Category Archives: Health

by | November 1, 2010 · 12:04 pm

Hospitality Industry Employee Safety And Wage Issues: Hotel Management Should Expect 2011 OSHA Regulations To Require A Written “Injury And Illness Protection Progam” And Dept. Of Labor (DOL) Rule Requiring Full Disclosure On “Worker’s Pay Computation”

 

  • The Occupational Safety and Health Administration (OSHA) is developing a regulation mandating that employers have a written health and safety program, referred to as an Injury and Illness Protection Program or “I2P2.”
  • This rule would give an OSHA investigator the authority to find that an injury should have been avoided even if it was not regulated under a specific standard.
  • OSHA will also publish a regulation that will require employers to analyze every employee injury to determine if it is a work-related recordable musculoskeletal injury.
  • This regulation would set the stage for OSHA to revive its controversial ergonomics standard.

 

  • The Wage and Hour Division at DOL has a highly anticipated rule that would greatly expand recordkeeping requirements under the Fair Labor Standards Act (FLSA)
  • It would require employers to disclose how a worker’s pay is computed and complete a written “classification analysis” for each worker who is exempt or outside of the coverage of the FLSA.

For more:   http://www.worldtrademag.com/Articles/Column/BNP_GUID_9-5-2006_A_10000000000000932009

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by | October 26, 2010 · 12:14 pm

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.

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by | October 18, 2010 · 9:38 am

Hospitality Industry Health And Safety: Use Of “Improved Safety Practices” And “Older Workers” Contribute To A Decrease In Workers Comp Claims

“Indemnity and medical severity for workers compensation claims continued to rise in 2009…

“…the frequency of workers comp claims dropped 4% in 2009 following a 3.4% decrease in 2008. A downward trend in claims frequency that started in 1991 likely will continue through this year, NCCI said…”

Factors such as increased use of robotics, improved safety practices and an aging workforce have contributed to the continuing frequency decrease, NCCI said.

Complex claims, such as those related to carpal tunnel syndrome and lower-back issues, declined more than average during the past five years, NCCI added.

Increasing claim costs, however, have partially offset the decline in frequency. Average indemnity costs increased about 4.5% in 2009 despite a decline in average weekly wages.

“It remains to be seen whether changes in average wage and indemnity cost per claim will begin to converge in 2010,” NCCI said in the research brief.

Average medical costs for workers comp claims rose 5% last year, the lowest increase in the past 15 years, NCCI said.

For more:  http://www.businessinsurance.com/article/20101018/NEWS/101019945

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by | October 11, 2010 · 2:08 pm

Hospitality Industry Health Risk Management: Hotel Owners Must Establish Formal “Bed Bug Infestation Risk Management” Protocols For Preventing And Then Eradicating Infestations

In certain cases, courts can even levy large judgments against hotel operators who rent rooms infested with bed bugs. In 2003, a federal appellate court awarded $372,000 in

State inspectors have the authority to shut down an establishment that poses an "imminent health hazard" involving fire, flood, sewage backup, rodent infestation, bed bug infestation or "any other condition that could endanger the health and safety of guests, employees and the general public."

punitive damages, roughly 37 times the compensatory award in the case, to a couple bitten by bed bugs while staying at a chronically infested Motel 6 in Chicago.

Hotel owners and operators have faced periodic reports of bed bugs for decades, but a newfound public fascination with the problem, combined with the proliferation of websites dedicated to documenting bed bug outbreaks, has created a frenzy of media activity never before seen. Indeed, bed bug stories have been reported in the New York Times, Washington Post, Wall Street Journal, and many other local television and print outlets across the country. Stoking the traditional media’s interest in bed bugs is a rash of new online forums where travelers post the unsettling details of encounters with the pests.

Much of the coverage seems sensational and overblown, but property owners and third party operators in the hospitality industry have to face the reality that the process of eliminating bed bugs from hotel rooms can be quite expensive and can lead to litigation and costly settlements. Additionally, reports of infestation on online travel sites like TripAdvisor and bed bug reporting sites like bedbugregistry.com and bedbugreports.com can cause significant reputational harm and loss of business.

The good news for hospitality companies is that robust risk management practices, and the appropriate insurance and risk financing programs, can significantly mitigate the financial impact bed bugs can have on a hotel organization.

Establishing formal risk management protocols around bed bugs is an important first step in minimizing the cost of infestation. Proactive steps for hotel organizations include creating a formal program to train housekeeping staff on spotting bed bugs, creating a policy on how to handle outbreaks or complaints and implementing regular pest control inspections.

