Tag Archives: Training
“2014 Hospitality Law Conference” Sponsored By HospitalityLawyer.com On February 10-12 Features Industry Legal, Safety And Security Solutions
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Hospitality Industry Legal Risks: Restaurants And Hotels Must “Thoroughly And Consistently” Train Employees For Alcohol Service
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Hospitality Industry Safety Risks: Hawaii Hotel Fined $48,000 By OSHA For 14 “Workplace Safety And Health Violationsâ€; Lack Of Employee Training
According to the OSHA release, the serious violations at Kauai Beach Resort involved storage, handling and labeling of propane tanks, electrical wiring, electrical work practices by untrained maintenance personnel, and training and use of personal respiratory and 
electrical protective equipment.
A popular Kauai hotel received 14 workplace safety and health standards violations on Thursday, and nine of them were serious enough for the U.S. Department of Labor’s Occupational Safety and Health Administration to take action. Kauai Beach Resort in Lihue faces a total of $48,000 in proposed fines. Kai Management Services of Lihue, the management company for Kauai Beach Resort, received the violations following a routine inspection conducted on Feb. 14 by the OSHA Honolulu Area Office.
- Workers mixing chlorine for swimming pools do not present a hazard to swimmers. Failing to follow proper safety precautions puts the workers health in jeopardy and it is the responsibility of the employer to train them, he said.
- The maid service handles chemicals and it is the responsibility of management to ensure they are trained and using safety equipment, he said.
- Untrained workers altering the wiring of an electrical panel in performing day-to-day maintenance is a serious violation. Management must ensure that only qualified personnel work on energized circuits, he said.
- Another violation included the incorrect use of flexible cords as substitutes for fixed wiring. In some instances this occurs from daisy-chaining several electrical strips in an industrial kitchen, where an overload from high amperage appliances could cause melting and a fire hazard, Lemke said.
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Hospitality Industry Legal Risks: Hawaii Restaurant Group Settles “Sexual Harassment” Lawsuit With EEOC For $150,000, Harassment Training For All Employees & Managers
“…the (kitchen) supervisor subjected the workers, some of whom were between the ages of 17 and 19, to sexual comments, language and advances, the EEOC said. Upon reporting the harassment to the general manager, the EEOC said, Panda Express management failed to take 
enough action to stop or correct the situation…”
Chinese quick service restaurant giant Panda Express will pay $150,000 to settle an EEOC lawsuit on behalf of at least three female teenagers who were allegedly sexually harassed between 2007 and 2009 while working in a restaurant in Kauai, Hawaii, the federal agency announced today.
Sexual harassment violates Title VII of the Civil Rights Act of 1964. The EEOC filed its lawsuit in September 2012 in U.S. District Court for the District of Hawaii (EEOC v. Panda Express, Inc. and Panda Restaurant Groups, Inc., Case No. 1:12-cv-00530-SOM-RLP) after first attempting to reach a pre-litigation settlement through its conciliation process. As part of the settlement announced today, the parties entered into a two-year consent decree requiring Panda Express to designate an in-house equal employment opportunity (EEO) coordinator; revise and distribute its anti-harassment policy and procedures; and provide annual sexual harassment training to all employees in Kapaa and to all general managers in the state of Hawaii. EEOC will monitor compliance with the agreement, and Panda Express agreed to reinforce its protocols relating to complaints of sexual harassment in its Hawaii region.
“We commend Panda Express for working with the EEOC to correct serious lapses in dealing with sexual harassment in the workplace,” said Anna Y. Park, regional attorney for the EEOC’s Los Angeles District Office, which includes Hawaii in its jurisdiction. “We trust that Panda Express’s company values are consistent with the goals of the EEOC’s mission, and we commend them for agreeing to broader injunctive remedies to ensure that the workers in Hawaii are protected.”
For more:Â http://www.eeoc.gov/eeoc/newsroom/release/5-29-13a.cfm
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Hospitality Industry Legal Risks: Pennsylvania Restaurant Settles “Excessive Alcohol Lawsuit” For $8.9 Million; Staff To Complete “Responsible Alcohol Management Training” And Establish “Designated Driver Program”
“…(the drunk driver) consumed at least six liters of beer and several shots of liquor over a period of about 41/2 hours…(he) vomited on a table and was escorted out of the bar by security. He was allowed to leave, walked to his car and crashed a short time later…his 
blood-alcohol level an hour after the crash was 0.219, more than twice the legal limit…”
- The restaurant’s staff, including managers, servers, bartenders and security, to be certified in Responsible Alcohol Management training through an approved Pennsylvania Liquor Control Board trainer.
