Category Archives: Training

Hospitality Industry Employee Risks: Hotel Management Should Use Employment Contracts Which Are "At Will", Do Not Discriminate And Define Scope Of Employment; Comprehensive Insurance Should Be In Place At All Times

Hotel Management and owners should set up uniform employment contracts, which:

  • Do not discriminate against people based on any of the protected classes as defined by federal or state law;
  • Define the scope of the employment;
  • Say if the employment is for a term or “at will”;
  • Assign the pre-corporate formation intellectual property to the company;
  • Assign all subsequently created intellectual property to the company; and
  • Protect the corporate intellectual property from disclosure.

The last two categories of protecting intellectual property of the company can be accomplished by drafting non-disclosure agreements, and Proprietary Invention Assignment Agreements.

Insurance – Getting insurance for your company is a bet worth taking, given the potential unpleasant surprises of not being prepared. Again, your needs will vary depending on your company, but among the standard offerings are:

  • Comprehensive General Liability Policies (“CGL”) – A CGL policy is usually geared towards protecting a company from personal injury;
  • Directors and Officers (“D&O”) Insurance – D&O insurance may cover the wrongful acts of the officers and directors of a company;
  • Advertising Injury Insurance – Insurance that covers defamation, invasion of privacy, copyright infringement and other intellectual property injuries. (The advertising injury is usually a part of a larger policy, like a CGL, and not a policy onto itself.); and
  • Employment Practices Liability Insurance (“EPLI”) – The EPLI is a specialized insurance policy protecting companies against employment lawsuits.

For more:  http://venturebeat.com/2011/06/27/4-legal-pitfalls-startup-owners-must-face/

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

Hospitality Industry Health Risks: Hotel Owners Can Now Obtain "Bed Bug" Insurance Policies That Combine Insurance For Pest Control And "Lost Revenue"

“…In the past, the cost of treating bedbugs was seen as an unplanned expense that had to be paid out of pocket by the landlord…”

“…Treatment of bedbug problems and replacement of any property was excluded from property insurance policies. In recent months, some hotels have obtained loss of attraction coverage that covers losses if rooms have to be taken out of service because of bed-bug infestations…”

Aon Risk Solutions, the risk management arm of giant insurance broker Aon Corp., has teamed with Global Excess Partners, a Manhattan-based commercial property insurance company, and Terminix, the nation’s largest pest-control company, to offer the first-ever bedbug-specific insurance policy for hotels, landlords and corporations.

The new insurance plan, announced Monday, will not only cover the cost of bedbug termination, but also covers lost revenue during the time the creatures are still running riot before succumbing to pest eradication techniques that range from a new non-toxic treatment that can clean a room in five days or less, to mattress encasements.

In an effort to quell a chance of an outbreak, many companies have been hiring exterminators like M&M to conduct monthly preventive visits, which cost anywhere from $100 to several thousand dollars. Mr. Wong said his company recently conducted a $25,000 job that came as a result of bedbug infestation.

For more:  http://www.crainsnewyork.com/article/20110613/REAL_ESTATE/110619964

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Filed under Claims, Health, Insurance, Liability, Maintenance, Management And Ownership, Risk Management, Training

Hospitality Industry Health Risks: Arkansas Hotel Evacuated After High Levels Of "Carbon Monoxide" Sickens Family Of Four; Traced To A Faulty Swimming Pool Heater

“…Fire Department officials say a North Little Rock hotel was evacuated after a family of four was hospitalized with carbon monoxide poisoning…traced to a faulty swimming pool heater…”

The Arkansas Democrat-Gazette reported Friday that Fire Department Capt. J.R. Pflasterer said the carbon monoxide was found at unsafe levels throughout the hotel Thursday He said it was traced to a faulty swimming pool heater.  Pflasterer said 64 people were forced to leave the Comfort Inn and Suites after the family went to a hospital about 8 a.m. He said about 10 of those evacuated reported headaches or dizziness.

Pflasterer said carbon monoxide levels returned to normal Thursday afternoon. The hotel’s telephone number was continually busy Friday morning, so it could not be learned when it would reopen.

For more:  http://www.therepublic.com/view/story/852f6fb07d9149cb9238e0adf171f81b/AR–Carbon-Monoxide-Ark-Hotel/

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

Hospitality Industry Risk: "Petra Risk Solutions" Releases "P3 Hospitality Risk Report" Video On "Innkeeper's Limit Of Liability"

[vimeo http://www.vimeo.com/52513786 w=630&h=354]

Petra Risk Solutions’ Director of Risk Management, Todd Seiders, offers a P3 Hospitality Risk Report – ‘Innkeeper’s Limit of Liability’. 

