Category Archives: Health

Hospitality Industry Health And Safety: Hotels And Restaurants Avoid Onsite “Automated External Defibrillator (AED)” Placement And Training Due To Concerns About Risks And Liability

“…the American Hotel and Lodging Association, singled out the patchwork of state laws as a major reason hotels in the U.S. “do not uniformly provide training and AEDs onsite,” in a 2009 report.

AED Defibrillator Sign“…across America, there is anything but agreement among states about rules for the use of automated external defibrillators (or AEDs): Where they must be located; if they should be registered so authorities know where they are; whether a business that installs one is fully protected from liability; or even if a company is obliged to use one if someone on the premises suffers sudden cardiac arrest…”

There is no dispute that portable defibrillators, simple-to-use device that supply jolts to shock a stilled heart to beat again, could save tens of thousands of lives a year in this country alone if they are accessible to willing bystanders.

And some experts say the uneven patchwork of laws and regulations is a worrisome barrier to more widespread distribution and use of the battery-powered devices, which, if employed within minutes of cardiac arrest, can bring a person back to life.

For instance, many AEDs still carry labels saying they should only be used by “medical professionals” even though there are laws in every state giving “good Samaritan” protection to anyone who tries to use one to save the life of someone in cardiac arrest.

“The concerns about risk and liability remain very high,” said Richard Lazar, president of Readiness Systems LLC, a Portland, Ore., firm that consults with businesses and governments on AED training and placement.

Mandates for where AEDs should be placed are a national checkerboard. Nineteen states impose no mandates. But, in New York state, AEDs are required in health clubs, while in Florida, they’re mandatory in public high schools. Yet recent court rulings in both states have held that, just because those facilities are required to have the devices, they are under no legal obligation to use them.

For more:  http://www.commercialappeal.com/news/2013/aug/25/aed-laws-cause-confusion/

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

Hospitality Industry Health Risks: Texas Restaurant Sued By Customer Claiming Sickness From “Cyclospora”; Parasite Traced To Tainted Salad Mix

“…According to her lawsuit, (the plaintiff) dined at an Olive Garden restaurant in Addison, Texas on July 1 and suffered nausea, fatigue and Restaurant Cyclospora Outbreaksdiarrhea a few days later. Tests confirmed that her gastroenteritis was caused by cyclospora, the lawsuit states…Cyclospora is a single-celled parasite that attacks the small intestine, causing diarrhea, loss of appetite, weight loss, stomach cramps, bloating, gas, nausea and fatigue, health officials said…”

A Dallas woman is suing Darden Restaurants, claiming she became sick with the rare parasite cyclospora after she ate at an Olive Garden restaurant.

Suzanne Matteis contracted the severe gastrointestinal sickness in July and tested positive for the parasite, said her attorney, Ryan Osterholm. Nationwide, there are at least 378 confirmed cases of illness from cyclospora in 16 states since mid-June.

On Friday, the U.S. Food and Drug Administration announced that cyclospora cases in Iowa and Nebraska have been traced to a tainted salad mix supplied by Taylor Farms de Mexico to Olive Garden and Red Lobster restaurants in those states. Both restaurant chains are owned by Darden Corporation.

For more: http://www.orlandosentinel.com/news/local/breakingnews/os-salad-darden-cyclospora-lawsuit-20130803,0,4967942.story

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

P3 Hospitality Industry Risk Report: “Globally Harmonized System (GHS)” By Petra Risk Solutions’ Director Of Risk Management Todd Seiders, CLSD

[vimeo http://vimeo.com/68627105]

P3Petra Risk Solutions’ Director Of Risk Management, Todd Seiders, CLSD , offers a P3 Hospitality Risk Update – ‘Globally Harmonized System (GHS)’.

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.

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

Hospitality Industry Safety Issues: Private-Sector Workplace Injuries Fall 30% From 2003-2011; Workers’ Compensation Claims And Premiums Decline As Safety Progams Pay Off

“…For private-sector employers, the number of injuries involving missed work days, job restrictions or transfers to different chores dropped to 1.8 per 100 full-time workers in 2011 from 2.6 in 2003…safety experts say OSHA crackdowns and more corporate focus on OSHA Safety And Health It's The Law-page-001reducing hazards helped cut the injury rate. Also, legislation in many states has made it harder to qualify for workers’ compensation, which has reduced the number of claims…a benefit of the decline is that the average cost of workers’ compensation per $100 of payroll fell to $1.79 last year from $2.67 in 1994…”

About 100 federal and state court cases involving retaliation for workers’ compensation claims were decided last year, roughly double the number a decade before, estimates Lex Larson, president of Employment Law Research Inc. Some lawyers attribute the increase to growing awareness among workers that they can seek redress in court.

While employers say the decline in injuries shows that safety programs are paying off, unions and plaintiffs’ lawyers counter that companies sometimes discourage workers from speaking up.

The U.S. Occupational Safety and Health Administration is taking a tougher line with employers and says too many injuries go unreported. The agency last year reminded employers that federal law bars them from retaliating against employees for reporting injuries. It also warned employers against offering bonuses or prizes for meeting safety goals if those incentives deter workers from reporting injuries.

