Category Archives: Health

Hospitality Industry Health Risks: Oregon Restaurants Fight New Rule Requiring Cooks To Wear Gloves Before Touching Food; Hand-Washing Practices Are Central Concern

“…the Oregon Health Authority’s Foodborne Illness Prevention department said the measure was created to prevent the spread of norovirus, the most common cause of food poisoning. It’s often spread through improper hand washing by employees after they use the bathroom… a 2003 health authority survey in which restaurant inspectors found at least one hand-washing violation at nearly two-thirds of Oregon eateries…”

Oregon restaurant owners and chefs recently earned a small victory, delaying by several months a new state rule that could make dining out more expensive, create waste and, despite its good intentions, do little to protect public health.

The rule, initially set to take effect Sunday, would require cooks to wear gloves or otherwise avoid touching food with their bare hands. But restaurant owners argued the requirement won’t prove safer than the state’s current rigorous hand-washing practices — and the science seems to back them up.

At least a half-dozen recent studies have concluded the same: Counterintuitively, wearing gloves does little to prevent the spread of bacteria compared with effective hand washing. Wearing gloves has been found to reduce the number of times people wash their hands, while warm, moist conditions create a hothouse for bacteria to grow. A 2005 report from the University of Oklahoma Health Sciences Center that analyzed grilled tortillas found more staph, coliform and other harmful bacteria on the samples prepared by workers wearing gloves.

“Gloves lead to a bulletproof-vest feeling,” said Bryan Steelman, owner of the Mexican eatery Por Que No? and among the restaurateurs leading the charge against the new rule. “Cooks think, ‘I have a glove on. I don’t need to wash my hands.'”

For more:  http://www.oregonlive.com/dining/index.ssf/2012/06/oregon_restaurateurs_fight_new.html

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

Hospitality Industry Health Risks: Oregon Hotel Sued For $26,000 By Guest Sickened By Hollandaise Sauce Served At Breakfast

“…(the hotel’s owner) settled complaints by two people in the outbreak…negotiations on the Stanley case deadlocked, prompting Falkenstein to file a lawsuit earlier this month in Multnomah County Circuit Court…(since becoming ill) he has racked up nearly $14,000 in medical expenses, according to the lawsuit. He is seeking to recover those expenses plus at least $26,000 in noneconomic damages…”

According to a state outbreak investigation, the 83-year-old six-term commissioner from North Carolina was one of seven people sickened after breakfast that morning at Crowne Plaza Hotel in Northeast Portland. All of them ate eggs benedict. An eighth person, who ordered eggs benedict but had the hollandaise sauce on the side and didn’t consume it, felt fine.  No one else got sick, pointing to the hollandaise sauce as the culprit.

But lab tests confirmed that Stanley — and another person hospitalized in the outbreak — were sickened by a strain of Staphylococcus aureus,  a bacterium commonly found on the skin and in the noses of healthy people. Certain strains produce toxins that can spark quick and acute gastro-intestinal symptoms.

Dr. Mathieu Tourdjman, lead Oregon epidemiologist investigating the outbreak, said the sauce became toxic because it was not kept hot enough. Unlike many other pathogens, the toxins produced by Staph cannot be killed by cooking. The only way to prevent foodborne Staph infections is by thorough hand washing and proper cooking. Food safety advocates recommend keeping cooked food warm at 140 degrees Fahrenheit or more.

For more:  http://www.oregonlive.com/portland/index.ssf/2012/06/portland_visitor_says_hotels_h.html

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Filed under Food Illnesses, Health, Insurance, Liability, Management And Ownership

Hospitality Industry Health Risks: Texas Hotel Temporarily Closed After Legionnaires' Disease Diagnosis

The SuperMedia Hotel and Conference Center, a hotel near the Dallas airport, closed temporarily this week after a guest was diagnosed with Legionnaires’ Disease. It is not yet known if the guest contracted the disease at the hotel or elsewhere, but the hotel closed temporarily while tests are being conducted.

“A guest at the hotel attached to SuperMedia’s offices was treated for Legionnaires’ disease and released from a nearby hospital. After the one case was initially reported to us, we took the precautionary step of asking our employees to work from alternate locations while the appropriate tests were being conducted. No other cases have been reported and we don’t know that this case originated from the hotel,” Andrew Shane, a  SuperMedia spokesperson, told Food Poisoning Bulletin.

Legionnaires’ Disease is a lung infection caused by Legionella bacteria which got its name when a number of people attending a 1976 American Legion convention in Philadelphia came down with the disease, according to the Centers for Disease Control and Prevention (CDC).

For more:  http://foodpoisoningbulletin.com/2012/legionnaires-case-shuts-down-dallas-hotel/

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Filed under Guest Issues, Health, Insurance, Maintenance, Management And Ownership, Risk Management

Hospitality Industry Health Hazards: Meth Labs Discovered At Hotels And Motels Force "Temporary Closure" As Tests And Contamination Cleanup Required; Process Can Take Weeks Or Even Months To Complete

Once a lab is discovered at a hotel or motel, owners must temporarily close their establishments while a contractor is called to test and cleanup the contamination. This process can take weeks and even months…If undetected, the poisonous chemicals in meth can circulate throughout a hotel and can lead to respiratory problems, skin and eye irritation, headaches nausea and dizziness. Short-term exposure to highly concentrated meth can cause severe lung damage and burns to various parts of the body.

