Category Archives: Training

Employment Practices Insurance: Wage And Hour Lawsuits Threaten 80% Of Employers Who Are Not In Compliance With Wage-And-Hour Laws

Now outranking discrimination lawsuits, measured by both number of filings and size of settlements, employment practices lawsuits have become an unforeseen calamity for companies across all industry sectors, the firm said.

Typically, wage-and-hour suits involve allegations that employers have failed to pay wages for time worked, or failed to pay at rates required by law.

According to Advisen, the Department of Labor (DOL) estimates that 80 percent of employers are not in compliance with applicable wage-and-hour laws.

(From a Property-Casualty.com article)  Insurers have been slow to respond with coverage for wage-and-hour lawsuits that have been an escalating threat to companies of all sizes over the past decade, Advisen Ltd. said in a new study.

The 21-page report, “The Threat of Wage-and-Hour Lawsuits,” examines the drivers of these suits and explores recent developments in wage-and-hour litigation. Additionally, it includes a survey of insurers that provide possible coverage.

Typically, wage-and-hour suits involve allegations that employers have failed to pay wages for time worked, or failed to pay at rates required by law.

According to Advisen, the Department of Labor (DOL) estimates that 80 percent of employers are not in compliance with applicable wage-and-hour laws.

Now outranking discrimination lawsuits, measured by both number of filings and size of settlements, employment practices lawsuits have become an unforeseen calamity for companies across all industry sectors, the firm said.

Alterations made to the Federal Labor Standards Act (FLSA) by the DOL in 2004 were originally intended to clarify definitions to make it easier for companies to comply. Instead, it brought focus to the issue and sparked awareness among the plaintiff’s bar, according to the report.

Advisen noted that the DOL and certain state labor departments have stepped up enforcement efforts in recent years, and the DOL has ramped up its Wage-and-Hour Division under the Obama administration.

http://www.property-casualty.com/News/2010/3/Pages/Wage–Hour-Suits-A-Growing-Uninsured-Risk-Advisen-Finds.aspx

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Restaurant Food Safety: The Top 10 Foods That Carry Salmonella Infection-Causing Bacteria Include Leafy Greens, Eggs, Tuna, Oysters And Potatoes

LEAFY GREENS: 363 outbreaks involving 13,568 reported cases of illness

EGGS: 352 outbreaks involving 11,163 reported cases of illness

TUNA: 268 outbreaks involving 2341 reported cases of illness

OYSTERS: 132 outbreaks involving 3409 reported cases of illness

POTATOES: 108 outbreaks involving 3659 reported cases of illness

CHEESE: 83 outbreaks involving 2761 reported cases of illness

ICE CREAM: 74 outbreaks involving 2594 reported cases of illness

TOMATOES: 31 outbreaks involving 3292 reported cases of illness

SPROUTS: 31 outbreaks involving 2022 reported cases of illness

BERRIES: 25 outbreaks involving 3397 reported cases of illness

 

Illnesses caused by these ten foods may be as minor as stomachcramps and diarrhea for a day or two, or as serious as kidney failure or death. Notably, pathogens most commonly associated with meat and poultry—such as been repeatedly linked to these food items.

In fact, Salmonella2 and E. coli O157:H73—also have Salmonella was identified as the cause in 33 percent of the outbreaks from the FDA Top Ten. Other pathogens causing the outbreaks associated with these foods include and Campylobacter, Scombrotoxin, Norovirus,Vibrio.4

http://cspinet.org/new/pdf/cspi_top_10_fda.pdf

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Hospitality Industry Health Issues: Swine Flu Risks Can Impact Hotels And Restaurants If Steps Are Not Taken To Educate Staff And Keep Establishments Clean

Swine flu is a type of influenza caused by a virus which can cause serious health complications or even death in a small proportion of the population. Officially called Influenza A H1N1, the symptoms are similar to ordinary flu (e.g. fever, headache, sneezing) but can be more severe.

The spread of the flu is now recognised as a pandemic (i.e. global epidemic) and its effects are likely to intensify during the autumn and winter. Businesses could be adversely affected and forward planning is important. The key challenge will be to maintain the normal operation of their business whilst protecting staff from unnecessary exposure – especially those who are most vulnerable.

 

 

(From a Lexology.com article)   Employers have a duty to take steps that are reasonably necessary to ensure the health, safety and welfare of all their employees, including those who are particularly at risk for whatever reason. Information on the symptoms of swine flu and those most at risk is available from the NHS at: www.nhs.uk/conditions/pandemic-flu/ pages/symptoms.aspx.

