Category Archives: Health

by | March 20, 2013 · 6:01 am

Hospitality Industry Health Risks: Tennessee Hotel Housekeepers Hospitalized After “Exposure To Carbon Monoxide” In Basement Laundry Room

hotel Carbon Monoxide Poisoning“…two housekeepers were in a basement laundry room when they began feeling dizzy and nauseous. One of the house keepers got physically sick…both women were taken to Memorial Hospital Hixson for treatment…”

Two Holiday Inn Express employees fell ill over suspected exposure to carbon monoxide. Officials with the Chattanooga Fire Department say they responded to the Holiday Inn Express on Hixson Pike around 10:30 a.m. Tuesday.

Firefighters evacuated the building. They used gas monitors to check the building and found elevated levels of carbon monoxide. The building was ventilated and aired and deemed safe to return to.

For more:  http://www.wrcbtv.com/story/21722645/2-motel-employees-fall-ill-after-carbon-monoxide-exposure

Motel management and Chattanooga Gas officials are working to determine what caused the leak and repair it.

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by | March 11, 2013 · 8:08 am

Hospitality Industry Health Risks: Washington Restaurant Closed For Multiple Health Code Violations That Led To Food Poisoning Outbreak

“…(violations included)…foods not protected from cross contamination, poor personal hygiene practices and Restaurant Health Code Violationsinsufficient handwashing; equipment not properly sanitized, handwashing facilities not working and an imminent health hazard: establishment linked to a foodborne illness outbreak…”

The Ambassel Bar and Restaurant on Jefferson Street in Seattle, Washington has been closed by health authorities after they discovered several health violations and associated it with a food poisoning outbreak. Public information officer for the Seattle and King County Health Department Katie Ross told Food Poisoning Bulletin that they are aware of two cases of E. coli associated with this restaurant in mid-February. She said that both cases were adults. One person was “briefly hospitalized” and both have recovered.

Seattle and King County health authorities closed the restaurant, which serves Ethiopian food, after a number of food safety violations were discovered and patrons who ate at the restaurant became ill.  Five violations were listed on the notification of closure.

Restaurant employees are a contributing factor in more than 65 percent of all foodborne illness outbreaks in the U.S.,  according to the U.S. Food and Drug Administration (FDA).  Bacteria that causes disease can be transmitted directly from an infected food employee through food. That’s why restaurant employee health and personal hygiene are so important.

For more:  http://foodpoisoningbulletin.com/2013/food-poisoning-outbreak-closes-ambassel-restaurant-in-seattle/

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by | February 28, 2013 · 7:43 am

Hospitality Industry Legal Risks: New York Restaurant And Nightclub Sued By Employee For “Significant Hearing Loss”; Music Volume At 96 Decibels

“…(the club) began offering its employees earplugs and hearing tests…it was then that she discovered her hearing loss. Initially, she said, one of the club’s executives said she could probably work at the door, but she Hospitality Industry Injury Lawsuitswas later told that would not happen. She was also charged retroactively, she said, for additional tests and treatment related to her hearing damage…”

Alexis Clemente knew the music was extraordinarily loud at Lavo, the celebrity playpen in Midtown Manhattan where she worked for two years as a hostess. Ms. Clemente had significant hearing loss in her right ear, most likely caused by noise exposure, an audiologist found. She was told to immediately stop working in loud environments to prevent it from getting worse.

After the test, she told her supervisors about the results, she said, and asked to be placed at the door, slightly removed from the din. But her employers refused, she said, failed to offer her another position, fired her and canceled her health insurance.

This week, she sued. The suit, filed in State Supreme Court in Manhattan, was reported this week by The New York Post.

She often complained about the noise, she said, but her employers did not take action until last summer, after The Times recorded and reported volumes averaging 96 decibels, akin to a power mower, in Lavo’s restaurant. Legally, workers should not be exposed to that volume for over three and a half hours without ear protection. And Lavo employees said the volumes at the downstairs club were far worse.

For more:  http://www.nytimes.com/2013/02/28/nyregion/ex-hostess-at-lavo-sues-claiming-loud-music-damaged-her-hearing.html?_r=0

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by | February 26, 2013 · 7:14 am

Hospitality Industry Health Risks: Florida Hotel Guests Hospitalized With “Flu-Like Symptoms” Were Exposed To High-Levels Of Carbon Monoxide; Broken Exhaust Fans In Boiler Room Caused Gas To Build Up For Days

 “…broken exhaust fans in the building’s boiler room allowed the room to fill with carbon monoxide…a guest staying (next to boiler room) was hospitalized for similar (flu-like) symptoms…but no one made the connection hotel Carbon Monoxide Poisoningto carbon monoxide exposure, and the guest was not tested…firefighters suspect the carbon monoxide level was high since Friday or earlier…”

Guests at a south Fort Myers hotel may have been exposed to dangerous levels of carbon monoxide at least three days before the building was evacuated Monday. Firefighters responded to Crestwood Suites Extended Lodging off U.S. 41 around 12:45 p.m. Monday and discovered high levels of the deadly gas.