Authorities say methamphetamine creation inside hotel rooms is increasing as crews work to test and clean the latest contamination closure in Kanawha County. Police and health officials have responded to at least 10 meth lab calls in hotels or motels in West Virginia since January, said Brandon Lewis, state program coordinator for the Clandestine Drug Laboratory Rehabilitation Program. In all of 2011, he said, only two or three labs were found at hotels.

Lewis said meth cooking inside these rooms is troublesome to owners and health officials alike — and it’s a problem that is not going away anytime soon.

On May 18, Kanawha County sheriff’s deputies discovered the most recent case at the Comfort Inn in Cross Lanes. Deputies arrested two suspects and charged them with attempting to operate a clandestine drug lab upon finding a Coleman fuel can and a bottle of nail polish remover, common substances used to make meth, inside their room.

The hotel remains closed until a hazardous-cleanup company can decontaminate the rooms to safe meth exposure levels, about 0.1 microgram of residue per 100 square centimeters.

For more:  http://sundaygazettemail.com/News/201205270138

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Filed under Crime, Guest Issues, Health, Insurance, Labor Issues, Maintenance, Management And Ownership

Hospitality Industry Legal Risks: Dept. Of Justice Extends Deadline For ADA "Pool Lifts" Requirements Until Jan 31, 2013; "Fixed Lift" Requirements Still Apply To Pools & Spas Under Construction Or Being Altered

“…the Department of Justice (DOJ) last night announced a substantial postponement of the ADA compliance date for existing pools and spas with ADA requirements for accessible entries.  The new compliance date – January 31, 2013 – is more than an additional nine months beyond the original date of March 15, 2012…”

“The extension is fair and sensible and the lodging industry supports it,” said AH&LA President/CEO Joe McInerney.

AH&LA began its efforts immediately after DOJ first announced in a guidance dated January 31, 2012 that pool lifts used to provide accessible entries into existing pools and spas must be “fixed” unless not “readily achievable,” next to the pool/spa at all times when the facilities are open, and cannot be shared between two bodies of water even if they are in the same location.  DOJ subsequently clarified that that “fixed” means attached to the pool deck in some way.  This means that “portable” lifts brought out upon request would not be acceptable, raising new concerns among members about safety risks and costs posed by “fixed” lifts.   The hospitality and business community viewed this announcement to be a significant change from the pool lift requirements issued by DOJ in its September 15, 2010 final regulations and began its intensive campaign to both reverse these substantive changes and delay the compliance date.

For more:  http://www.ahla.com/pressrelease.aspx?id=34522&hq_e=el&hq_m=1729871&hq_l=1&hq_v=e98908d08d

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Filed under Guest Issues, Health, Insurance, Legislation, Liability, Maintenance, Management And Ownership, Pool And Spa, Risk Management

Hospitality Industry Restaurant Safety: California Restaurant Playground Areas Face New "Sanitation And Safety Requirements Under State Assembly Bill; Must Post Inspection And Cleaning Plans

Under the bill, sponsored by Democrat Michael Allen of Santa Rosa, restaurants would be required to post signs informing customers that food is not allowed on play structures and to provide adults who ask copies of their playground inspection and cleaning plans.

Fast-food restaurants in California could face new sanitation and safety requirements for the playgrounds they install to attract children. The Assembly on Monday approved a bill that would expand food safety laws to cover the indoor and outdoor playgrounds.

Allen says the bill was promoted by research showing that restaurant playgrounds can be breeding grounds for illness-causing bacteria and are not always well-maintained.

Read more: http://www.sfgate.com/cgi-bin/article.cgi?f=/n/a/2012/05/14/state/n151405D10.DTL#ixzz1ux75aeHF

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

Hospitality Industry Legal Risks: Illinois Hotel Sued For $250,000 For "Bed Bug Infestation" During 2010 Stay; Violation Of "Consumer Fraud And Deceptive Practices Act" Alleged

The suit claims hotel employees did not warn guests of the bugs before they stayed in the hotel from March 19, 2010 through May 21, 2010, according to court documents.

A couple from Nashville, Tennessee is suing an O’Fallon hotel for more than $250,000 following an alleged infestation of bed bugs during their stay. The hotel’s attorneys are fighting to dismiss the case and the hotel manager says bed bugs are not a problem.

Antwaine and Woodrow Ross allege the Days Inn O’Fallon hotel knew the critters Cinex lectularius, commonly known as bed bugs due to their tendency to be found in bedding, infested their rooms.

The Rosses seek more than $50,000 from each of five counts, which include claims the hotel violated the Consumer Fraud and Deceptive Practices Act by concealing the infestation. Days Inn attorneys have filed a motion to dismiss four of the five counts claiming in part that the Rosses “misapprehend what constitutes a nuisance and a concurrent suit to stop an alleged nuisance” and they fail to show the Days Inn acted with “deliberate intention to harm.”