Simple precautions can make a big difference in preventing the spread of the virus:

  • Educate your staff without causing panic. For example, display posters outlining the most common symptoms of swine flu and the Government’s key precautionary steps.
  • Provide handwash and paper tissues in all communal areas and encourage their regular use.
  • Regularly clean surfaces frequently touched by people (including hotdesk areas, kitchens, toilets and showers).
  • Consider using telephone or videoconferencing where possible, instead of face-to-face meetings.
  • Keep work-related travel to a minimum, especially abroad.
  • Deploy those most at risk to areas where personal contact is minimal (e.g. allow them to work from home).
  • Send home anyone with flu-like symptoms (including the boss!) until they have been diagnosed. If confirmed as having swine flu, ensure they do not return to work until their symptoms have completely gone.

Employees also have a duty to take reasonable care of their own health and safety and that of people they work with. They must co-operate with their employer to enable it to comply with its duties under health and safety legislation. Accordingly, employees who refuse to co-operate or who recklessly risk their own health or that of colleagues or customers can be disciplined.

At present there is no obligation to report outbreaks of swine flu under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR), but this may change.

http://www.lexology.com/library/detail.aspx?g=847f7d6f-2a93-4d80-b8fa-0871e29c82a9

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Hospitality Industry Safety: OSHA Outreach Training Program May Be Mandated Nationally As It Stresses “Safety And Health Hazard Recognition And Prevention”

The OSHA Outreach Training Program is our primary way to train workers in the basics of occupational safety and health. Through the program, individuals who complete a one-week OSHA trainer course are authorized to teach 10-hour and 30-hour courses in construction or general industry safety and health hazard recognition and prevention. Authorized trainers can receive OSHA course completion cards for their students. Over the past three years, over 1.6 million students have received training through this program.

10-HOUR GENERAL INDUSTRY REQUIRED COURSE TOPICS
*OSHA subpart references are provided for informational purposes;

training should emphasize hazard awareness

Mandatory – 6 hours  
One Hour – Introduction to OSHA, including:

  • OSH Act, General Duty Clause, Employer and Employee Rights and Responsibilities, Whistleblower Rights, Recordkeeping basics
  • Inspections, Citations, and Penalties
  • Value of Safety and Health
  • OSHA Website and available resources
  • OSHA 800 number
One Hour 
Walking and Working Surfaces, Subpart D – including fall protection
One Hour 
Exit Routes, Emergency Action Plans, Fire Prevention Plans, and Fire Protection, Subpart E & L
One Hour 
Electrical, Subpart S
One Hour 
Personal Protective Equipment, Subpart I
One Hour 
Hazard Communication, Subpart Z
 

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Hotel Safety Issues: Carbon Monoxide Poisoning That Killed Hotel Guest In 2008 Caused By Blocked Basement Exhaust Vent During Remodeling

The lawsuit, filed in July 2008 in Philadelphia, alleged that a plastic canopy was placed over a basement exhaust vent and trapped the carbon monoxide emitted from hot water heaters. The poisonous air was pulled into the rooms by air handling units. In addition to Philip Prechtel’s death, several people, including Katherine Prechtel, were hospitalized.

(From a MCall.com article)   The family of a South Carolina man who died after inhaling carbon monoxide at an Upper Macungie Township hotel in January 2008 has settled a federal lawsuit against the hotel and several contractors.

Philip D. Prechtel, 63, died after a makeshift canopy placed on the side of the Best Western Allentown Inn & Suites during a remodeling project captured carbon monoxide gas that was drawn into several rooms, including the one Prechtel slept in with his wife, Katherine.

The terms of the settlement, reached last week, were not disclosed, according to court documents.

On behalf of the Prechtels, attorney James Huber of Allentown was seeking at least $350,000 for the loss of Philip Prechtel’s household services, Social Security benefits and health insurance. Huber was also seeking damages for the physical and emotional pain and loss suffered by Katherine Prechtel.

http://www.mcall.com/news/local/all-a5_5settle.7218447mar26,0,5677482.story

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Hospitality Industry Workplace Safety: Assistant Secretary Of Labor Stresses Need To Increase OSHA Penalties Against Employers Who Do Not Comply With OSHA Standards

Dr. David Michaels, Assistant Secretary of Labor for the Occupational Safety and Health Administration, who emphasized that current OSHA penalties must be increased in order to motivate employers to increase their compliance with the OSHA standards. Michaels stated that environmental laws currently carry much heavier penalties than penalties under the OSH Act, especially where loss of human life is involved.

