests…(made) several changes in how health inspections are conducted…”

CLICK ON "FDA" TO VIEW FDA FOOD CODE

  • Restaurants will have to put date markers on all food containers in their refrigerators and freezers
  • Prepared food may be kept for no more than four or seven days, depending on the temperature to which it’s chilled
  • Cooks and kitchen help will no longer be allowed to touch ready-to-eat foods with their bare hands
  • Gloves must be used
  • The standard is minimal bare-hand contact
  • Refrigeration standards are being tightened
  • Potentially hazardous foods – those that can make you sick if you’re not careful – must be chilled to 41 degrees

For more:  http://www.starnewsonline.com/article/20111210/articles/111219993?p=1&tc=pg

Comments Off on Hospitality Industry Food Safety: The "2009 FDA Food Code" Established New Federal Standards Limiting Handling Of Foods With "Bare Hands", Lowered Refrigeration Temperatures

Filed under Food Illnesses, Guest Issues, Health, Insurance, Labor Issues, Management And Ownership, Risk Management

Hospitality Industry Insurance Solutions: "Hotel Reputation" Insurance Policies Can Now Provide Hotel Owners With Protection For "Brand Damage" From Guest Injuries, Food Poisoning And Health Risks"

The Hotel Reputation Protection 2.0 policy will protect hotels against a range of common causes of brand damage such as death or permanent physical disability of a guest, food poisoning and outbreaks of Norovirus and Legionnaire’s disease.

 The Willis-Kiln product will provide cover for lost revenue based on RevPAR figures. RevPAR is a performance metric used in the hotel industry to measure revenue per available room. The policy will also cover the cost of hiring a crisis management consultant following a potentially reputation damaging incident. Laurie Fraser, global markets leisure practice leader for Willis, said: “In the extremely competitive hotel industry, reputation accounts for approximately 30-40% of a business’s overall worth.

 Read more: http://www.insuranceage.co.uk/insurance-age/news/2116523/willis-kiln-launch-protection-policy-hotels#ixzz1aZw3mowj Insurance Age – Serving the broker community. Claim your free subscriptions today.

2 Comments

Filed under Food Illnesses, Guest Issues, Health, Injuries, Insurance, Liability, Management And Ownership, Risk Management

P3 Hospitality Industry Risk Report: "Food Poisoning Claims" Discussed By Todd Seiders, Director Of Risk Management For Petra Risk Solutions (Video)

[youtube=http://www.youtube.com/watch?v=lNI4lz7_scE]

Petra Risk Solutions’ Director of Risk Management, Todd Seiders, offers a P3 Hospitality Risk Report – ‘Food Poisoning Claims’.

P3 ( Petra Plus Process) is the Risk Management Division of Petra Risk Solutions – America ’s largest independent insurance brokerage devoted exclusively to the hospitality marketplace.

For more information on Petra and P3 visit petrarisksolutions.com or call 800.466.8951.

Comments Off on P3 Hospitality Industry Risk Report: "Food Poisoning Claims" Discussed By Todd Seiders, Director Of Risk Management For Petra Risk Solutions (Video)

Filed under Food Illnesses, Guest Issues, Health, Insurance, Liability, Management And Ownership, Risk Management, Training

Hospitality Industry Health Risks: Hotel Management Must Make Guest Room "Cleanliness" A Priority As Mattresses, Bed Covers And Bathroom Sink Areas Are Havens For Germs

“…In hotel rooms that aren’t properly disinfected, some of the germiest areas tend to be the faucet and sink areas, the flusher of the toilet, the underside of the toilet seat and the shower floor…”

“The first thing I do when I stay at a hotel is remove the comforter and store it in the closet.”

When it comes to hotel bedding, allergens are the biggest problem for guests, Tierno said. Evidence of bedbugs is an immediate dealbreaker for Tierno, but we’ll leave them out of the picture here since that problem is closely related to the presence of guests, not germs.

You can probably imagine what might be lurking in the mattress, but here’s a sampling for those who hesitated: skin cells (when humans sleep they shed about 1.5 million cells or cell clusters an hour), human hair, bodily secretions, fungi, bacteria, dust, dust mites, lint, insect parts, pollen, cosmetics … and more.

Some of the newer hotels use the type of impervious, waterproof covers Tierno carries with him, but most don’t, he said. While the covers were developed for allergy sufferers, Tierno encourages everyone to use them at home and on the road. Ask when you reserve if the hotel uses allergy barriers on beds.

And definitely ditch the bedspread, Tierno advises.