To prevent bed bug issues, the hotel states a program was instituted in 2010 that included:
• purchasing special box spring covers designed for bed bugs at a cost of $2,600 a piece,
• treating each with room approved anti-bed bug powder every three days,
• any room suspected of having bed bugs is locked down for three days and professionally treated,
• increasing the frequency of routine monthly extermination services,
• inspecting 5 to 10 rooms at random during each extermination service and providing a report to management, and
• cleaning each headboard with bleach.

Read more here: http://www.bnd.com/2012/05/10/2171520/days-inn-ofallon-sued-following.html#storylink=cpy

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Filed under Guest Issues, Health, Insurance, Liability, Maintenance, Management And Ownership

Hospitality Industry Legal Risks: Texas Hotel Sued By Former Conference Meetings Director For "Employment Discrimination"; Woman Claims Termination Due To Cancer Diagnosis

“…(the Texas woman) believes Crowne Plaza Hotel fired her because of insurance, knowing she had more follow-up surgeries required…(she) is now cancer free and has a new job, hopes to collect financial damages for medical bills and mental anguish…”

A Texas grandmother of five says she was wrongfully fired from her job because she got cancer. Now, she’s suing for employment discrimination.

Janet Hustus, 53, was working as the Conference Meetings Director for Crowne Plaza Houston in January 2011 when she was diagnosed with breast cancer. “I was devastated. When you hear those words it is very devastating,” Hustus said. “You have cancer, and you don’t know what to do. You have so many emotions.”

She went to her general manager a few days later to discuss her schedule and surgery dates. Hustus says Mathers assured her the company would work around her schedule and “support her any way possible,” including keeping her job open for her.

For more: http://abcnews.go.com/Business/texas-grandma-fired-cancer/story?id=16304786

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Filed under Employment Practices Liability, Health, Insurance, Labor Issues, Liability, Management And Ownership

Hospitality Industry Legal Risks: California Restaurant Found "40% Liable" In $2.5 Million Jury Award To Woman Who Had "Chicken Bone" Stuck In Her Throat While Eating

“…In a verdict delivered April 26 in Contra Costa County, a jury determined Foster Farms, which supplied the poultry for the chicken strips on the pizza, was 60 percent liable for her injuries and Pizza Bytes, which runs several Round Table restaurants in the San Francisco area, was 40 percent responsible…”

A California jury has ordered a poultry producer and a pizza restaurant franchisee to pay $2.5 million to a woman who got a chicken bone stuck in her throat. Calla Felicity, 59, told the Contra Costa Times damage from the bone has turned her from a healthy woman to someone who becomes completely exhausted after walking two blocks. She said she spent 33 days in the hospital immediately after the injury in 2010 with 11 operations and has been back in the hospital several times.

Felicity was eating a barbecued chicken pizza with her mother at a Round Table restaurant in South San Francisco when the bone got stuck.

Read more: http://www.upi.com/Top_News/US/2012/05/04/Woman-awarded-25M-for-chicken-bone/UPI-68391336149120/#ixzz1tvRtzM61

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

Hospitality Industry Health Risks: $6 Million "Negligence Lawsuit" Filed Against Maryland Hotel After "Legionnaires' Disease" Outbreak Confirmed In Water System

“…The lawsuit seeks damages of $6 million dollars, $5 million for negligence and $1 million for loss of consortium…”

“…The Virginia resident who filed the claim reportedly spent 6 weeks in the hospital suffering a number of severe medical conditions and that cost hundreds of thousands of dollars in medical bills…”

The Maryland Department of Health and Mental Hygiene announced the illnesses in October 2011, which occurred after the individuals stayed at an Ocean City hotel. The hotel was later closed for several days to perform tests on the water systems to try and locate the bacteria that cause the disease.  Earlier this month, it was reported that one of those who contracted Legionnaires’ disease while staying at the hotel has filed a lawsuit against the hotel. 

[youtube=http://www.youtube.com/watch?v=HB7g81JxCq0]

  • Each year, between 8,000 and 18,000 people are hospitalized with Legionnaires’ disease in the U.S.
  • It is believed that many infections are not diagnosed or reported, so this number may be significantly higher.
  • More cases are usually found in the summer and early fall, but it can occur any time of year.
  • “Legionnaires’ disease is caused by Legionella bacteria,”
  • “Legionella bacteria can sometimes be found in manmade environments that contain warm water. 
  • These may include hot tubs, cooling towers, hot water tanks, large plumbing systems, or parts of the air-conditioning systems in large buildings. 
  • Proactive testing for Legionella can help prevent outbreaks of the disease. 
  • If an outbreak has occurred, testing for the bacteria can pinpoint sources of the potentially deadly pathogen to prevent further illnesses,”

For more:  http://www.environmental-expert.com/news/victim-of-legionnaires-disease-files-lawsuit-against-maryland-hotel-292018

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Filed under Claims, Guest Issues, Health, Insurance, Liability, Management And Ownership, Risk Management