“Bed bugs are on our list of emerging issues facing the insurance industry, not only for hotels, but in the retail, apartment, and residential healthcare sectors,” noted Brian Gerritsen, Senior Director of Hospitality Business at Fireman’s Fund Insurance Company. “The recent increase in bed bug related claims has prompted us to become more proactive about the issue with our insurance customers.” Mr. Gerritsen’s team recently released an industry alert recommending that hotel operators take several actions to prevent potential infestations in guest rooms including:

• Chemically treating mattresses and sealing them in plastic

• Washing/drying bedding and towels regularly and daily if possible

• Vacuuming cracks, crevices and other hiding places and sealing openings permanently so the bugs don’t have a place to hide

• Having regular inspections and extermination services done by a qualified pest control contractor

• Training and educating housekeeping employees to recognize the presence of bed bugs and immediately report any activity to the appropriate personnel

For more:  http://www.pressreleasepoint.com/don039t-let-bed-bugs-bite-insurance-and-risk-management-perspective

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by | September 18, 2010 · 9:43 am

Hotel Industry Pool Safety: Mitch Stoller Of “Safe Kids USA” Speaks On Child Safety At Swimming Pools And Spas (Video)

[youtube=http://www.youtube.com/watch?v=W6B-MB_67j4]

Pool Safely Press Conference – Mitch Stoller, Safe Kids USA

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by | September 16, 2010 · 5:51 am

Hotel Industry Health Risk Management: Early Bed Bug Detection Is Critical For Successful Eradication Programs (Video)

[youtube=http://www.youtube.com/watch?v=0OOZ8wBuF0k&feature=channel]

Bedbugs have made a comeback in the US due to increased international travel. Bedbugs can crawl out of a traveler’s suitcases and establish themselves in hotel rooms. A Bedbug problem can be quite expensive. In fact, an outbreak could lead to serious litigation and large settlements and loss of business. Can your property afford it? This program trains your employees to spot bed bugs so they can be caught in the early stages and remediated before a major infestation occurs.

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by | September 15, 2010 · 7:31 am

Hotel Industry Risk Management: “Optional Linen Service” And Other “Green Programs” Can Help Reduce “Repetitive-Use Injuries” And Chemicals Usage At Hotels

Categories include promoting environmental awareness through new employee training and workshops,  ….waste reduction, energy and water efficiency and air quality as well as green cleaning and housekeeping practices which include optional linen service – who really needs their sheets changed every day? Similar programs in Virginia Beach, Va., and Ocean City, Md., have been embraced by merchants and tourists alike.

The local tourism and hospitality industries have a vested interest in conservation of natural resources. Aside from the money hotels, restaurants and attractions can save reducing, reusing and recycling, preserving the environmental quality of our area preserves tourism itself. The South Carolina Green Alliance, a partnership between the South Carolina Hospitality Association and the state DHEC, is devoted to helping state lodgings, attractions and eateries go green. The program made its debut last year, and although only a handful of local business are listed on the Web site (greenalliance.com), Tom Sponseller, president of the state hospitality association, says that more are coming. “We have another 30 or so restaurants and hotels that will be added. We’ve only been doing this a short time, and the whole process from implementing changes to filling out the application to it being approved through DHEC can be a bit lengthy.”

Part of the process is working with local businesses to implement changes to reduce the large scale impacts the hospitality industry has on the environment. Businesses in the hospitality industry, as well as their suppliers, can go to schospitality.org for an application listing nine categories in which points can be earned. Depending on how many points earned, a Palmetto tree is awarded, with one Palmetto indicating a business has adopted and is beginning to implement a green plan, to three Palmettos, which indicates a high level of eco-initiatives have been adopted and utilized.

While only a small number of local businesses have made it through Green Alliance certification, that doesn’t mean our local hospitality industry isn’t taking the steps necessary to become more eco-friendly. The Myrtle Beach Area Hospitality Association (MBAHA) is working with the state program, and encourages its members to take those important first steps in going green. “Our industry wants to get more involved, and it’s a question of figuring out how to do that,” says Stephen Greene, president of the MBHA. “As a group, we’ve been moving forward, but it takes a lot of time and training,” In cooperation with efforts of the state and local hospitality associations, the Myrtle Beach Area Chamber of Commerce has encouraged its members to go green. As part of its Going Green program, the Chamber works to provide education, resources and support to its members in implementing energy conservation and waste reduction practices.

Read more: http://www.thesunnews.com/2010/09/09/1681777/oily-residue.html#ixzz0zbrCTJX5

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by | September 14, 2010 · 6:05 am

Hotel Industry Health Risk Management: Hotel Owners Should Negotiate “Loss Of Attraction” Or “Contingent Business Interruption” Insurance Coverage For Losses Arising From Bed Bug Infestation

“…many hotels have negotiated for “loss of attraction” coverage, which covers the actual loss a hotel might sustain if it had to cancel reservations or was unable to accept bookings due to an infestation.”