  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, Injuries, Insurance, Labor Issues, Liability, Management And Ownership, Risk Management, Training

Hotel Industry Pool Safety Risks: Hotel Management Must Insure Full "Pool And Spa" Safety Compliance Including Drain Cover And "Clear Water" Maintenance

“…On average 566 people are hospitalized in Florida each year for injuries suffered from near drowning… Costs of a near drowning-related hospital stay range from $10,000 for standard 2-day treatment to $4 million in case of brain damage…”

“…Federal law requires public pools and hot tubs to be equipped with an anti-entrapment drain cover. A safety vacuum release system is required for those pools or hot tubs with a single main drain…”

 “…Keep pools clean and clear so that swimmers can be seen if they are in trouble in the water. This can prevent drownings. Also clean and clear water is a sign of disease free water. ..”

According to the Florida Department of Health, studies from 2001-2005 suggest that the state averages 465 deaths per year from unintentional drowning. Similar studies suggest that Florida ranks in the United States in drowning deaths for young children. A more recent statistic points that in 2008 71% Florida’s drowning deaths involved children ages 0-4. The federal and state laws offer some pool regulations through the Virginia Graeme Baker Pool and Spa Safety Act of 2007, named after a 7-year-old who died after the suction of a drain entrapped her underwater. Entrapment occurs when a pool’s filtration system sucks a child under water.

The U.S. Consumer Product Safety Commission enforces the law, and public places such as health clubs and hotels must comply or risk an immediate closure of the pool area. So the first step to pool safety is to make sure the pool drain complies with the law and has a safety vacuum release.

In addition to preventing the dangers from faulty drains there are other steps to make pools safer. Many pools with cloudy water may contain harmful bacteria. Believe it or not many deaths and injuries come from bacteria in pools and spas. Legionnaires disease is a disease that can kill and can be acquired from just sitting next to a dirty hot tub or spa. In a recent Orlando case a visitor from England died when exposed to Legionella bacteria and acquired Legionnaires disease sitting poolside next to a hotel spa next to the pool. If the hot tub is dirty or murky, stay away and contact the pool operator and the County Health Department. Your life may depend on it.

For more:  http://orlando.injuryboard.com/property-owners-liability-slip-and-fall/pool-safety-tips-for-summer-.aspx?googleid=291052

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Filed under Health, Injuries, Insurance, Management And Ownership, Pool And Spa, Training

Hospitality Industry Legal Risks: Amended "Americans With Disabilities Act" (ADA) Became Law On May 24 With Potential For "Increased Frequency Of Litigation Losses"; Management Must Improve Accomodation Efforts

“…under the amended act, an employee who suffers from depression may be able to function quite normally with the aid of medication but will still be considered to be disabled and will need to receive accommodation….”

“…the frequency of discrimination claims will likely increase — as will the frequency of litigation losses — but she says the severity of individual claims will likely not change all that much, with class actions in this field being a rarity…”

Existing employment-practices liability insurance policies shouldn’t have to be rewritten or modified, she says. “We would push back on any attempt to limit coverage just because the act has been expanded.”

Employers, however, should be integrating their disability-management programs to include non-occupationally injured and ill employees, and not just workers’ compensation cases, according to Pimentel.

“That is the big trend, and by the way, from an ADA-compliance standpoint, I recommend employers take a close look at doing that,” Pimentel says.

Employers should also be revisiting how much training they are doing among their supervisors on employee etiquette, language and comfort levels in communicating with disabled employees, he advises.

“Talking to them about their needs for accommodation is … an enforced requirement under the law,” Pimentel says.

For more:  http://www.hreonline.com/HRE/story.jsp?storyId=533338925

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Filed under Claims, Employment Practices Liability, Insurance, Labor Issues, Legislation, Liability, Management And Ownership, Risk Management, Training

Hotel Industry Guest Health Risks: More Major Hotels Are Offering "Allergy Friendly" Rooms To Satisfy Demand From Sensitive Guests

Hyatt Rooms Executive Ash Awasthi said you will notice the air smells pure as soon as you walk into one of their 10 rooms set aside and treated to be allergy friendly…”They are nine to ten times purer than what you get outside.”

Hyatt places a $25 per night up charge for an allergy friendly room…The American Hotel and Lodging Association says almost 40% of all hotels now have allergy friendly options and up-charges vary.

Most people don’t realize this, but you can ask for an allergy friendly room at the Hyatt.

Awasthi said these rooms are special for three reasons. First, he said very single surface is chemically treated so dust doesn’t stick. Also, there is a special casing on the mattress and pillows. “Basically it’s the fabric that prevents any impurities,” he said. He also pointed out what he said is a medical grade air purifier. “This filters out 99% of the particles or bacteria you have in the room.”

Lewis had not heard of allergy friendly hotel rooms and said, “It’s certainly something I would look into going forward.”

Hyatt places a $25 per night up charge for an allergy friendly room. “If I went outside and found myself gasping for air, I think $25 is fair,” Lewis said.