Guests were allowed back inside after firefighters shut off the gas and ventilated the building, but two people were hospitalized for exposure. The two hospitalized guests, who were staying near the boiler room, are in good condition and were hospitalized for observation as a precaution, Knudsen said.

Knudsen said firefighters checked carbon monoxide levels after the two guests called Lee County EMS complaining of flu-like symptoms. Responding firefighters noticed the guests’ proximity to the boiler room and suspected their symptoms were caused by an environmental factor.

Firefighters measured the carbon monoxide level in the boiler room at 2,000 parts per million, and in the lobby at 300 parts per million. Exposure to anything above 600 parts per million carries a high risk of death, according to the Agency for Toxic Substances & Disease Registry website. Patients can experience symptoms including drowsiness, weakness, nausea, headaches and coma at levels of 160 to 1,000.

For more:  http://www.news-press.com/article/20130226/NEWS0117/302260021/Cause-guests-flu-south-Fort-Myers-hotel-Carbon-monoxide

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by | February 22, 2013 · 6:54 am

Hospitality Industry Legal Risks: Restaurant Owners Increasingly Targeted With EEOC Lawsuits Over “Family Medical Leave Act” Liability; Employees Who Use Up “Available Paid Sick Leave” Assert Disability Rights

“…Previously, if an employee had exhausted all twelve weeks of FMLA leave and any other available leave, they could be terminated without employer liability…however, the EEOC recently has taken the position that Paid Sick Leave In Hospitality Industryonce leave is exhausted under the FMLA, this can trigger an employer’s affirmative duty to provide a reasonable accommodation  to an employee’s disability, which can include providing additional leave..”

For 2013, food service employers can expect a continued aggressive approach from the Equal Empoyments Opportunity Commission (“EEOC”) as to violations of the Americans with Disabilities Act (“ADA”) in the restaurant industry.  The significant increase of ADA charges and lawsuits by the EEOC and private claimants, which began in early 2012, shows little sign of abating in the new year.

Back in 2008, Congress passed the Americans with Disabilities Act Amendment Act (“ADAAA”), which was intended to counter a series of U.S. Supreme Court decisions that significantly limited employees’ ability to assert and prevail in disability lawsuits.  Under the ADAAA, and the EEOC’s final regulations, approved in 2011, the definition of what constitutes a disability was significantly broadened.  As a result, employees who previously would not have been considered disabledEEOC under the ADA, now fall under its statutory protections.  Prior to the amended Act, employers could often prevail in litigation on the basis of whether the employee actually was considered disabled under the narrow interpretations of the Supreme Court decisions.  With the new broad definition, most cases now hinge on whether the employer reasonably accommodated the employee’s disability..

One source of increased litigation and attention from the EEOC is when the ADA intersects with the Family and Medical Leave Act (“FMLA”) as to leave for a serious medical condition.   Under this scenario, employees who were terminated after exhausting FMLA leave are asserting EEOC Charges and filing lawsuits under the ADA.  Employers are also being forced to agree to high dollar settlements with the EEOC to avoid the prospect of the federal agency filing suit on behalf of employees and former employees.

For more:  http://www.bluemaumau.org/surge_ada_disability_lawsuits_continue_2013_restaurant_and_food_service_employers_crosshairs

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by | February 13, 2013 · 7:30 am

Hospitality Industry Health Risks: Bedbug Infestations Rise In 2012 With Chicago, Detroit, Los Angeles And Denver Reporting Most Treatments

“…bedbugs continue to be a problem throughout the U.S…(there is a) need to be very cautious when we travel – Bed Bugs in Hotel Roomswhether it is business or pleasure, or to visit family, friends or vacation.”

Bedbugs are on the rise again in the U.S., which means business is booming for pest control companies like Orkin. With increased travel, both internationally and domestically, and higher bedbug resistance to existing pesticides, Orkin has seen an almost 33 percent boost in bedbug business compared to 2011.

The company has just released its rankings of U.S. cities in order of the number of bedbug treatments from January to December 2012. The “Windy City” of Chicago tops the list, followed by Detroit, Los Angeles, Denver and Cincinnati.