For more:  http://online.wsj.com/article/SB10001424127887323664204578610133657300940.html

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

Hospitality Industry Safety Solutions: Hotels And Restaurants With Ten Or More Employees Must Maintain A Written “Fire Prevention Plan” That Complies With OSHA Standards

OSHA Emergency Exit Route Facts-page-001

OSHA Fire Prevention Plan

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Filed under Fire, Guest Issues, Health, Injuries, Labor Issues, Liability, Maintenance, Risk Management, Training

Hospitality Industry Health And Safety Compliance: OSHA To Increase Inspections And Enforcement Of “Emergency Exit Routes” Requirements

OSHA Emergency Exit Route Facts-page-001

Retailers and hospitality entities (as well as other employers with multiple establishments) should be particularly attuned to this issue for several reasons. First, even without this directive from OSHA’s national office, year after year, 1910.36 continues to be one of the five standards most frequently cited against employers in these industries. Second, whereas in most workplaces, exits and exit routes are intended for egress of employees only, in retail and hospitality locations, emergency exits are there for both employees and patrons, which increases the scrutiny on the issue. Third, OSHA has launched at least two special emphasis enforcement programs (one in Delaware and another in Pennsylvania) focused on retail establishments, and looking at egress issues as one of the top focus areas.
Finally, although initial fines for egress-related violations are typically only $2,000 or less, OSHA now treats related workplaces within a corporate family as one workplace for purposes of Repeat violations, which carry penalties up to $70,000 per violation. This has been the primary weapon OSHA has used to drive up penalties against employers with multiple workplaces, like retailers and hospitality employers. By actively pursuing more Repeat violations, OSHA is issuing much higher penalties. Over the past four years, OSHA has increased the number of Willful and Repeat violations it has issued by more than 200%.

OSHA Emergency Exit Route Facts-page-001

OSHA Emergency Exit Route Facts-page-002

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

Hospitality Industry Insurance Risks: Hotel And Restaurant Owners Relieved By Obama Administration’s One-Year Delay Of “Affordable Care Act (ACA)”; “Law Is Too Complicated And Costly”

“…employers are relieved that federal officials are delaying penalties for businesses that fail to provide health insurance for their workers, but they say the reprieve does not clear up worries that the requirement is too complicated and too costly…the hotel has 70 employees, many of health insurance nationalwhom do not buy the insurance coverage the hotel offers. The Ramada Inn pays half the cost of the insurance. Business leaders said the delay was inevitable…(employers) have not seen this big a change this ill-defined this close to the deadline…the question still is how this works, what we have to pay and what are the options…it’s just in terms of whether (employers are) going to be able to understand it…”

Businesses with more than 50 employees were to face escalating tax penalties if they did not provide workers with acceptable health insurance coverage by January 2014 as required in the national health overhaul law. President Barack Obama’s administration announced Tuesday it was pushing the deadline back to January 2015 because of confusion about the requirement.

The one-year reprieve is only for businesses. Individuals still must have insurance by 2014 or face penalties, and new online marketplaces called exchanges will help them find coverage, often at subsidized rates.

For more:  http://rapidcityjournal.com/news/businesses-relieved-by-insurance-delay/article_88b8e75c-e4fc-11e2-9b88-001a4bcf887a.html

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Filed under Health, Insurance, Labor Issues, Legislation, Liability, Risk Management

Hospitality Industry Insurance Solutions: “HospitalityLawyer.com” Presents “Live Webinar” On “The Healthcare Act” On July 10

HospitalityLawyer Live Webinar July 10 Healthcare Act

HospitalityLawyer Live Webinar July 10 Healthcare Act page 2

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

Hospitality Industry Health Risks: Hotel Rooms Continue To Have “High Levels Of Bacteria” From Diversity Of Guests; “Infection Risk” As Sanitizing Equipment Goes “Room To Room”

“…a hotel is  not an operating room, and bugs may lurk, despite tip-top cleaning efforts.” The  amount of guests who check in at hotels Hotel Health And Bacteria Risksfrom different parts of the world may  increase the exposure of germs…Cleaning items used by housekeepers such  as sponges and mops were also found to have high levels of bacteria which  increases the risk of infection as they go from room to room using the same  sanitizing equipment…”

On average, hotel housekeepers spend 30 minutes cleaning each room — about 14  to 16 rooms in an eight hour shift. In a study conducted at the University of Houston,  researchers took 19 bacteria samples from items found in three hotel rooms in  three states: Texas, Indiana and South Carolina. While high levels of bacteria  were discovered in bathroom sinks and floors, the dirtiest areas were light  switches and TV remotes, which contained 112.7 colony-forming unites of bacteria (CFUs)  and 67.6 CFUs, respectively. Moreover, light switches had the highest levels of  fecal matter bacteria with 111.1 CFUs.

“Guests  should not assume that their hotel room, not to mention all common surfaces  around the hotel such as doorknobs, front-desk pens … while (hopefully) clean,  are not sterile,” Matilde Parente, MD, a California-based  physician, biomedical safety consultant, and author board certified in pathology  and integrative holistic medicine, told Medical Daily.

Read more at http://www.medicaldaily.com/articles/16908/20130626/hotel-health-risks-chronic-illnesses-long-stay.htm#Iobk2OkS3QmG1emv.99

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Filed under Guest Issues, Health, Maintenance, Risk Management, Training

Hospitality Industry Health Risks: Oklahoma Motel “Forced To Close” By City Officials Over Bed Bug Infestation, Mold, Water And Sewer Issues

“…City officials said the motel has been under surveillance for about a year and the owners have been told numerous times to fix problems with Hotel Bed Bugs Infestationbed bugs, mold issues, as well as water and sewer…Code enforcement officers said an angry customer called them to complain after noticing bed bug bites on her children and roaches falling from the ceiling…”

A motel in Ardmore is shut down after bed bugs and other issues pose a threat to customers. The Regency Inn located on 2705 on North Commerce St. in Ardmore was forced to close its doors after it failed a city code inspection.

The motel was shut down and customers were forced to leave the building. They said the motel will stay closed until the owner’s fix the issues and it meets city codes.

The owners declined to comment but said they’ll take care of the issues.

For more:  http://www.kten.com/story/22708184/ardmore-motel-shuts-down-after-bed-bug-investation

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