Category Archives: Liability

Hospitality Industry Health Risks: Hotel Managers Are Finding Innovative Ways To Detect Bedbugs Early But Eradication Is Costly

“Short of putting a bedbug-sniffing beagle at your door to check everyone before they come in, you’re going to get bedbugs,” he said. “Dealing with them is the cost of doing business these days.”

State inspectors have the authority to shut down an establishment that poses an "imminent health hazard" involving fire, flood, sewage backup, rodent infestation, bed bug infestation or "any other condition that could endanger the health and safety of guests, employees and the general public."

The costs of coping with bedbugs are significant, and they are not covered by most insurance policies because they are seen as a maintenance issue. Hiring bedbug-sniffing dogs, which is considered the most effective detection technique, costs about $250 for a 1,200-square-foot retail store and as much as $10,000 for a million-square-foot department store.

 

Eliminating infestations is also costly, ranging from $750 for a few rooms in an office building to $70,000 for a large apartment complex. And that is just for the application of the cocktail of pesticides that kills bedbugs. It costs an additional 40 percent for the gold standard regimen of placing all the contents of an office or retail space into a heat chamber — bedbugs die at 120 degrees — and then spraying pesticides in the temporarily empty rooms.

An employee first discovered a bedbug in the 137-room hotel in 2003, and Mr. Tyler has since instituted a comprehensive bedbug detection program to find the blood-sucking insects before a guest does.

  • Mr. Tyler created a position called “bedbug technician” — an employee whose sole job is to go from room to room checking for bedbugs.
  • There is also a bedbug bounty of $10 paid to any employee who finds one.
  • If a bedbug is found, the room and all adjacent rooms are taken out of service for up to five days while they are steam-cleaned and chemically treated to eliminate the bugs and their eggs.
  • The mattresses in the rooms are also discarded. The total cost for each room is $2,500, including lost bookings.

“It sounds like a lot of money, but the value of a good reputation is infinite,” Mr. Tyler said. “Your biggest fear is that someone will get bitten and post something about it on an online travel site, and that’d be a killer.”

Bedbugs used to be solely a residential problem, but they are showing up in commercial settings, and not just in places with beds like hotels, nursing homes and apartment complexes. Increasingly, pest control companies report finding bedbugs in office buildings, movie theaters, clothing stores, food plants, factories and even airplanes.

“To stay ahead of bedbugs, I recommend having the dogs come through quarterly,” said Pepe Peruyero, chief executive of J&K Canine Academy in High Springs, Fla., which trains bedbug-sniffing dogs and offers inspections for large buildings like department stores and school dormitories. However, he added, many customers cannot afford it and instead choose to rely on the vigilance of employees after an initial dog check comes up clean.

“It takes about four to seven hours per room” for the combination heat and pesticide procedure and a couple of hours on three separate occasions if using pesticides alone, said Judy Black, technical director for the Steritech Group, based in Charlotte, N.C., which provides pest control and other quality control services to commercial customers. “Getting rid of bedbugs is not quick or easy.”

For more:   http://www.nytimes.com/2010/09/08/business/08bedbug.html?partner=rss&emc=rss

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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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Hospitality Industry Health Insurance: American Health Strategy Project Aims To Lower Health Insurance Costs Through Increased Data On Employees Medical Leaves, Drug Utilization, Disability Claims And Demographics

 Until now, most employers setting up value-based insurance designs have relied primarily on medical claims data, which may or may not provide a complete picture of health risks lurking in their workforces, said Marianne Fazen, executive director of the Texas group.

In addition to medical claims data, employers participating in the American Health Strategy Project will collect data on family medical leaves, pharmaceutical and prescription drug utilization, short- and long-term disability claims, workers compensation claims, employee assistance program usage, disease management and employee demographics

The Texas Health Strategy Project is one of five initiatives announced in May by the Washington-based National Business Coalition on Health as part of the American Health Strategy Project, which intends to help employers use data from multiple sources to develop and implement value-based insurance designs. Such designs remove barriers that might prevent employees from receiving necessary health care, such as preventive screenings and maintenance medications.

While the Texas project is under way, the four other projects involving other coalitions—the Midwest Business Group on Health in Chicago, the Oregon Coalition of Health Care Purchasers in Portland, the Pittsburgh Business Group on Health and the Virginia Business Coalition on Health in Virginia Beach—are in various stages of deployment.

For more:   http://www.businessinsurance.com/article/20100905/ISSUE01/309059972

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Hospitality Industry Health Risks: National Public Radio (NPR) Airs “Conquering Your Fear Of Bedbugs” To Give Insight Into Bed Bug Histeria (Audio)

CLICK ON MICROPHONE TO HEAR NPR'S: "Conquering Your Fear Of Bedbugs"

With daily reports of bedbugs in movie theaters and clothing stores — let alone apartment buildings — bedbug hysteria seems to be reaching new heights. Psychologist Kevin Ochsner studies how people regulate emotion and shares tips for how to get your bedbug fear under control.