- Responsibility for identifying intoxicated guests will be included in job descriptions for security personnel. In addition, the restaurant will establish guidelines for responsible alcohol service and disseminate those to employees.
- It will use a new point-of-sales system to provide individual checks so they know how much alcohol each customer is getting.
- It also will provide water to guests to slow alcohol consumption; will establish a designated driver program providing complimentary non-alcohol beverages and will provide free light food for guests who appear to be intoxicated.
The family of a 7-year-old girl who was killed by a drunken driver in 2010 after he left the Hofbrauhaus restaurant on the South Side on Tuesday reached a $15.6 million settlement with the company. In addition to the financial payout, the German-style facility has agreed to a number of changes in its protocol to try to reduce customer intoxication and drunken driving.
Lexa Cleland, who was asleep in the back seat as her mother drove to pick up her husband, Mark, from work the night of Dec. 4, 2010, was killed instantly when her mother’s Toyota Camry was struck by a Ford Mustang driven by Travis Isiminger on East Carson Street on the South Side.
The settlement breakdown pays $8.9 million to Nicole Cleland; $500,000 to Mark Cleland; $2.1 million to the estate of Lexa Cleland; and just over $4 million to their attorneys, Goodrich & Associates, for costs and fees.
The lawsuit was filed against Hofbrauhaus and Isiminger, whose insurance will be responsible for paying $100,000 of the settlement.
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Hospitality Industry Security Solutions: Hotels In Metropolitan Areas Should “Create Actual Security” With “Layers Of Properly Trained Personnel”; A Need For Sophisticated Security Cameras For Thermal And Infrared Viewing
“…what (hoteliers) want to create is actual security and depth—layers of properly trained personnel to meet the risks that are known for the venue you’re in…if you’re in Times Square, covert effort is more appropriate…vulnerability audits help find ‘weakness in the system that can be 
exploited or lapse during a crisis’…the audit shows some oft-forgotten measures, such as making sure the hotel’s website can handle a thousand times the traffic without crashing or that associates know appropriate protocols….every employee is a crisis manager and a (public relations representative) for the organization…’if you don’t teach them what they should and shouldn’t do, they’ll wing it’, and that can be dangerous to a hotel’s reputation…”
“…(sophisticated security equipment such as)Â thermal and infrared viewing for nighttime and low-visibility conditions, license plate readers, car counters, people counters, cameras with analytics that follow subjects automatically and alert critical areas of operation…”
While hotels can be safe havens for guests, they can be the target of attacks as well. Anthony C. Roman, president of risk-management firm Roman & Associates, said the hotel industry has suffered in the last decade. Hard economic times globally have caused hotels to cut back on security budgets. As more hotels are taking the appropriate preventive security measures, other hotel brands have not addressed the issue at all. “And yet other brands are subcontracting their security requirements to private security companies,†he said.
The constant flow of large numbers of people in and out of hotels during daily business hours makes them vulnerable for attacks, according to global intelligence agency Stratfor. “There’s certainly fear,†Haley explained. “There are few targets that offer the potential awards for motivated terrorists that hotels do.†Those rewards are a large target with potentially massive body counts and global exposure. The problem with hotels, he added, is “they’re open and inviting places.â€
For more:Â http://www.hotelnewsnow.com/Articles.aspx/10326/Terrorism-risks-heighten-hotelier-awareness
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Hospitality Industry Security Risks: Hotels And Resorts Are “Vulnerable To Security Threats” And Crime As Staff Is Trained To Maximize Guest Experience
“…Because of the nature of their business, implementing TSA-style security measures at hotels would not be a good idea, Todd Seiders says. “They would have to limit the entry into their buildings, search bags, confirm you have business there and inconvenience everyone. The general 
public will not stand for that (look at the continuing uproar about the TSA at airports). Complicating the issue is the fact that hotel staff members are, by and large, trained to please potential guests, which can render them vulnerable to security threats…”
Todd Seiders, director of risk management at Petra Risk Solutions and former director of loss prevention at Marriott, discussed how hotels and public events can work to increase traveler safety in the future.