Here are the top 50 U.S. cities, ranked in order of the number of bedbug treatments.  The number in parenthesis is the shift in ranking compared to January to December 2011:

  1.     Chicago (+1)
  2.     Detroit (+1)
  3.     Los Angeles (+2)
  4.     Denver
  5.     Cincinnati (-4)
  6.     Columbus, Ohio
  7.     Washington, D.C. (+1)
  8.     Cleveland/Akron/Canton (+5)
  9.     Dallas/Ft. Worth (-2)
  10.     New York (-1)
  11.     Dayton, Ohio (+4)
  12.     Richmond/Petersburg, Va. (-2)
  13.     Seattle/Tacoma (+14)
  14.     San Francisco/Oakland/San Jose (-2)
  15.     Raleigh/Durham/Fayetteville, N.C. (+4)
  16.     Indianapolis (+15)
  17.     Omaha, Neb. (+11)
  18.     Houston (-7)
  19.     Milwaukee (+13)
  20.     Baltimore (-2)
  21.     Syracuse, N.Y. (+2)
  22.     Boston (-8)
  23.     Colorado Springs/Pueblo, Colo. (+2)
  24.     Lexington, Ky. (-2)
  25.     Miami/Ft. Lauderdale (-1)
  26.     Hartford/New Haven, Conn. (+10)
  27.     Knoxville, Tenn. (+11)
  28.     Buffalo, N.Y. (+1)
  29.     Atlanta (-8)
  30.     Louisville, Ky. (+5)
  31.     Charleston/Huntington, W. Va. (+18)
  32.     San Diego, Calif. (-6)
  33.     Cedar Rapids/Waterloo, Iowa (+12)
  34.     Minneapolis/St. Paul (+12)
  35.     Phoenix (-1)
  36.     Pittsburgh (-6)
  37.     Honolulu (-19)
  38.     Grand Rapids/Kalamazoo, Mich. (+1)
  39.     Grand Junction/Montrose, Colo. (-1)
  40.     Nashville, Tenn.
  41.     Lincoln/Hastings/Kearney, Neb. (+7)
  42.     Albany/Schenectady/Troy, N.Y. (+2)
  43.     Charlotte (-10)
  44.     Tampa/St. Petersburg, Fla.
  45.     Sacramento/Stockton/Modesto, Calif. (-4)
  46.     Las Vegas (-30)
  47.     Greenville/Spartanburg/Asheville, S.C.
  48.     Champaign/Springfield, Ill.
  49.     Portland, Or.
  50.     Sioux City, Iowa

For more: http://ehotelier.com/hospitality-news/item.php?id=A24912_0_11_0_M

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by | February 10, 2013 · 8:14 am

Hospitality Industry Health Risks: “Norovirus Food Poisoning” Class-Action Lawsuit Filed Against Wyoming Restaurant; Health Department Report Confirms Outbreak Source

“…according to the WDOH, 31 employees who worked at the Golden Corral restaurant were infected with norovirus while working…the lawsuit was filed on behalf of (those who) purchased food or drink at the Golden Norovirus OutbreakCorral Casper restaurant between November 20, 2012 and December 13, 2012 and (were exposed to) diarrhea and vomiting from multiple employees of the Golden Corral…”

Customers of the Casper, Wyoming Golden Corral filed a class action lawsuit against the restaurant Friday, alleging they were part of a norovirus food poisoning outbreak that was traced to food served at the restaurant in December. The lawsuit was filed in Federal District Court in Wyoming (Case Number 13CV024J) by Jason Ochs of The Ochs Law Firm and William Marler of Marler Clark.

According to a Wyoming Department of Health (WDOH) report, at least 305 patrons of the Casper Golden Corral restaurant became ill with norovirus infections after eating at the restaurant between November 17, 2012 and December 19, 2012. Norovirus infection causes nausea, diarrhea and/or vomiting and is highly infectious. Investigators from the Wyoming Department of Health Infectious Disease Epidemiology Program and Casper-Natrona County Health Department stated in their report that they were not able to determine exactly how norovirus was introduced to the restaurant, but said ill food-handlers could have contributed to the spread of norovirus among Golden Corral patrons.

The complaint states that named plaintiff Paul Feyhl, a Casper resident, ate at the Golden Corral restaurant on December 8, 2012 and subsequently fell ill with norovirus. According to court documents, the lawsuit was filed on behalf of Mr. Feyhl and “others similarly situated” who purchased food or drink at the Golden Corral Casper restaurant between November 20, 2012 and December 13, 2012 and whose exposure to norovirus was caused by:

1.    Exposure from diarrhea and vomiting from multiple employees of the Golden Corral
2.    Consumption of contaminated food and drink prepared by Golden Corral employees
3.    Exposure to, or close proximity with, persons who ate food or drink at the Golden Corral restaurant or were exposed to the restaurant’s infected employees.

For more:  http://www.prweb.com/releases/2013/2/prweb10414517.htm

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by | January 28, 2013 · 10:29 am

Hospitality Industry Health Risks: Studies Show Restaurants Use Cheaper Fish And Mislabel As Red Snapper And White Tuna; Cheaper Fish Substitutes Are Higher Risks For Food Poisoning

In addition to permitting aquaculture operations to use drugs that are banned by other countries, and permits the sale of species that other countries don’t, the U.S. only minimally oversees imports. A Johns Hopkins study FDA food inspectionsshows that the U.S. inspects a miniscule 2 percent of the seafood that comes into the country. By comparison, Japan inspects 18 percent and the European Union inspects 50 percent.

