Category Archives: Risk Management

by | September 24, 2013 · 5:46 am

Hospitality Industry HazMat Risks: South Carolina Hotel Guests Evacuated, Hospitalized After Exposure To Pool Chemical Fumes; Employee Accidently Mixes Muriatic Acid And Chlorine

“…The area where the chemicals were mixed (was) isolated…one of the two chemicals was muriatic acid (and) the other chemical was Hotel Pool Chemical HazMat Riskschlorine (that) were mixed by an employee of the hotel by accident, creating the strong fumes that affected the employees and guests…One of the 12 transported by EMS was an employee of the hotel, but the other eleven were guests. An additional six people were treated at the hotel, but did not require further medical attention…”

The overnight nursing supervisor at Grand Strand Regional Medical Center confirmed all 14 patients who were being Hazardous Materials Teamtreated for respiratory issues following an accidental chemical mixture have been discharged from the hospital. Bob Derr, a Battalion Chief with the City of Myrtle Beach Fire Department confirmed the Hazmat situation was reported after two chemicals were mixed together in the pool maintenance area under the hotel the Landmark Resort at 1501 South Ocean Boulevard, affecting both guests and employees.

Twelve people have been taken to Grand Strand Regional Medical Center by EMS, and two more drove themselves. All 14 were presenting respiratory issues. Battalion Chief Derr suggested more guests could be transported if they started to show signs of respiratory distress.

Crews did not evacuate the hotel completely. The lower floors were cleared as a precaution.

For more:  http://www.wistv.com/story/23509101/crews-respond-to

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by | September 23, 2013 · 5:47 am

Hospitality Industry Legal Risks: North Carolina Restaurant Operator Sued By EEOC For “Religious Discrimination”; Fired Woman For Wearing Skirts As Part Of Her Pentecostal Church Beliefs

“…(the employee, Sheila Silver, was) a member of the Pentecostal church (and believed) women should wear skirts in accordance with this EEOCreligious belief…Silver worked for various Kentucky Fried Chicken restaurants since 1992.  Scottish Food Systems and Laurinburg KFC Take Home purchased the KFC restaurant where Silver worked in April 2013.  At that time, they informed Silver she must wear pants to work because of their dress code policy.  Silver told Scottish Food Systems and Laurinburg KFC Take Home she could not wear pants because of her religious beliefs.  The companies ultimately fired her for refusing to wear pants to work…”

Scottish Food Systems, Inc. and Laurinburg KFC Take Home, Inc., two North Carolina corporations that operate a chain of Kentucky Fried Chicken restaurants in eastern North Carolina, violated federal law by failing to accommodate an employee’s religious beliefs and firing her because of her religion, the U.S. Equal Employment Opportunity Commission (EEOC) charged in an employment discrimination lawsuit filed today.

Such alleged conduct violates Title VII of the Civil Rights Act of 1964, which requires employers to reasonably accommodate an employees’ due to their religious beliefs as long as doing so does not pose an undue hardship.  The EEOC filed suit in U.S. District Court for the Middle District of North Carolina (EEOC v. Scottish Food Systems, Inc. d/b/a Kentucky Fried Chicken and Laurinburg KFC Take Home, Inc. d/b/a Kentucky Fried Chicken, Civil Action No. 1:13-CV-00796) after first attempting to reach a voluntary settlement through its conciliation process.  The EEOC seeks back pay, compensatory damages and punitive damages, as well as injunctive relief.

“Employers must respect employees’ sincerely held religious beliefs and carefully consider requests made by employees based on those beliefs,” said Lynette A. Barnes, regional attorney for the EEOC’s Charlotte District Office, which includes the EEOC’s Raleigh Area Office, where the charge of discrimination was filed. “This case demonstrates the EEOC’s continued commitment to fighting religious discrimination in the workplace.”

The EEOC is responsible for enforcing federal laws prohibiting discrimination in employment.  Further information about the EEOC is available on its web site at www.eeoc.gov.