(From and Hr.cch.com article)    The Workforce Protections Subcommittee of the House Education and Labor Committee held a hearing Tuesday on the “Protecting America’s Workers Act (PAWA) (H.R. 2067).” The bill, introduced by Rep. Lynn Woolsey (D-CA), chair of the subcommittee, addresses three major weaknesses in the Occupational Safety and Health (OSH) Act:

  • It would expand OSHA coverage to more than 8.5 million state and local public employees who currently have limited or no protection from safety and health hazards at work.
  • It also would amend OSHA’s whistleblower provisions to expedite the process because the current delays in decision-making deprives workers of due process.
  • Finally, the bill would update civil and criminal penalties.

http://hr.cch.com/news/safety/032410a.asp

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Restaurant Industry Food Safety: Foodservice Employees’ Illnesses Are A Source Of Contamination At Restaurants And Can Be Traced To A Lack Of Insurance And Paid Sick Days

“…Affordable health insurance and paid sick days for all foodservice employees…would achieve significant and measurable improvements in food safety, especially as it relates to the thousands upon millions of non-outbreak, or sporadic, illnesses caused by contaminated restaurant food each year….”

(From a ChainLeader.com article)   First, many servers and food workers are responsible for covering their own shifts, which, in these times of lean staffing, can be next to impossible. Second, if they stay home, they make no money. Third, if they appear to “flake out” by not coming to work, they may lose premium shifts. They might even lose their jobs.

And so the food-safety precaution that the restaurant industry relies on to protect customers from much of foodborne illness is the expectation that these employees will decide on their own to stay home.

http://www.chainleader.com/article/452255-Food_Safety_Solutions_Execution_and_Advocacy.php

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Hotel Health And Safety Issues: Education On The “Risks For Infestation” Of Bed Bugs May Help Keep Treatment And Legal Costs Down

“Based on the traveling behavior of bed bugs, any industry or travel destination with a high visitor turn over is particularly at-risk for infestation,” said White. “It will be especially important for the hospitality industry to be educated on this matter so they can respond competently to a situation where treatment and legal costs can spike quickly.”

(From a PCTOnline.com article)   Pennsylvania’s hospitality sector has recognized the risks bed bugs pose to their industry and will gather March 25 to attend a bed bug seminar hosted by the Greater Philadelphia Hotel Association (GPHA) to learn how to combat this emerging issue.

GPHA is an association that represents the interests of the hospitality industry throughout Pennsylvania and southern New Jersey. Their activities include civic representation, community partnerships and industry education.

The association’s statewide seminar titled, “Bed Bugs and the Hospitality Industry: Little Bugs, Big Problem” will be held at the downtown Marriott Hotel in Philadelphia, PA, March 25 at 8:30 a.m. The event will address the latest information on bed bugs and the most recent treatment breakthroughs to minimize cost. The seminar will also tackle the problems this pest represents that are unique to the hospitality industry.

Suzanne Geyer, an associate director with GPHA acknowledged that the bed bug seminar would present important information to industry management regarding the correct procedures needed to effectively approach dealing with bed bugs.

“This seminar will be especially important for practitioners because the information provided here is specific to hospitality and will provide a deeper understanding of bed bugs and some of the strategies needed to minimize the operational impact these pests can inflict,” said Geyer.

http://www.pctonline.com/Philadelphia-bed-bug-seminar.aspx

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Sexual Harassment In The Hospitality Industry: Restaurant Operators Should Have Backgrounds Checked Closely To Prevent Harassment Of Gays

The hospitality industry is calling for people who operate restaurants to be subjected to more stringent vetting following the case of a restaurateur fined for sexually harassing a gay worker.

(From a TVNZ.co.nz article)   Hospitality workers made up 10% of workplace sexual harassment complaints to the Human Rights Commission in the last two years and in the latest incident the Employment Relations Authority found an Auckland restaurateur guilty of sexually harassing an employee.

Graeme George Edwards has been fined $15,000 in damages and lost pay after harassing, then sacking, a gay employee at his Mexican restaurant.

Hospitality insiders say it’s just the tip of the iceberg and the behaviour is widespread.http://tvnz.co.nz/national-news/harassment-rife-in-hospitality-sector-3423490

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Hospitality Industry Safety: Hotel Management Must Insure That ALL Staff Are Prepared For And Knowledgable Of Fire Safety System

 

“Sleepless in Seattle”: A true fire alarm tale reveals lessons “From the Field”

This last weekend, I stayed at a full service hotel in downtown Seattle. When I checked in, I was delighted to receive a room on the very top floor of the hotel (the 20th floor), as I was excited about having a spectacular view of Seattle. It was my first time visiting Seattle, so I was looking forward to an “adventure”. Yes, I was about to have an “adventure”.

