Tag Archives: Workplace Safety

by | January 31, 2018 · 11:52 pm

California Adopts Housekeeping Injury Prevention Rule

California’s Division of Occupational Safety and Health has adopted a new rule to help reduce injuries for hotel housekeepers.

Cal/OSHA’s Occupational Safety and Health Standards Board approved the rule in a 5-0 vote on Thursday.

The rule will require employers to establish, implement and maintain an effective written musculoskeletal injury prevention program that addresses hazards specific to housekeeping, according to Cal/OSHA.

housekeeping

“Hotel housekeepers are the invisible backbone of the hospitality industry,” Pamela Vossenas, New York-based director of worker safety and health for union Unite Here, said Friday in a statement. “Overwhelmingly women, immigrants and people of color, housekeepers face high rates of workplace injury. The state of California has recognized the seriousness of the dangers housekeepers face and took an important step to protect these workers.”

Lifting 100-pound mattresses and pushing heavy carts and vacuums can lead housekeepers to suffer strain, sprain and tear injuries that can require physical therapy or even lead to permanent disability, according to the union, which first petitioned Cal/OSHA to develop a standard to protect hospitality workers from injury in 2012.

Read entire article: Business Insurance

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by | August 7, 2013 · 6:22 am

Hospitality Industry Legal Risks: Kansas Hotel Group Pays Fired Worker $22,000 In Back Pay And Damages; Filed “Whistleblower Complaint” After Raising Workplace Safety Issues

“…every employee has the right to raise workplace safety and health concerns without fear of retaliation or termination,” said Marthe Kent, OSHA’s New England regional administrator. “When employees are fearful or reluctant to raise these issues with their employers, hazardous conditions could go undetected until employees are injured or sickened…”

http://www.whistleblowers.gov/

http://www.whistleblowers.gov/

“…True North will immediately post the whistleblower fact sheet and OSHA poster, in English and Spanish, in conspicuous locations at all of its work premises nationwide, where they can be seen and read by all employees. It will also provide annual training on whistleblower rights and employer responsibilities to all managers and supervisors and provide training materials to all newly hired or promoted managers.”

As part of an enterprise wide settlement agreement with the U.S. Department of Labor, True North Hotel Group Inc., a hotel management company based in Overland Park, Kan., will pay $22,225 in back wages and compensatory damages to a former employee who was terminated from a Massachusetts location after raising workplace safety concerns. The company will also educate all its managers and notify its employees nationwide about workers’ whistleblower rights under the Occupational Safety and Health Act as administered by the Occupational Safety and Health Administration (OSHA).

As the story goes, a worker at True North’s Devens Conference Center in Massachusetts was subjected to disciplinary action and then terminated in October 2011 after notifying superiors about safety concerns.

The worker then filed a whistleblower complaint with OSHA, which investigated and found merit to the complaint. True North has elected to settle the matter by taking corrective action.

For more:  http://www.workerscompensation.com/compnewsnetwork/workers-comp-blogwire/17206-hotel-management-co-settles-on-worker-safety-concerns.html

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by | July 23, 2013 · 6:20 am

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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by | February 4, 2013 · 10:16 am

Hospitality Industry Business Risks: Hotel And Restaurant Companies Must Make Plans For “Natural Disasters” That Comply With Federal Employment And Safety Laws

“…Employers only have to pay em­­ployees for hours actually worked, unless they have a collective bargaining agreement or contractual arrangement that says otherwise. Normally, employees are not entitled to pay for Coastal Floodingwork that was scheduled, but did not occur because of the disaster…Floods and other natural disasters may bring allergens and pollutants to the workplace, triggering possible ADA accommodations. Employees may need time off under the FMLA…”

When Hurricane Sandy roared up the East Coast in October, it brought immense destruction to heavily populated areas. Similarly, the June 2012 derecho storm that tore through the Midwest and Mid-Atlantic produced destructive winds and at least one tornado. People in the Midwest and the South are still dealing with prolonged drought.

All brought business to at least a temporary standstill. Employers must be prepared for a variety of disaster scenarios. And while they focus on getting up and running again, they must still comply with federal em­­ploy­­ment laws.

THE LAW: The Fair Labor Standards Act (FLSA) sets strict wage-and-hour requirements for paying employees—regardless of how high the water rises. Floods and other natural disasters may bring allergens and pollutants to the workplace, triggering possible ADA accommodations. Employees may need time off under the FMLA.

Employers that must clean up their facilities may face hazards requiring worker protections under the Occupational Safety and Health Act.

WHAT’S NEW: In the wake of Hur­­ricane Sandy, the U.S. Depart­­ment of Labor has launched a disaster pre­­paredness page with guidance and contact information for both employers and employees.