“The Boston Marathon bombing is just another example of how hard it is to secure public places and events,†Seiders says. “According to the news, bomb dogs had swept the finish line area 1 hour prior to the start of the marathon. So obviously police did everything they could to secure the area, and the bombs were brought in during the event.â€
“There is a constant clash between hotel security experts and seasoned hotel management people, whose pay and bonuses depend on guest satisfaction surveys and comments,†Seiders continues. “Hotel security experts need to find more guest friendly ways to provide security, and hotel managers need to take security more seriously. A large number of hotels do not have a dedicated security staff, so security falls on the guest service staff, and guest service staff is trained never to say no or to offend or interfere with the guest experience.â€
Seiders recommends hotels install HD cameras to monitor open public spaces, exits and entrances, both to deter crime and to aid investigation should one occur. Staff should be trained to pick up and investigate unattended bags or luggage, and hotels should work closely with their local police of sheriff department, along with Homeland Security, to discuss security and terrorism.
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Hospitality Industry Crime Risks: Hotel Management Must Become More Aware Of Child Sex Trafficking At Properties; Front Desk Employees And Staff Must Be Trained To Look For Visual Clues
“…front desk employees, for example, are encouraged to look for visual clues like signs of abuse or fear among 
potential victims; young people made up to look older; and clients who pay with cash, are reluctant to provide identification or have no luggage…housekeeping staff might be alerted to criminal activity if there are an unusually large number of electronic devices in guest rooms, or many condoms in the wastebasket…”
THE travel industry — long an unwitting participant in human trafficking at hotels and on airplanes, trains and buses — lately has been increasing efforts to combat the problem, working with private advocacy groups and the federal government in long-term, coordinated initiatives that go beyond its normal philanthropic activities.
“People don’t realize how prevalent it is,†Sam Gilliland, chief executive of the travel technology company Sabre Holdings, said of the trafficking problem. “It is not restricted to certain areas in the world. It’s everywhere.â€
He called human trafficking a $32 billion-a-year business, but the Polaris Project, an advocacy group, thinks it is higher. The group said that an estimated 21 to 27 million people globally are held as virtual slaves.
Stephen Barth, a lawyer and professor of hospitality law at the University of Houston, said he believed that among the travel industry’s major brands, awareness of the problem had become widespread. “The goal now is to create more awareness among the 50,000 independent hotels scattered all over the U.S. and around the world,†he said.
But challenges remain, particularly among cheaper properties. “Franchisers don’t actually operate the franchised hotels,†which can result in variable compliance, he said. And at some properties, both franchised and independent, security might consist of only one person at the front desk.
For more:Â http://www.nytimes.com/2012/11/09/giving/the-travel-industry-takes-on-human-trafficking.html?emc=eta1&_r=1&
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Hospitality Industry Legal Risks: Texas Restaurant Settles "Disability Discrimination" Lawsuit For $41,500 And Agrees To Train Managers On Use Of "Hearing-Impaired Communication Systems"
“…the EEOC alleged that the company violated the Americans with Disabilities Act of 1990 by denying job applicant Michael Harrison employment at its Wendy’s franchise in Killeen, Texas, after learning of his hearing 
impairment…In addition to paying $41,500 to Mr. Harrison, Wendy’s agreed to provide all managers and supervisory employees training on the ADA and specific training on the use of hearing-impaired communication systems…”
A franchisee of The Wendy’s Co. fast-food restaurant chain has agreed to settle a disability discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission, paying $41,500 to resolve the case and implement employee training.
After successfully interviewing with the Wendy’s shift manager for a cooker position, Mr. Harrison was interviewed by the general manager through a telephonic system for the hearing-impaired. During the course of the interview, the EEOC alleged that the general manager told Mr. Harrison that “there is really no place for someone we cannot communicate with,†the EEOC said in the statement.
After failing to reach a prelitigation settlement, the EEOC filed the lawsuit in the U.S. District Court for the Western District of Texas in Waco.
For more:Â http://www.businessinsurance.com/article/20121011/NEWS07/121019971?tags=|70|75|305|303
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