The adventure begins

After a great dinner, I went to bed. At 4am, my “adventure” started. The fire alarm siren went off like an atomic bomb exploding inside my guestroom. It was very LOUD and CLEAR. Now, I am an experienced hotel security and risk management professional, so what did I do? Exactly what everyone who has any experience with hotel fire alarms would do…I stayed comfortably in my warm bed. I suspected that someone got caught smoking in a hallway, or an employee burnt a piece of toast, setting off the alarm.

Then it came….a barely audible PA announcement. “This is hotel security, there’s a fire in the hotel, evacuate the hotel using the South stairwell!” The announcement was made only ONCE, and it was hard to hear and understand, BUT it was enough to get my warm butt up and evacuating. By the way, which way is South? There was no compass in my guestroom to point me in the right direction.

I exited my hotel room and immediately met up with eight women who had just exited their rooms, but did not know where to go, or where the South stairwell was. They were standing a mere ten feet away from the stairwell door. I knew exactly where the stairwell was, as I am a trained risk management professional, and always make a mental note of all emergency exits on my floor when I stay at any hotel. (Truth be told, I had to use the stairs earlier to get a soda from a machine on the floor below. But don’t tell my wife, she thinks I actually was pre-prepared for the fire and that impressed her.)

We all evacuated the hotel down the stairwell. Yes, I’m talking 20 flights of evacuation stairs. I didn’t think that view of Seattle was so “spectacular” now. I do have to say I loved every moment of it though, as I was participating in an actual hotel emergency, but WAS NOT responsible for it. As a risk manager for the hospitality industry, I spend a majority of my time training, planning and preparing hotels for these types of emergencies. I was now being “a fly on the wall” in an actual emergency in all its glory.

Lessons learned

With every experience, come lessons to learn from in order to seek improvement. Here are the lessons I learned:

  1. If you’re going to evacuate a hotel, make more than one announcement on the hotel-wide PA system. Guests who are startled at 4am need more than one announcement to clear their head and have them understand what you want them to do. At least three announcements should be made in succession. 
  2. Mark all emergency exit stairwell doors. They should be marked with a sign on the actual door of the stairwell, both at eye-level and at ground level. The Seattle hotel had the mandated illuminated “Exit” signs high above the doors, but it did not have a simple “emergency exit” sign or “stairs” sign on the door to the stairwell. The guests I met in the hallway were literally in front of the stairwell door, but did not recognize it as such, because there was no marking on the door itself. People do not look up during a crisis. The illuminated “exit” signs could be concealed if smoke was in the hallway. As smoke rises, it would cover signs that are posted higher than three feet from the ground. This is why all hotels should post room numbers and exit signs also on the bottom of the door face. Currently, only a handful of counties and municipalities require this as code. 
  3. Train hotel staff how to use the emergency fire panel. I learned from talking to other guests that floors 3, 4, 5, and 6, along with floors 18, 19 and 20 were the only floors evacuated. Floors 7 through 17 were not evacuated and received no fire alarm siren at all. I have to surmise that hotel personnel who were operating the fire panel did not completely understand how to operate the panel properly, because the actual fire was on the 5th floor. A decision to evacuate floors 18-20 but not 7-17 made no sense whatsoever. 
  4. As a side note, I was absolutely shocked at how many adults actually wear pajamas to bed. I would have never guessed that many.

 

In retrospect

After the entire incident, I was pleased to discover that all of the things us risk managers stress over and over again actually do have merit.

Educate your staff on how to operate your hotel’s fire life safety system. Make sure every management, night audit, engineering and security employee knows how to operate the fire panel and PA system. Train all employees about their respective response roles in the event of a fire alarm and/or hotel evacuation. This must be a carefully orchestrated procedure in order to minimize risks to guests and staff alike. And keep in mind, as never fails, most hotel fire alarms do occur during the overnight shift when no one is expecting them and there are the least number of staff to respond.

Review your hotel’s Emergency Response Plan, and make sure it has been updated. Ensure all personnel actually read and understand the emergency plan on a regular basis. A yearly fire drill with evacuation is recommended.

Post-script

The actual fire was a small grease fire that occurred on a stove in the restaurant’s kitchen. The kitchen was on the 5th floor of the hotel. While the hotel probably did not need to be evacuated at all, there was a large amount of smoke, so I’m sure the limited hotel staff on duty decided to be safe than sorry.

(Todd Seiders is director of risk management for Petra Risk Solutions, which provides a full-range of risk management and insurance services for hospitality owners and operators. Their website is: www.petrarisksolutions.com. Todd can be reached at 800-466-8951 or via e-mail at: todds@petrarisksolutions.com.)

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