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Hotel Industry Liability Risks: Florida Hotel Owners Sued By Victim Of Hit-And-Run Car Accident In Parking Area During A Sponsored Golf Event

The lawsuit claims that the tournament operators and sponsor, along with the property owners and manager, had inadequate lighting in the parking area where the crash occurred, failed to follow industry standards in designing and building the parking area, failed to use proper traffic control devices, designed the parking area in a confusing fashion, and didn’t properly staff the parking area.

The attorney representing Jack Justice, one of three people run down by a sport utility vehicle in the parking lot of the ACE Group Classic golf tournament in February, has filed a lawsuit against the owners of the property where the crash occurred, the tournament operators — including the PGA Tour — as well as the owner of the SUV and his company.

The 37-page lawsuit was filed by Mark S. Weinstein on Aug. 27 in Lee County Court.

“Mr. Justice almost died,” Weinstein said. “He’s lucky to be alive.”

“His injuries were completely avoidable,” Weinstein added. “When a corporation sponsors a golf event; when a corporation runs a golf event; when a corporation is paid to plan a nationally televised golf event where the purpose is to invite the public onto your premises and in the end make money … you can’t just have a parking lot area and just say ‘Everyone park here. Good luck.’”

For more: http://www.naplesnews.com/news/2010/sep/01/victim-ace-group-golf-cart-crash-files-lawsuit-all/

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Hospitality Industry Health Risks: Hotel Owners Must Must Undertake All Eradication Efforts To Avoid “Bed Bug” Infestation As Even “False Alarms” Are Reported

These are anxious times in the hotel industry. The pests — which hide in mattresses and bite people while they sleep — are

State inspectors have the authority to shut down an establishment that poses an "imminent health hazard" involving fire, flood, sewage backup, rodent infestation, bed bug infestation or "any other condition that could endanger the health and safety of guests, employees and the general public."

constantly in the news, and no place feels safe anymore.

Hotel and inn operators are feeling particularly vulnerable. Bedbugs have a habit of hitchhiking from place to place in suitcases. And disgruntled guests have a habit of broadcasting their bad experiences. A single negative posting on the likes of tripadvisor.com making a charming inn sound like a bedbug-and-breakfast can bring an establishment to its knees.

“I think the only people who were paying attention before were those who were dealing with it personally,’’ said Jeffrey White, an entomologist with BedBug Central, an online bedbug resource and host of “BedBug Central TV,’’ a weekly webcast. “With bedbugs popping up on buses and trains and theaters — places which everybody tends to use — it’s driving the media.’’

“Everyone has a right to voice their opinion, but it’s disheartening,’’ said Paul Sacco, president and chief executive officer of the Massachusetts Lodging Association. “It’s just awful that people can make claims that it takes forever to substantiate and forever to get them off when they’re false.’’

Another scourge in the industry is The Bedbug Registry, a public database of sightings in hotels and apartments in the United States and Canada. It was started four years ago by Maciej Ceglowski, a California computer programmer seeking revenge on bedbugs after being bitten by one in a San Francisco hotel. The sightings aren’t verified and are usually submitted anonymously. There have been 51 reports of bedbugs in Massachusetts hotels, Ceglowski said.

For more:  http://www.boston.com/news/health/articles/2010/09/02/

bedbug_fears_putting_the_bite_on_hotel_industry/

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Hotel Industry Pool Safety Risks: “Balconing” Has Caused Over 30 Serious Accidents In Europe And Might Escalate At American Hotels

“…with four dead and more than 30 serious accidents in just two months, the dangerous craze of jumping from balconies into the hotel pool is getting completely out of control…”

‘Balconing’ – as it has been dubbed – is a growing problem in Spanish resorts, with the number of accidents already triple that of previous summers.

[youtube=http://www.youtube.com/watch?v=H6IOExQ12PI&feature=related]

And in the space of just 12 crazy hours, the emergency services had to rush three people to hospital after three different jumps.

Most of the victims are young Brits, although the craze is also popular with Spaniards and Germans.

Internet video site YouTube has come under fire after countless clips of people leaping from balconies were uploaded in recent months.

According to a hotel receptionist in Alcudia, Mallorca, groups of drunken youngsters return after a night out and try to keep the party going by taking part in the deadly stunt.

“This year it has become a real plague,” she said.

According to Sebastian Darder, a spokesman for the Balearic Islands’ hoteliers’ association, all reported incidents of balconing were the result of drunkenness.