Additionally, OSHA provides count­­less resources on handling flood and cleanup hazards in its Fact Sheet on Natural Disaster Recovery.

HOW TO COMPLY: Employers must deal with two very practical matters in the aftermath of a natural disaster: workplace cleanup and paying workers. Federal law affects both.

Cleaning up

A major disaster changes the workplace’s entire environment. Power may be out, gas lines may have ruptured, overhead electrical wires may be dangling. All can be deadly.

Cleanup is hard work. OSHA ad­­vises cleanup crews to use good lifting techniques and take frequent breaks. When lifting heavy objects, employees should work in teams so no one has to lift more than 50 pounds alone.

Make first aid kits readily available. Provide training so employees know how to prevent infection by cleaning and protecting cuts and abrasions. Pro­­tective clothing should include watertight boots with steel toes and insoles, long pants, safety glasses and a hard hat if there’s a danger of falling debris.

If cleanup crews encounter mold, they should wear respirators approved by the National Institute for Occupational Safety and Health.

When handling hazardous chemicals, employees must follow specific instructions for protective clothing.

When moving ladders or scaffolds, make sure employees know to watch for low-hanging power lines. When connecting generators to active power systems, instruct them to shut down and lock main breakers to prevent energizing outside power lines on which utility workers may be working. Have expert electricians inspect lines that are damaged or submerged.

Similarly, if anyone detects a gas leak, ensure they know to evacuate the building and notify utility crews.

FLSA issues

Natural disasters can wreak havoc on payroll operations. Maintain redundant systems to avoid losing payroll records and preserve the ability to issue paychecks. Many payroll companies offer cloud or offsite storage of wage-and-hour data so even if your facility is damaged or destroyed, existing payroll information is preserved.

Generally, employers must meet regularly scheduled paydays, but disasters have a way of upsetting normal routines. Employers that anticipate having difficulty meeting payroll should contact the DOL’s Wage and Hour Divi­­sion at (866) 4USWAGE (487-9243) for guidance.

For more:  http://www.businessmanagementdaily.com/34280/disaster-averted-make-emergency-preparedness-part-of-your-job

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by | October 31, 2012 · 6:07 am

Hospitality Industry Safety Risks: Hotel Fined $70,000 After Employee Loses Fingers During "Routine Test Of Emergency Generator Equipment"

“…a Toronto Hilton employee saw a leak during a routine test on the hotel’s emergency generator equipment. As he leaned in to get a better look, his hand slipped into a fan. The fan’s blades cut off his fingers…”

A hotel company has been fined $70,000 after one of its workers lost some of his fingers on the job.

Justice of the Peace Kevin Madigan fined Northstar Hospitality GP Inc., which owns the Hilton hotel, for violating the Occupational Health and Safety Act. Northstar Hospitality pleaded guilty for failing to ensure the generator’s parts were guarded.

The court added a 25 per cent surcharge to the fine, which goes toward a provincial government fund for victims of crimes.

For more:  http://www.thestar.com/news/gta/article/1279358–hotel-owner-fined-70-000-after-worker-loses-fingers

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by | October 24, 2011 · 5:31 am

Hospitality Industry Safety Risks: OSHA Renews "Local Emphasis Enforcement Program" Targeting Hotel Operators; Electrical Safety Standards Are Cited Most Often

OSHA recently renewed a Local Emphasis Enforcement Program (“LEP”) that targets hotel operators in OSHA’s Region 2, which includes New York, New Jersey, Puerto Rico, and the Virgin Islands. The directive outlining OSHA’s Hotel LEP is available on OSHA’s website. 

The Hotel LEP was launched in October 2010, and during the first year of the initiative, OSHA limited enforcement inspections to hotels in the Virgin Islands. According to an OSHA Region 2 official, the agency started in the Virgin Islands because of a high number of reports of workplace injuries at hotels in that area. Since the start of the LEP, OSHA has essentially inspected a different hotel property each month to month and a half. The hotel properties subject to LEP inspections have ranged from locally-owned motels to multinational hotel chains.

Most Frequently Cited Standards in the Hotel Industry in 2010

 

CITED STANDARDS

# OF CITATIONS

Electrical Safety

67

Hazard Communication

37

Personal Protective Equipment

30

Bloodborne Pathogens

25

Respiratory Protection

21

Asbestos

18

Lockout/Tagout

14

Recordkeeping – Annual Summary

13

For more:  http://www.hospitalitylaboremploymentlawblog.com/2011/10/articles/osha-renews-enforcement-program-targeting-hotels/

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by | September 2, 2011 · 5:42 am

Hospitality Industry Property Risks: Washington Hotel Replaces "300 Tempered-Glass Panels" After Glass "Disintegrates" And Falls 11 Stories

“…(This was) …the third time in a year that glass has rained down from condominium balconies at the Four Seasons Hotel and Private Residences just south of Pike Place Market…”

The balconies, all on the condo levels between the 11th and 21st floors, will be closed until new panels or a new railing system are installed.