Ear Nose and Throat Doctor Carmelo Saraceno in Tampa says he would recommend the rooms to his patients and thinks they are a great option. “It’s (allergies) not comfortable and leads to other medical conditions later on,” he said about the long-term affects of allergies.

Lewis tried an allergy friendly room shortly after we met him at the Hyatt and noticed his eyes were not nearly as itchy the following morning.

For more:  http://www.abcactionnews.com/dpp/homepage_showcase/more-hotels-going-allergy-friendly

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Filed under Health, Management And Ownership, Technology, Training

Hospitality Industry Employee Security: New York Hotel Suspends Supervisor For Failing To Report "Sexual Assault" On Housekeeper In Timely Manner

“…Authorities say the businessman, who is in his 70s, attacked a maid at The Pierre hotel…The hotel… suspended the supervisor of housekeeping for not reporting the alleged assault…”

The maid told her superiors that she was assaulted that night, but they said it was best to wait until the following morning to report it to the security director, a law enforcement official told The Associated Press on Tuesday. The director called police Monday morning.

A businessman and former chairman of a major Egyptian bank charged with sexually abusing a housekeeper at a luxury Manhattan hotel is being held on $25,000 bail and has been ordered to hand over his passport because he is considered a flight risk. Omar was arraigned on two counts of sexual abuse and forcible touching.

Authorities say the maid was called to Omar’s room Sunday evening to drop off tissues. District Attorney Nicole Blumberg said that when the victim entered the room, the defendant grabbed her in a bear hug and her kissed her on the lips and neck and told her repeatedly that he liked her, before grabbing her breasts.

The prosecutor said that as the maid tried to get away, he grabbed her in a second bear hug, grinding his groin against her leg. She broke away again, and the prosecutor said the defendant then squeezed her buttocks.

Pierre spokeswoman Nora Walsh said in an email to The Associated Press on Wednesday that the supervisor of housekeeping was suspended pending an investigation.

For more:  http://www.taiwannews.com.tw/etn/news_content.php?id=1615690

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Filed under Crime, Guest Issues, Labor Issues, Management And Ownership, Risk Management, Training

Hospitality Industry Guest Service: Hotels Will Optimize "Guest Satisfaction" By Following Retail Industry Leaders Such As Nordstroms In Using "Hand Held" Devices For "Check-In, Room Key Cards, Spa, Restaurant And Other Services"

“…Nordstroms’ President, Blake Nordstrom, announced that some 5,000 hand held devices will be in the hands of Sales Associates by this July…”

“…everyone is in Guest Services…no more Front Desk – we have a Concierge Center. Check folks in right there on your hand held, take their credit card impression, dispense the “room key card”, via e-mail, and the bar code will open the Guest Room door, plus be used for all Hotel charges – spa, restaurant, golf, etc…”

 Nordstrom’s credo is exceptional Customer Service, and,   for those of us who have waited in line or even tried to find a Sales Associate in these large stores, the mobile application is just great.  By the way, Nordstroms just posted a 6.5 percent increase in first-quarter same-store sales.

Many operations already have the option of Kiosks, but they are so impersonal.  Get your people out from behind their desks (those barriers), meeting, greeting and rooming your Guests.  This is the “personal touch” in a technical world, and, watch, in 3-5 years this is what it will look like.

For more:  http://www.hoteltechresource.com/article54896.html

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

Hotel Industry Employee Security Risks: Arrest Of IMF Executive For Sexual Assault On Housekeeper Highlights Potential Dangers As Security Personnel Layoffs Leave Staff Vulnerable

“…Hotel housekeepers say they often feel a twinge of fear when they slide the key card, turn the door handle and step into a room to clean it. What will they find?…”

“…Many more (incidents) are hushed up, labor groups say, because the victims are illegal immigrants or because hotels are wary of scaring off guests. Many hotels laid off security staff during the recession, leaving workers even more vulnerable…”

For Argelia Rico, it was a naked man who touched himself as he ogled her. For Kimberly Phillips, it was a pair of dogs that tore into her leg.

Last week the former head of the International Monetary Fund, Dominique Strauss-Kahn, was charged with chasing a housekeeper around his $3,000-a-night penthouse suite and forcing her to perform oral sex on him at the Sofitel hotel in New York.

Labor groups and hotel housekeepers have reported at least 10 other such incidents in the United States in recent years, from Gaithersburg to remote Grand Island, Neb.

“It’s dangerous work,” said Yazmin Vazquez, who works at a hotel in downtown Chicago. “These customers think they can use us for anything they want, because we don’t have the power that they have or the money that they have.”

For more:  http://www.washingtonpost.com/politics/in-wake-of-strauss-kahn-arrest-hotel-housekeepers-say-jobs-often-make-them-wary/2011/05/21/AFIe6j8G_story.html

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Filed under Crime, Guest Issues, Labor Issues, Liability, Risk Management, Training