Hotel bedspreads became a hot topic when one featuring bodily fluids from several sources was introduced in boxer Mike Tyson’s 1992 rape trial. The American Hotel & Lodging Association got so many queries at the time that it came out with a statement saying the Centers for Disease Control and Prevention “has NEVER identified, seen, or classified ANY significant disease outbreak in hotel or motel rooms as a result of hotel bedspreads and blankets.”

While many hotels have followed in the footsteps of Westin Hotels and Resorts, adopting a duvet model of bedding mimicking the brand’s Heavenly Bed, plenty of chains on the lower end still use quilted bedspreads.

For more:  http://www.cnn.com/2011/TRAVEL/02/25/hotel.hygiene/#

Comments Off on Hospitality Industry Health Risks: Hotel Management Must Make Guest Room "Cleanliness" A Priority As Mattresses, Bed Covers And Bathroom Sink Areas Are Havens For Germs

Filed under Food Illnesses, Guest Issues, Health, Liability, Management And Ownership, Risk Management, Training

Hotel Industry Health Risks: Hotels Owners Must Act To Eliminate "Sick Building Syndrome" (SBS) Including "Inadequate Ventilation", Indoor And Outdoor "Chemical Contaninants" And Biological Contamination

“Sick Building Syndrome” (SBS) is defined as building occupants experiencing acute health and comfort effects that appear to be linked to time spent in a building, but no specific illness or cause can be identified.

  • Inadequate ventilation: ASHRAE recently revised its ventilation standard to provide a minimum of 15 cfm of outdoor air per person in non-smoking areas. ASHRAE is attempting to balance energy consumption with an adequate IAQ. If you have an existing hotel, an engineered study of ventilation will give you all of the information you need to make adjustments as needed.
  • Chemical contaminants: Research clearly shows that V.O.C.’s (volatile organic compounds) can cause chronic and acute health effects at even low concentrations, and many V.O.C.’s are known carcinogens. This is why LEED standards address V.O.C.’s as found in adhesives, carpeting, upholstery, manufactured wood products, copy machines, pesticides and cleaning agents. Your “green” advisor can assist with low or no V.O.C. options for your hotel. GreenSeal.org can provide all of the details you need.
  • Chemical contaminants from outdoor sources: This includes motor vehicle exhaust, plumbing vents and building exhausts (from kitchens or bathrooms, for example) and combustion products from a parking garage. Air intake vents must be carefully located to avoid these sources of contamination.
  • Biological contamination: These include bacteria, molds, pollen and viruses. Unfortunately, hoteliers are all too familiar with the history of hotel-borne Legionnaire’s Disease, and as such, must be vigilant in testing our cooling towers and indoor decorative fountains.

For more:  http://www.hospitalitynet.org/news/154000320/4049708.search?query=hotel+pool+water+illness

2 Comments

Filed under Food Illnesses, Guest Issues, Health, Insurance, Liability, Management And Ownership, Risk Management, Training

Hospitality Industry Health Risks: Hotel Spas And Restaurants Must Review And Improve Air Quality And Purification Systems To Limit “Volatile Organic Compound” (VOC) Health Risks To Guests And Employees

Spas and Salons across the Country have demonstrated increasing evidence of illnesses affecting employees, customers, and even children due to the presence of Volatile Organic Compounds (“VOC”) emitted by a variety of hair, nail and other personal grooming treatments, in many instances with little or no air purification whatsoever provided.

Restaurants generally prove vulnerable to poor indoor air quality, particularly with respect to the use of cleaning solvents in the dining room and bar areas, as well as the possibility for odors, mold and mildew that can plague food preparation areas.

In the personal grooming arena, Spas and Salons across the Country have demonstrated increasing evidence of illnesses affecting employees, customers, and even children due to the presence of Volatile Organic Compounds (“VOC”) emitted by a variety of hair, nail and other personal grooming treatments, in many instances with little or no air purification whatsoever provided.

“There are serious ramifications building across the Country due to the lack of education on how damaging these contaminants are to the long term health of the people that are breathing them on a regular basis,” said Jack Lennon, President of UV Flu Technologies. “We are contacted on a weekly basis by parents, as well as workers and customers, who have experienced symptoms of illness themselves, or whose children have experienced negative effects while certain treatments were underway with no air purification in evidence, or with non-functioning air purifiers being used.”

“A particularly troubling aspect is that many of these individuals breathing these VOC’s are at young ages critical to the development of their heart and lungs,” continues Mr. Lennon, “Some of these popular hair treatments have been shown recently to contain up to 20% formaldehyde, while acetone and benzene are being used for nails. These contaminants are known carcinogens, and salons who are not addressing the concerns of their employees and customers are not only facing a loss of business, but the risk of litigation, as well as potential legislation.”