If you’re a fish eater and you keep an eye on the news, you already know that the “red snapper” special at your local restaurant is probably mislabeled. For years, restaurants have been substituting cheaper, more common species like tilapia for the famed red snapper. Last year, however, DNA analyses showed that the problem is more widespread than anyone suspected: In Los Angeles, New York, New Jersey and Connecticut, studies showed that 100 percent of restaurants were serving cheaper fish and mislabeling them as red snapper. Similarly, white tuna, yellowtail, Dover sole and wild-caught salmon were also often substituted for other species.

Most of the time, price gouging is the only harm that comes from such mislabeling. Sometimes, however, the danger might be a bit higher. Recently, the U.S. Pharmacopeial Convention noted that much of the alleged “white tuna” served in sushi restaurants may actually be escolar, also known as “snake mackerel.” A cheap fish that may cause severe food poisoning with, shall we say, explosive results, escolar is banned in some countries.

For more:  http://www.dailyfinance.com/2013/01/26/fish-food-poisoning-seafood/

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by | January 27, 2013 · 9:59 am

Hospitality Industry Legal Risks: “Severe Food Allergies” Now Classified As A Disability Under ADA Law

“…the agreement says that food allergies may constitute a disability under the Americans With Disabilities Act, if they are severe enough. The definition was made possible under 2009 amendments to the disability law Americans wih disabilities actthat allowed for episodic impairments that substantially limit activity…restaurants who post their ingredients can help those with allergies decide whether they even want to buy the food…”

The new law that now classifies severe food allergy as a disability applies to those severely allergic to gluten, peanuts, shell fish, corn, wheat, and other food allergens. What it translates to is of interest to hospitals, colleges, and other institutions to offer food and put labels on those buffet bars letting people with severe food allergies know what’s in the food. The settlement relates to the disability law. Severe, not mild food allergies can be considered a disability under the law.

A public restaurant also could be liable for a lawsuit by a customer if the business ignored a customer’s request for certain foods. But if the customer had the courage to eat there, even out of spite, and that person became ill knowing the restaurant brushed off the one customer’s request for serving food to which the customer isn’t allergic, or food not containing the ingredient responsible for the severe allergy, that case might be harder to argue because the restaurant might say the customer became sick from food eaten elsewhere.

The restaurant would have to know the customer well enough to have served food for that particular customer enough times that the cooks and food handlers or servers would know the allergy requests of that particular customer. The problem with this argument is that turnover in restaurant employees would throw the customer a curve ball so to speak, since new food handlers or cooks wouldn’t know the customer by face or name unless they were told and remembered or saw where the lists of familiar customers with allergies were posted.

For more:  http://www.examiner.com/article/federal-disabilities-law-may-help-people-with-severe-food-allergies

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by | January 20, 2013 · 8:52 am

Hospitality Industry Employment Risks: Hotels And Restaurants Providing “Paid Sick Leave” Benefits Reduce Employee Illnesses, Work-Related Injuries And Turnover According To Latest Studies

“…it (is) better for an employee to call in sick, take care of their illness and not contaminate the other staff. The number of employees struggling to work while sick was drastically reduced. The H1N1 virus in 2009 Paid Sick Leave In Hospitality Industrydemonstrated the value of keeping sick employees out of the workplace…And best of all, according to the Centers for Disease Control, workers with paid sick leave are 28 percent less likely to suffer work-related injuries. People in construction, restaurants or hospitals who do physically demanding jobs are more likely to injure themselves (or someone else) if they are working while sick, weak and fatigued…”

The Bureau of Labor Statistics tells us that 39 percent of people employed in private industry do not have paid sick leave as a benefit.

And 81 percent of service workers earning $10.50 or less have no paid sick leave. These are the people behind the cash register, serving you food in a restaurant, cleaning offices and hotel rooms and handing you your ticket when you go out to see a movie.

The information comes from studies conducted by the Centers for Disease Control, the Bureau of Labor Statistics and the Women’s Institute of Policy Research study of San Francisco’s paid sick leave ordinance. Before San Francisco enacted its ordinance in 2007, the restaurants and mom-and-pop businesses fought hard to prevent it. They predicted the cost of paid sick days would put them out of business. In 2011 a detailed study was done and employers are happy their fears were not realized. There was no discernible increase in payroll costs.

Turnover decreased because employees didn’t need to change jobs to get paid sick leave. The city ordinance requiring paid sick leave leveled the field for all employers, and good employees stayed in place longer.

For more:  http://union-bulletin.com/news/2013/jan/19/sick-pay-benefits-employers-bottom-lines/

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