For more:  http://www.theolivepress.es/2010/08/27/leap-of-madness/

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Hospitality Industry Employment Risk: Management Must Insure Compliance With H-2B Visa Program Requirements And Fair Labor Standards Act

 “…the hospitality industry is “always on the radar” for potential violations because it employs large numbers of H-2B and younger workers…”

In June and July, employment law firms began issuing legislative alerts to hospitality industry clients, warning them of plans by Wage and Hour Division officials to launch investigations of the hotel and motel industry beginning Oct. 1.

These investigations will center on compliance with H-2B visa program requirements and the Fair Labor Standards Act. The H-2B visa program allows businesses needing one-time, seasonal, peak-load, or intermittent staffing to use foreign workers as temporary labor.

Dolores Quesenberry, a spokeswoman for the N.C. Department of Labor, told Carolina Journal that she was unaware of any increased complaints, but did say the hospitality industry is “always on the radar” for potential violations because it employs large numbers of H-2B and younger workers.

Paul Stone, president of North Carolina Restaurant and Lodging Association, told CJ that the lodging and restaurant industry is North Carolina’s second largest employer, with approximately 500,000 workers, accounting for 10 percent of the state’s total workforce. Of the 1,600 hotels in North Carolina, only a few employ H-2B workers, Stone said, mostly because the program is so restrictive. Before hiring an H-2B worker, for example, an employer must certify there are no domestic applicants qualified for the position.

Stone wonders why hospitality employers are being targeted with the economy mired in recession. Wage and hour audits and similar investigations disrupt operations and increase costs, especially if an employer has to engage outside counsel or auditors, said Stone.

For more:  http://www.lincolntribune.com/modules/news/article.php?storyid=20513

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Hotel And Spa Industry Safety Risk Management: New Pool And Spa Codes To Be Released In 2012 By International Code Council (ICC) And Assoc. Of Pool And Spa Professionals (APSP)

“This new pool and spa code in particular will impact safety as soon as it is put into use because it will become part of codes that are already adopted in 50 states.”

The International Code Council (ICC) and the Association of Pool & Spa Professionals (APSP) announced that they will collaborate on a comprehensive pool and spa code for release in 2012. The new code will comprise the most-current thinking on pool and spa safety, energy efficiency and best practices. It will be the only code that addresses all types of pools, spas and hot tubs — both public and residential — as well as aquatic recreation facilities.

“The ICC develops codes that focus on keeping people safe where they live, work and play,” said Jay Peters, Code Council Plumbing, Mechanical and Fuel Gas Group (PMG) Executive Director. “This new pool and spa code in particular will impact safety as soon as it is put into use because it will become part of codes that are already adopted in 50 states.”

This landmark code will draw on APSP’s ANSI-approved American National Standards for pools, spas, hot tubs and other recreational water along with ICC’s expertise in building-safety codes, fire-prevention codes and energy-efficiency codes for residential and commercial construction. The provisions of the code will increase consistency in pool and spa construction, maintenance and operation across the country and internationally.

“Finally, builders, manufacturers and code officials will have a uniform reference wherever the ICC codes are in use,” said Carvin DiGiovanni, Senior Director of Technical and Standards for APSP. “We are looking forward to getting started on the development of what promises to be the most comprehensive pool and spa code possible.”

For more:  http://www.prweb.com/releases/APSP_ICC/safety-code/prweb4402584.htm

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Hotel Industry Liability Risks: Hotel Guests’ 4-Year Old Child Finds “Condom” In Room And Family Has Retained Attorneys To File Suit Against Hotel Owners

Jones has since filed a report with the Atlanta Police Department and the family engaged lawyers to negotiate a settlement with the hotel. If no settlement is reached, the lawyer plans to file suit.

Wyndham Hotels said it was “disturbed to learn of the allegations,” but that the hotel in question was individually owned and operated. It has been sold since the incident occurred, the hotel chain said.

A 4-year-old boy was being tested for sexually transmitted diseases after he found a used condom in an Atlanta hotel room and tried to blow it up, thinking it was a balloon, his family said.

The boy found the condom in the sheets of a bed in the hotel where his family was staying, according to his grandmother Carmen Jones.

According to the statement, she then called hotel management and asked for alcohol and mouthwash for her grandson. The hotel manager came to the room, put on latex gloves and took the condom from her, citing “company policy.”

“He had his tongue in it,” Jones said in a statement released by her lawyers. “I immediately took it out of his mouth.”

The boy sickened and developed sores on his tongue not long after, Jones said. She took him to Scottish Rite Hospital in Atlanta to have him tested for sexually transmitted diseases, including herpes and HIV, a local CBS affiliate reported.

He had “little white blisters all on the top of his mouth, on his tongue, inside the mouth, inside the lip, the bottom lip. It was all over,” Jones told the CBS affiliate.

For more:  http://www.aolnews.com/nation/article/boy-tested-for-stds-after-finding-condom-in-atlanta-hotel-room/19609907

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