Category Archives: Health

Hospitality Industry Safety Risks: Texas Restaurants Receive "Dividends" Back From Workers Compensation Insurance Program For Maintaining "Successful Safety Programs"

“…dividends come back to restaurants participating in the TRA’s workers comp insurance program… creates incentives for the restaurants to have a safety program and to work with the insurance company and the employees to maintain a safer workplace….”

“Every year we get back … a little over half of our premium that we paid. So, it’s a big return of an expense,” says Lindskog whose company has been in the program since 2004. “A lot of people don’t want workers comp insurance because it’s expensive. But if you get half of it back, it makes it much more cost effective for your restaurant.”

Texas Mutual is the leading provider of workers comp insurance in the state. It was created by the Texas Legislature in 1991 when major reforms on workers comp became effective. Its board of directors is composed of individuals from companies it insures as well as those appointed by the governor of Texas.

For more:  http://www.bizjournals.com/sanantonio/news/2012/01/25/san-antonio-restaurants-score-rebate.html?page=2

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Filed under Claims, Health, Injuries, Labor Issues, Liability, Maintenance, Management And Ownership, Risk Management, Training

Hospitality Industry Health Risks: "High-End New York Hotels" Found To Have Bed Bugs

The Ritz is just the latest swanky hotel to report finding the blood-suckers in one of its rooms. Guests have previously complained about bedbugs at the Waldorf-Astoria.

Bedbugs have been spotted at the luxury Ritz-Carlton New York, reports The New York Times. A guest reported the pesky discovery to the front desk Sunday, and hotel management subsequently called an exterminator to rid the room of the creepy crawlers.

Guests in rooms next to the infested area, as well as those above and below it, were transferred to other accommodations and hotel workers received bedbug training, reports the Times.

Scott Geraghty, the hotel’s general manager, told the paper the problem had been remedied.

“Bedbugs are inevitable,” Geraghty said. “They’re brought in by guests and come in on luggage or things of that matter.”

For more:  http://www.nbcnewyork.com/news/local/Bedbug-Ritz-Carlton-Hotel-New-York-City-Infest-138120308.html

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Filed under Guest Issues, Health, Maintenance, Management And Ownership, Training

Hospitality Industry Food Risks: Mexican Restaurant Chain Is Source Of "Salmonella" Outbreak; Food Contamination "Likely" Occurred Prior To Reaching Chain

Investigative efforts were unable to identify a specific food associated with illness, but data indicate that contamination likely occurred before the product reached Restaurant Chain A locations.

CDC collaborated with public health officials in multiple states and the U.S. Food and Drug Administration (FDA) to investigate a multistate outbreak of Salmonella Enteritidis infections which was associated with eating food from a Mexican-style fast food restaurant chain, Restaurant Chain A. This outbreak now appears to be over.

Public health investigators used DNA “fingerprints” of Salmonella bacteria obtained through diagnostic testing with pulsed-field gel electrophoresis, or PFGE, to identify cases of illness that may be part of this outbreak. They used data from PulseNet, the national subtyping network made up of state and local public health laboratories and federal food regulatory laboratories that performs molecular surveillance of foodborne infections.

For more:  http://www.foodpoisonjournal.com/foodborne-illness-outbreaks/multi-state-salmonella-outbreak-linked-to-unnamed-mexican-restaurant-chain/

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

Hospitality Industry Legal Risks: "Class-Action Lawsuit" Filed Against New York Hotel And Water Park For "Norovirus Outbreak" Stemming From "Contaminated Food And Pool Water"

“…The state Department of Health documented more than 600 cases of norovirus in March 2008, apparently stemming from contaminated food and pool water at the park’s hotel complex…”

“…alleges that Great Escape, and its parent company Six Flags Inc., failed to maintain proper sanitary conditions and didn’t warn guests once the outbreak became known…”

Attorneys representing more than 100 people filed a class-action lawsuit Wednesday in state Supreme Court in Warren County against the Six Flags Great Escape Lodge & Indoor Waterpark over a 2008 norovirus outbreak.

“Here, many people, especially children, suffered brief but violent periods of illness,” said Don Boyajian, one of two attorneys representing those who were infected.

Those infected experienced brief but violent fits of vomiting and diarrhea.

Dozens of people filed lawsuits following the incident. Those claims were consolidated into a single case — the class-action lawsuit, which has been in the works since 2009.

Boyajian did not specify the amount of damages being sought. He said damages would depend on the virus’ impact on each individual.

Attorneys representing Great Escape were not available on Wednesday for comment.

Read more: http://poststar.com/news/local/class-action-lawsuit-filed-against-great-escape-over-norovirus-outbreak/article_997adaa2-4226-11e1-8bea-0019bb2963f4.html#ixzz1juoN2fka

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

Hospitality Industry Property Risks: Chicago Hotel Pool Remains Closed Due To Failure To Comply With Federal Law Requiring Drains To Be Fitted With Large Covers And Backup Systems

“…The law requires drains to be fitted with larger covers and backup systems. It affects all public pools and spas, including those at apartment and condo complexes, hotels and health clubs…Since the law went into effect, the commission first removed the backup requirement, then reinstated it, bowing to pressure from the industry and then to safety advocates…”

Sunlight still bathes the mosaic tile, terra-cotta fountain and potted palms at the Hotel InterContinental’s iconic indoor pool. But no bathers ripple the water. Stuck in regulatory purgatory, the pool has been closed since October.