For more:  http://www.marketwatch.com/story/uv-flu-technologies-identifies-new-prospects-for-uv-400-air-purifier-with-rising-health-concerns-within-hospitality-market-segments-2010-11-16?reflink=MW_news_stmp

Comments Off on Hospitality Industry Health Risks: Hotel Spas And Restaurants Must Review And Improve Air Quality And Purification Systems To Limit “Volatile Organic Compound” (VOC) Health Risks To Guests And Employees

Filed under Food Illnesses, Guest Issues, Health, Injuries, Insurance, Liability, Maintenance, Management And Ownership, Pool And Spa, Risk Management, Training

Hospitality Industry Food Safety: U.S. Food And Drug Administration (FDA) Is Recommending Restaurant Operators To Employ A Certified Food Protection Manager

 Calling for continued improvements in food safety, the U.S. Food and Drug Administration (FDA) recommended that all restaurants and retailers employ certified food protection managers, according to a report by Nation’s Restaurant News.

Donald Kraemer, the FDA’s acting deputy director for operations, told Nation’s Restaurant News that the agency plans to add a provision requiring restaurants to employ certified food protection managers to a future edition of the federal “FDA Model Food Code.”

The recommendation, which was met with support from both the National Restaurant Association and the National Council of Chain Restaurants, came Friday as the agency released the results of a 10-year study of retail food risk factors. While the study found overall improvement, the FDA said the presence of a certified food protection manager correlated with significantly higher compliance levels with food safety practices, the report stated.

“In looking at the data, it is quite clear that having a certified food protection manager on the job makes a difference,” said Michael R. Taylor, the FDA’s deputy commissioner for foods. “Some states and localities require certified food protection managers already, and many in the retail industry employ them voluntarily as a matter of good practice. We think it should become common practice.”

The FDA has no timeline for adding a food protection manager provision to the Food Code, but Kraemer said the agency will work to that end through normal channels involving the Conference for Food Protection (CFP). The CFP provides the FDA with input and recommendations, and is made up of members of foodservice trade groups, the food industry, government, academia and consumer organizations. The group meets biennially and convenes next in 2012.

NRA spokesman Mike Donohue said 24 states currently require restaurants to have certified food protection managers. He added that in the other 26 states, some local jurisdictions may have requirements for the employment of such specialized employees, or the state may require such a hire for a specific restaurant or chain that has had food safety problems.

Taking the concept further, some states — including Oregon and, beginning next year, California — require all food handlers to undergo basic safety training and pass an exam attesting to their understanding of the coursework, according to the report.

The FDA’s 10-year study of retail food risk factors found full-service restaurants with certified food protection managers had a 70-percent compliance rate with food safety practices, vs. a 58-percent compliance rate at restaurants without such an employee. In delicatessens, compliance was 79 percent with a manager, compared to 64 percent without, the FDA reported.

Comments Off on Hospitality Industry Food Safety: U.S. Food And Drug Administration (FDA) Is Recommending Restaurant Operators To Employ A Certified Food Protection Manager

Filed under Food Illnesses, Guest Issues, Health, Management And Ownership, Risk Management, Training

Hotel Industry Water Safety Risks: Hotel Management Must Check Water Filtration Systems Regularly To Eliminate Risk Of Legionella Bacteria

“We did find Legionella in the water system of the hotel,” said Vincent Conte, deputy director of epidemiology, disease control and immunization services at the health department.
 
Health officials praised the hotel’s owner and management for their quick response to the crisis and efforts to disinfect the water supply and system in the 54-story, 677-unit building opened in December 2008.

A study by the Miami-Dade County Health Department released Tuesday found seven confirmed and three “probable” cases of people who contracted the water-borne Legionnaires’ disease after staying at the luxurious Epic Hotel and Residences last fall.

In addition, one man, a 57-year-old tourist from England, died in November.

Seven of the ill hotel guests have fully recovered and three others are in the process of recovering, county officials said. One of the guests was from Germany and another from Spain.

None were Miami-Dade residents.

The only connection between the tourists is that they stayed at the Epic Hotel, health officials said.

Their complex investigation focused on the water at the hotel and condominium development at 270 Biscayne Blvd. Way in downtown Miami.

While county health officials said they were not able to prove “100 percent” that the filtered water at the hotel caused the disease, Legionella bacteria was found in 23 of 25 cultures collected by the hotel’s contractor. Similar results were found in the health department samples.

Read more: http://www.miamiherald.com/2010/09/01/1801654/study-links-legionnaires-cases.html#ixzz0yI5crfY9

Comments Off on Hotel Industry Water Safety Risks: Hotel Management Must Check Water Filtration Systems Regularly To Eliminate Risk Of Legionella Bacteria

Filed under Food Illnesses, Health, Injuries, Insurance, Pool And Spa, Risk Management, Training