For more:  http://www.eeoc.gov/eeoc/newsroom/release/9-19-13c.cfm

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by | September 20, 2013 · 5:39 am

Hospitality Industry Insurance Solutions: “Hospitality Workers’ Compensation Fundamentals” By Brad Durbin Of Petra Risk Solutions

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Petra Risk Solutions Education Partners

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by | September 19, 2013 · 6:19 am

Hospitality Industry Crime Risks: Missouri Motel Evacuated After “Meth Lab” Discovered In Room; Suspect Was “Cutting Up Batteries” Outside Door

“…on the second-floor of the motel, the officer saw a man sitting outside his hotel room cutting up batteries…the officer asked him what he was Hotel Meth Lab Risksdoing and, at the same time, noticed the door ajar and some fumes or vapors coming out of the door…(he) pushed the door open and a larger cloud of vapors came out…the man cutting the batteries had been cooking methamphetamine in his room, police say…”

A motel guest cutting up batteries outside his room stirred the suspicions of a Sunset Hills police officer, who uncovered a meth lab at the EconoLodge early today.

The officer, overcome by fumes, was taken to a hospital after complaining of being lightheaded. And all of the remaining motel guests in the entire east wing of the motel were evacuated by police and firefighters for about three hours early Thursday until the mobile meth lab was removed.

A man in his 30s was arrested on suspicion of drug manufacturing. “He was apparently trying to do this with the shake-and-bake method,” LeGrand said, referring to the mobile method of making the drug. “But he forgot some ingredient and, because of that, he decided to heat some of this mixture in the microwave.”

The guests who were evacauted from the hotel after midnight were allowed to return to their rooms at about 3 a.m. after the county’s drug unit removed the materials.

For more:  http://www.stltoday.com/news/local/crime-and-courts/meth-fumes-force-evacuation-of-sunset-hills-motel-police-officer/article_050e5fce-4812-5a5a-b6cd-3bbe86afe68b.html

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by | September 18, 2013 · 8:44 am

Hospitality Industry Safety Risks: Pennsylvania Restaurant Owner Faces “Wrongful Death Lawsuit”; Man Suffered Cuts, Cardiac Arrest After Falling Thru “Plate Glass Door”

“…The complaint claims that (the restaurant owner) knew the glass doors were unsafe, and, “despite owning and operating the restaurant and premises for decades … never even attempted to make the plate glass entrance door even marginally safer, such as Hospitality Industry Wrongful Death Lawsuitsthrough the application of widely available safety films that are applied to glass and cost only a few dollars per square foot of coverage…(the victim) allegedly suffered several cardiac arrests and was pronounced dead at 2:03 p.m. due to “penetrating injuries to the neck leading to acute hemorrhagic shock.””

A widow blames hazardous plate glass for the death of her retired college professor husband who badly cut his throat on the shattered door of a sandwich shop.

Plate glass, also known as annealed glass, “constitutes a well-known safety hazard when broken because such glass can break into large, sharp and unreasonably dangerous jagged shards if impacted,” according to the complaint in Butler County, Pa.

Laminated or tempered glass is safer because it “fractures into small relatively harmless cubes that are less likely to cause significant injury,” the complaint adds.  Cynthia Brunken sued Bob’s Sub and Sandwich Shop, located in Slippery Rock Commons, and its owner Cindy Marlowe for wrongful death.

A national standard was officially recognized in 1966 and an act was created in Pennsylvania “Requiring the Use of Safety Glazing Materials.”

“Despite the known and obvious risks involved with the use of plate glass or annealed glass entrance doors, the glass entrance door used at the Bob’s Sub and Sandwich Shop restaurant on June 3, 2013 contained dangerous plate glass or annealed glass, and did not incorporate adequate or safer glazing material, rendering the glass door unreasonably dangerous to customers, business invitees and specifically, Glen W. Brunken,” according to the complaint.

For more:  http://www.courthousenews.com/2013/09/18/61234.htm

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by | September 17, 2013 · 6:11 am

Hospitality Industry Legal Risks: Illinois Restaurant Sued For “Negligence” By Woman Who Slipped In Puddle Of Water; Seeking $50,000 For “Leg Injuries, Pain And Suffering”

“…(the plaintiff) blames the restaurant for causing her injuries, saying its employees negligently allowed a puddle of water to remain on its Hospitality Industry Injury Lawsuitspremises, failed to remove the puddle, failed to reasonably inspect the premises and failed to properly manage the restaurant…In addition to her injuries, (she) became sick, lame, disordered and disabled; experienced pain and suffering; incurred medical costs; and suffered disability and disfigurement, the suit states. She also lost earnings and wages, the complaint says…”

A woman claims suffered left knee and leg injuries after she fell on a puddle of water at a Mexican restaurant. Andrea B. Mercer filed a lawsuit Aug. 29 in Madison County Circuit Court against Chivas doing business as Carisilos Mexican Restaurant. In her complaint, Mercer alleges she was eating at Carisilos, which is located at 1978 Vandalia St. in Collinsville, on Sept. 3, 2011, when she fell on a puddle of water in the restaurant.