The junior Olympic-sized pool is one of the better-known in the city and once drew famous visitors like “Tarzan” star Johnny Weissmuller. Now, it’s among nearly 300 public pools across Illinois still listed as noncompliant with federal regulations designed to reduce the risk of swimmers being sucked into drains and drowning.

Hotel officials say their pool will reopen soon. And many of the other facilities are outdoors and would be closed in winter, anyway. But with so many affected sites, expensive fixes and delays in getting state approval, some pool operators wonder if they’ll be ready come spring.

For more: http://www.chicagotribune.com/news/local/ct-met-pool-drains-update-20120115,0,7498748.story

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Filed under Guest Issues, Health, Injuries, Insurance, Liability, Maintenance, Pool And Spa

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/

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

Hospitality Industry Guest Health Risks: Indiana Hotel Water Softener Malfunctions Producing "Chlorine-Like Smell" That Sickens Two Guests And Results In Fire Dept Hazardous Materials Teams Being Dispatched

 “… the water softener (which covers the entire building) was malfunctioning due to the high-pitch noise it was making… it was clogged, and instead of pushing its collections out as it’s supposed to do, it was sending them back into the system, producing the odd smell (similar to chlorine)…”

The Indianapolis Fire Department’s Hazardous Materials Team was dispatched to a Far-Southside hotel to investigate a possible chemical spill Saturday after two hotel occupants complained of difficulty breathing.

One person was transported to Community Hospital South, and a hotel worker was checked at the scene.

Rescuers were called to the Holiday Inn Express, 5151 S. East Street, at 2:25 p.m. after a guest told hotel workers there was a smell similar to chlorine coming out of the faucet. Based on that information, the call was upgraded because a chemical spill was suspected.

For more:  http://www.indystar.com/article/20120108/LOCAL/201080373/Hazmat-team-called-check-odor-Holiday-Inn-Express-Far-Southside?odyssey=tab%7Ctopnews%7Ctext%7CIndyStar.com

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

Hospitality Industry Property Risks: Wisconsin Hotel Guests Hospitalized From "Carbon Monoxide Leak" As Swimming Pool Heating System Malfunctions

“…carbon monoxide levels of 800 parts per million were detected in the swimming pool area and 957 parts per million in a mechanical room where a heating system apparently malfunctioned, causing the leak…”

“…Levels of 9 parts per million usually will prompt officials to evacuate a building…”

As many as 16 people at a hotel near Lambeau Field were hospitalized Friday night after becoming ill from an apparent carbon monoxide leak, officials said. Battalion Chief Ed Jarosz of the Green Bay Fire Department said at least two of the victims were children who became ill in the swimming pool area at the Hilton Garden Inn, 1015 Lombardi Ave.

Two children were transported by ambulance, and 14 others were taken to a hospital by private vehicles, Jarosz said.

Children had been playing in the swimming pool area about 45 minutes before they began feeling sick, he said.

For more:  http://www.greenbaypressgazette.com/article/20120101/GPG0101/201010565/Carbon-monoxide-leak-at-Hilton-Garden-Inn-in-Green-Bay-sends-16-to-hospital

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

Hospitality Industry Employee Risks: "Introduction To California's Workers' Compensation System" (Video)

[youtube=http://www.youtube.com/watch?v=2udxkhH24Cc]

Learning the rights of an injured worker under California’s workers’ compensation system. This video follows several workers’ compensation case scenarios and provides basic information and resources for obtaining further assistance and/or information.

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Filed under Health, Injuries, Insurance, Labor Issues, Liability, Management And Ownership, Risk Management

Hospitality Industry Alcohol Risks: Hotels And Restaurants Hosting "Office Parties And Charity Events" Need To Insure Against "Liquor Liability"

“…office parties and charity events…can provide opportunities for professionals to mingle casually with their co-workers and clients and can help boost employee morale…(but) they can also prove to be a liability for businesses that serve alcohol…”

“…when business owners host a holiday party and serve alcohol as part of the festivities, liquor liability would most likely be covered by their commercial general liability (CGL) policy…”

 “…In addition to a CGL policy, businesses should also consider purchasing an Employment Practices Liability Insurance (EPLI) policy. An EPLI policy will protect a business from discrimination, sexual harassment, emotional distress, and other workplace-related issues…”

  • Forty-four states plus the District of Columbia have enacted liquor liability laws
  • These laws make it possible for a plaintiff to hold those who serve alcohol to an intoxicated or underage person responsible for any damage or injury caused by these same individuals after they leave the party
  • Most of these laws also offer an injured person, such as the victim of a drunk driver, a method to sue the person who served the alcohol
  • There are circumstances under these same state laws where criminal charges may also apply
  • Liquor liability laws were intended originally to apply to taverns, bars, and other establishments selling and serving alcohol

However, the liability laws have expanded over time to include “social hosts” (such as those holding a holiday party in their home or business) in some states giving them some exposure to the risk of liability for serving alcohol.

“If you are throwing an office party where alcohol is served, you have a responsibility to make sure that your employees are capable of driving safely.”

For more:  http://insurancenewsnet.com/article.aspx?id=319206

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