 

Now the owners are taking out all 300 tempered-glass panels in the building, panels similar to those that fractured and fell this summer at high-rise condos in Austin and Toronto.

“Our only priority here is the safety of everybody involved, either residents or people passing by,” said the hotel’s general manager, Ben Trodd. “We’ve taken a very proactive step now. The general contractor is now removing all of the remaining panels that are on the building.”

No one was injured in the three incidents. Falling pieces of glass cracked, but didn’t break, five large sections of the glass awning that covers the sidewalk outside the hotel entrance. A car was slightly damaged in the July incident, Trodd said.

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by | November 25, 2010 · 7:45 am

Hotel Industry Employee Issues: Unions Unite To Highlight “Housekeeper Workloads” And Workplace Injuries (Video)

[youtube=http://www.youtube.com/watch?v=nfqf5KoVXRg]

Hyatt housekeepers have been given excessive work loads in cleaning extra rooms to the extent that they are experiencing numerous work injuries. In addition, their exhaustion at the end of the work day is seriously eroding their family lives.

On Nov. 18, 2010 a protest was held at the Hyatt Regency Chicago to draw attention to this. Supporting the housekeepers (members of UNITE HERE Local 1) were some 50 labor and community activists, including CACOSH (Chicago Area Committee on Occupational Safety and Health) Director Emanuel Blackwell who declared “work should not hurt.”

To dramatize the excessive work load of the housekeepers, the protesters marched with mops and buckets up to the entrance of the Hyatt to explain that they were there to help the housekeepers do their work. They were not allowed in. One housekeeper brought some fitted bed sheets as examples for the management to consider instead of the non-fitted sheets the workers are forced to use, causing extra backbreaking work when making beds. When she left the sample sheets at the hotel, management had the police write her a ticket for littering. Length – 7:28. Produced by Labor Beat. Labor Beat is a CAN TV Community Partner. Labor Beat is a non-profit 501(c)(3) member of IBEW 1220.

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by | September 7, 2010 · 10:57 am

Hospitality Industry Employment Risks: Hotel Management Must Take Steps To Mitigate “Workplace Violence” By Having Relevant Policies In Place

Threats derive from a complex number of sources that may trigger violence. These may include policies that some employees find objectionable, such as a bad performance review or constructively intended criticism; rivalry or disagreement between employees; failed or drama-filled romance with a co-worker; and stressful or discourteous interactions with customers (who may themselves be sources of violence).

“…employees have benefited from stress-reduction classes or lessons in tactics to diplomatically handle difficult people…”

Most commonly, the violent act is undertaken by a terminated employee who becomes disgruntled and feels there is nothing to lose.

    Prior to making any new hires, an employer would be wise to assess the risks and set up relevant policies that at least address the most common threats. This evaluation might begin with an assessment of the premises. Sometimes the most serious threat is external. Depending on the type of business they conduct, employees may routinely expect to handle contentious or emotionally distraught customers. Other workers, perhaps those who handle large cash transactions or valuable merchandise, may be targets of robbery.

    Short of creating a high-security compound, employers can take some precautionary measures in these cases. Mitigating features can include alarm systems, security cameras or guards, an employee-controlled buzzer on the entrance door and even bulletproof glass.

    Another approach that may be less obvious, yet is effective, is for employers to train employees on how to avert bad situations. For instance, employees have benefited from stress-reduction classes or lessons in tactics to diplomatically handle difficult people.

For more:   http://www.workforce.com/section/legal/feature/employers-prevention-workplace-violence/index.html

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by | August 11, 2010 · 7:24 pm

Hospitality Industry Safety Risks: OSHA Inspectors Can Cite “Willful Violations” If Management Ignores Employee Complaints

A “willful” violation can occur if the employer knew that he was violating a standard or if he was reckless. A good way to convince an OSHA inspector of recklessness (and thus willfulness) is to ignore employee complaints of danger, or worse, accident reports.

A lawyer knowledgeable on OSHA issues will serve as a buffer between the agency and the company’s management. He can make sure that responses to document requests are neither too broad nor too narrow.

A careful employer will review employee complaints, accident reports and minutes of safety meetings, and make sure that every item properly is evaluated and if found to be a problem, either fixed or scheduled for fixing with alternative protective measures implemented in the interim. Employers should not allow unaddressed items in such documents to smolder in their files, ready to be fanned into willfulness by an OSHA inspector.

For more:   http://ehstoday.com/standards/target-new-osha-sheriff-1339/index1.html

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