In her complaint, Mercer seeks a judgment of more than $50,000, plus costs and other relief the court deems just.

For more:  http://madisonrecord.com/issues/366-personal-injury/259131-collinsville-mexican-restaurant-sued-by-customer-over-slip-and-fall

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by | September 16, 2013 · 8:03 am

Hospitality Industry Technology Solutions: Hotel “Housekeeper” App For Smartphones And Tablets Improves Staff Efficiency; “Room Status And Problems” Reported Directly To Property Management System

“…the new ‘Housekeeper’ application is proven to deliver an average 50% reduction in the time required to carry out housekeeping and hotel Hotel Technology Solutionssupport tasks, enhanced staff communication, as well as powerful reporting capabilities…with quicker response and improved communication with the housekeeping staff we are able to better serve our guests and get a real-time picture of the room status…”

Building on its growing range of mobile applications and cloud-based services, Housekeeper provides an alternative to Quadriga’s established, fixed TV-based housekeeping solution, integrated into its Sensiq guest communications and entertainment platform. The Hibox Housekeeper application is a web-based service which can be hosted in the cloud and provides hotel staff with easy and immediate reporting capabilities via most web-enabled mobile devices. Services include the reporting of room status to the hotel PMS, minibar usage and rooms fault reporting and management, as well as a staff messaging tool.

Housekeeper is already deployed in hotels across the Nordic region and is now available worldwide. Juha Peltonen, Hotel Manager at Hotel Haikko Manor, Porvoo, Finland, says, “The Housekeeper application gives us an easy-to-use tool to manage the housekeeping tasks. Also we are able to reduce the housekeeping costs with improved monitoring and reporting.”

For more:  http://www.hospitalitynet.org/news/4062156.html

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by | September 15, 2013 · 5:34 am

Hospitality Industry Legal Risks: Tennessee Restaurant Sued For “Sexual Harassment And Retaliation” By EEOC; Manager Made “Offensive Comments, Physical Contact” With Teenage Worker

“…About two months after she began working there, the KFC’s 54 year-old store manager began making unwelcome and offensive comments EEOCand physical contacts. The EEOC further charges that the company retaliated against the minor by removing her from the work schedule and firing her within weeks after she reported the harassment to other management officials… The lawsuit asks the court to grant a permanent injunction preventing Memphis Foods from engaging in or condoning sexual harassment; and award appropriate back wages, compensatory and punitive damages…”

Memphis Foods LLC, the owner of a Memphis KFC restaurant, violated federal law by subjecting a teenage employee to sexual harassment and retaliation, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit announced yesterday.

According to the EEOC’s lawsuit, the 16-year-old female worked as a crew member for the KFC restaurant on Winchester Road in Memphis.

Sexual harassment and retaliation for complaining about it violate Title VII of the Civil Rights Act of 1964. The EEOC filed suit in the U.S. District Court for Western District of Tennessee, Western Division, (Civil Action No. 2:13-cv-02712) after first attempting to reach a voluntary pre-litigation settlement through its conciliation process.

“Sexual harassment and retaliation in the workplace are always unconscionable, especially when minors are targeted and victimized,” said Katharine W. Kores, director of the EEOC’s Memphis District Office, which serves Tennessee, Arkansas and Northern Mississippi. “This agency considers the protection of minors in the workplace an important priority for eradicating employment discrimination.”

Memphis Foods LLC is an Arkansas limited liability company that owns and operates KFC and Taco Bell Restaurants throughout the greater Memphis area. Overall, the company operates more than 60 restaurants in Tennessee, Arkansas, Kentucky, Illinois and Missouri.

The EEOC recently updated its Youth@Work website (at http://www.eeoc.gov/youth/), which presents information for teens and other young workers about employment discrimination. The website also contains curriculum guides for students and teachers and videos to help young workers learn about their rights and responsibilities in the workforce.