State inspectors have the authority to shut down an establishment that poses an "imminent health hazard" involving fire, flood, sewage backup, rodent infestation, bed bug infestation or "any other condition that could endanger the health and safety of guests, employees and the general public."

“I would say both business interruption and to some extent contingent business interruption are two of the most difficult values for a business to assess,” says Craig Lapsley, vice president at Travelers Global Technology.

In evaluating those risks, companies have to consider their earnings, operating expenses and payroll–which is often overlooked but should be included, he says. In addition, companies need to consider how long they could be out of business and how long it could take to get back up and running.

“It’s difficult for insurance professionals, who do it all the time, and it’s extremely confusing for insureds,” Lapsley says.

Whenever there are large losses or catastrophic events, a very large percentage of insureds invariably turn out to be underinsured when it comes to business income, he says.

What makes contingent business interruption particularly tricky to assess is that it involves operations that are outside the company’s direct control. A company’s own operations may be in fine working order, but it may nevertheless suffer a significant loss of business income because of a disruption in the neighborhood, or with one of its suppliers, or with one of its buyers.

 For more:  http://www.riskandinsurance.com/story.jsp?storyId=13708831

 

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by | September 13, 2010 · 7:14 am

Hotel Industry Swimming Pool And Spa Risks: Las Vegas Hotel Suffers Chemical Malfunction In Pool Which Sickens Guests

Richard Brenner, hazardous materials coordinator for the Clark County Fire Department, said that sodium hypochlorite went into the hotel’s lazy river pool when a valve used to control the chemical malfunctioned and did not shut off properly. He also added that the chemical went into the water and fumes in the air had made guests sick but expected them all to be ok.

About 100 people had trouble breathing but did not need to go to hospitals, instead were treated by responding emergency personnel.  It was also reported that the people taken to local hospitals were conscious and alert and none of the guests were in critical condition.

High concentrations of a chemical similar to bleach seeped into a pool at the world-famous MGM Grand on the Las Vegas Strip, leading the hotel officials to evacuate some 1,500 guests and sending at least 26 people to local hospitals with breathing difficulties on Friday.

“People started smelling chlorine. It doesn’t take much to set our nose off”, Brenner said.

The MGM Resorts International officials emphasized that once it was discovered what happened the valve was immediately shut off. While the leak only affected the lazy river pool, all of the resort’s five pools were closed to error on the side of caution.

For more:  http://www.dailyrosetta.com/chlorine-leaks-at-mgm-grand-las-vegas-pool/1247.html

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by | September 10, 2010 · 2:15 pm

Hotel Industry Swimming Pool Liability Risks: Arizona Hotels Vary In Enforcing Existing Codes Regarding Drinking In Pools, Music Stages, Public Parties And Oversized Crowds

Many resort pool parties are already limited to guests who’ve rented rooms and their friends, like the ones at the Hotel Valley Ho, or to guests who’ve purchased tickets, like the ones at the Clarion Hotel Scottsdale.

  • No more drinking or eating in the pool.
  • No music stages abutting the pool.
  • No open-to-the-public parties, except ones already booked.
  • No free entry and oversized crowds.

“In the last two years the scale and grandeur of the parties has picked up, and we are just trying to help the facilities understand the public-health impact before we start focusing on enforcement,” said John Kolman, director of the Maricopa County Environmental Services Department.

Kolman said inspectors have reminded managers to monitor pool capacity, to double-check that rescue equipment is always visible, to keep lounge chairs, stages and other structures 4 feet from pool edges, and most crucially, to stop inviting the public to their events.

Inspectors will continue to make unannounced checks through September, the traditional end of the pool-party season.

But at the W Scottsdale, general manager Leon Young said he’s seen real revenue losses since he started enforcement. He has, however, seen room sales go up slightly.

His hotel has made a name for itself hosting buzzy daytime bashes and nighttime swim parties, serving pool-friendly drinks such as frozen creamsicle cocktails or bottles of vodka with Gatorade on ice. Now, the second-floor pool will be pen only to those who rent cabanas, daybeds or rooms.

“Certainly, I can understand you don’t want to be floating next to a piece of lunch meat,” Young said. “But if we follow the rules about no glass near the pool, I don’t see why we couldn’t allow some drinks in the pool.”

Young is optimistic the county will be open to revisiting the regulations to create variances that would allow resorts and hotels to pursue party profits.

“We are rooms-focused in spring and peak season, but in summertime, it really is about the events and promotions you can organize to bring people in,” Young said.

Read more: http://www.azcentral.com/thingstodo/bars/articles/2010/08/27/20100827phoenix-hotel-pool-party-scene-drinking-banned.html#ixzz0zAPbsor7

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