The EEOC is responsible for enforcing federal laws that prohibit employment discrimination. Further information is available at www.eeoc.gov.

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by | September 14, 2013 · 1:37 am

Hospitality Industry Legal Risks: Immigration And Customs Enforcement (ICE) Employment Audits Targeted Restaurants (38%) In 2012; “Silent Raids” Force Workers To Lose Jobs, Large Fines For “Paperwork Errors”

“The administration appears to start with the presumption that employers are not telling the truth about their listed employees…”

U.S. Immigration and Customs Enforcement“…(an Ohio) restaurant was audited in early 2012. No undocumented workers were found…but paperwork errors resulted in a $27,500 fine, which didn’t get reduced. The company paid another $7,500 to have an immigration attorney handle the case and review the I-9 forms of the other 13 restaurants to make sure they were filled out correctly…”

“In late 2010, (a national restaurant) chain lost about 450 Minnesota workers, between 30% and 40% of its employees there…Last year, the burrito chain announced it was under federal investigation over possible criminal securities law violations related to communications to investors of work-authorization compliance. The company has said it is cooperating fully with the investigation…”

The U.S. government has launched a fresh crackdown on employers suspected of hiring illegal immigrants by notifying about 1,000 businesses across the country in recent weeks they must submit documents for audits. The so-called “silent raids” are the largest since July 2009 when just as many companies were notified, according to immigration attorneys, and weren’t publicly disclosed by Immigration and Customs Enforcement, the agency that conducts such inspections.

While the audits don’t lead to the deportation of a firm’s illegal workers, they lose their jobs if discovered. Critics of the crackdown say it drives more immigrants to eploitative, off-the-books work. For employers, the audits can lead to deep losses in productivity, in addition to civil and criminal fines, and many workers end up getting hired by competitors.

For more:  http://online.wsj.com/article/SB10001424127887324755104579071331936331534.html

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by | September 13, 2013 · 5:19 am

Hospitality Industry Health Hazards: Hotel Owners Must Be Aware Of Risks From “Naegleria Fowleriis”, Known As “Brain-Eating Amoeba” In Warm Fresh Water On Or Around Their Premises

HospitalityLawyer.com“…Hotel owners and operators must be aware of potential N.fowleri hazards in bodies of water on or around their premises. If you offer guests access to recreational bodies of warm fresh water, we recommend making N.fowleri informational brochures available at your front desk; you may even consider providing complimentary nose plugs. Of course, it is absolutely essential that you keep all swimming pools and hot tubs properly chlorinated. Don’t assume that the water in hot tubs and/or hot springs is sufficiently hot to kill N.fowleri; the amoeba can survive temperatures well in excess of 115°F (46°C) for short periods of time…”

Naegleria Fowleri Amoebic Meningitis RiskNaegleria fowleriis an amoeba common to warm bodies of fresh water, including lakes and unchlorinated or poorly chlorinated swimming pools. This amoeba can infect the human nervous system and induce a lethal form of encephalitis when a victim insufflates contaminated water deep into the nasal cavities; while infection is relatively rare, only one percent of all victims survive. This parasite has made the news in recent years with the moniker “brain-eating amoeba” because it feeds on the proteins that help form neurons in our brains.

HospitalityLawyer Converge Solutions

http://hlconverge.com/

Both travelers and hotel owners/operators need to understand the conditions that encourage N.fowleri infection, as this amoeba presents a significant health hazard and a potential liability. N.fowleri thrives in warm fresh water; it cannot survive in very cold, salty, or properly chlorinated water. Infections typically occur in stagnant bodies of water, often after swimmers have stirred up sediment (which contains N.fowleri spores), and usually involve an activity like jumping, diving, or wakeboarding. In 2012, two people in Louisiana died from N.fowleri infection after using contaminated tap water with their neti pots. Death almost always occurs one to twelve days after infection.

This past summer, a four year-old boy in Bernard Parish, Louisiana, died of PAM (primary amebic meningoencephalitis, the extremely lethal result of N.fowleri infection) after playing on a Slip ‘n Slide. A twelve year-old boy in LaBelle, Florida, died of PAM after kneeboarding in a water-filled ditch near his home. One very lucky twelve year-old girl from Arkansas managed to survive an N.fowleri infection, making her the third survivor in the recorded history of the disease.

For more:  http://hlconverge.com/

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