Tag Archives: Health Codes

Hospitality Industry Health Hazards: Meth Labs Discovered At Hotels And Motels Force "Temporary Closure" As Tests And Contamination Cleanup Required; Process Can Take Weeks Or Even Months To Complete

Once a lab is discovered at a hotel or motel, owners must temporarily close their establishments while a contractor is called to test and cleanup the contamination. This process can take weeks and even months…If undetected, the poisonous chemicals in meth can circulate throughout a hotel and can lead to respiratory problems, skin and eye irritation, headaches nausea and dizziness. Short-term exposure to highly concentrated meth can cause severe lung damage and burns to various parts of the body.

Authorities say methamphetamine creation inside hotel rooms is increasing as crews work to test and clean the latest contamination closure in Kanawha County. Police and health officials have responded to at least 10 meth lab calls in hotels or motels in West Virginia since January, said Brandon Lewis, state program coordinator for the Clandestine Drug Laboratory Rehabilitation Program. In all of 2011, he said, only two or three labs were found at hotels.

Lewis said meth cooking inside these rooms is troublesome to owners and health officials alike — and it’s a problem that is not going away anytime soon.

On May 18, Kanawha County sheriff’s deputies discovered the most recent case at the Comfort Inn in Cross Lanes. Deputies arrested two suspects and charged them with attempting to operate a clandestine drug lab upon finding a Coleman fuel can and a bottle of nail polish remover, common substances used to make meth, inside their room.

The hotel remains closed until a hazardous-cleanup company can decontaminate the rooms to safe meth exposure levels, about 0.1 microgram of residue per 100 square centimeters.

For more:  http://sundaygazettemail.com/News/201205270138

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Filed under Crime, Guest Issues, Health, Insurance, Labor Issues, Maintenance, Management And Ownership

Hospitality Industry Pool Health And Safety: Illinois Hotel Pool Shut Down By Health Officials For "Numerous Ongoing Violations"

The order is against ABVI Management, Inc., owner of America’s Best Value Inn, 140 Venita Dr., in O’Fallon. According to Madigan’s statement, the order came after the Illinois Department of Public Health and St. Clair County public health officials found…

“numerous, ongoing violations of state law that protects public health and safety and attempts to prevent the spread of infection.”

“One of the more glaring violations alleges an inspector with the St. Clair County Health Department observed on Feb. 11 that hotel management had reopened the swimming pool and had removed the IDPH closure order notice after the agency inspected the pool and shut it down Jan. 19 for failing to address violations found in earlier inspections.”

Illinois Attorney General Lisa Madigan has obtained a temporary restraining order against an O’Fallon hotel, ordering it to keep its swimming pool closed until health officials get to the bottom of “numerous, ongoing violations” involving health and sanitation violations.

From the statement: A hearing on the injunction will be held April 6. “If you travel with children as I do, where’s the first place they beg to go after check-in ─ the pool, of course,” Madigan said in the statement. “Travelers and parents shouldn’t have to worry about hotel management not doing its job to keep pools safe, clean and free of hazards.”

An employee of the hotel contacted this evening said the pool is closed. A spokesman for management of the hotel wasn’t immediately available.

For more:  http://www.stltoday.com/news/local/govt-and-politics/political-fix/article_cff335ea-5b2f-11e0-a0dd-00127992bc8b.html

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

Hotel Pool And Spa Health And Safety: Pool Inspection Data Reveal That Failure To Maintain Disinfectant And pH Levels Are Serious Code Violations And Put Guest Health At Risk

“…hotel/motel pool inspections had the highest percentage of disinfectant level violations (….12.8%)..”

“…The most frequently reported type of recreational water illness (RWI) outbreak is gastroenteritis, the incidence of which is increasing…”

“…Of 111,487 inspections, 13,532 (12.1%) resulted in immediate closure because of serious violations (e.g., lack of disinfectant in the water)…”

Prevention of RWIs at treated venues requires pool operators to 1) maintain appropriate disinfectant and pH levels to maximize disinfectant effectiveness and 2) ensure optimal water circulation and filtration. Pool codes, promulgated by individual state or local public health agencies, govern pool operation.

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Filed under Health, Injuries, Liability

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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Filed under Health, Liability, Training

Hospitality Industry Health Hazards: Hotels Must Maintain Health And Safety Plans To Protect Against Bed Bug Infestation, Mold, And Other Health Hazards

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."

Becky Andrews checked into the Super 8 hotel in Bonner Springs last fall as she prepared to watch her son act in a play at the University of Missouri-Kansas City.

For Andrews, a retired high school chemistry teacher from Colorado, the night turned into an ordeal.

“I had this sensation of things crawling on me, but I never saw anything,” she said. “It took a long time for me to realize what was going on.”

After several “itchy-twitchy” hours, she said, she captured a live bug in a plastic cup and took it to the front desk the next morning to complain.

She said that when the hotel didn’t appear to take her seriously, she filed a complaint with the state.

A Kansas Department of Agriculture inspector visited the hotel on Nov. 3 and confirmed that Room 406 was infested with bed bugs.

The hotel was ordered to fix the problem, and a follow-up inspection was scheduled for Dec. 3. But the follow-up never occurred.

The state announced that day it was suspending its lodging inspection program because of budget cuts.

Hotel law

In Kansas, hotels, motels and bed-and-breakfasts are governed by the Lodging Establishment Regulations, a 54-page document that regulates the water temperature in hot tubs, the liners used in ice buckets, and the markings that delineate the deep and shallow ends of hotel swimming pools, among other things.

The Kansas Department of Agriculture licenses more than 800 lodging facilities, and until last year each of those was required to submit to an annual inspection focusing on safety and sanitation issues.

Under the system, each violation was noted in an inspection report, and follow-up inspections were scheduled when problems couldn’t be corrected immediately. About 11 percent of last year’s inspections required follow-up visits.

In addition to the routine inspections, the Department of Agriculture last year investigated 132 lodging complaints, 35 of which involved bed bugs. Inspectors said 11 of the bed bug complaints — including the one submitted by Andrews — were valid.

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.”

Last year, imminent health hazard violations were issued 24 times. Six of the violations involved bed bugs.

Constantine Cotsoradis, deputy agriculture secretary, said that discontinue-operations orders, particularly in bed bug cases, usually apply only to areas of a hotel affected by the problem.

“We want to protect the public but do as little economic harm as possible to the business,” he said.

State law gives regulators the authority to impose civil penalties on establishments that experience repeated violations. Last year such a penalty was imposed only once — a $1,350 penalty assessed to the Knights Inn and Suites in Leavenworth.

During its final 12 months of operation — December 2008 through November 2009 — the state’s lodging inspection program sent inspectors to nearly 800 businesses, and most inspections uncovered at least some violations.

The businesses collectively were cited for 3,251 violations including soiled linens, moldy showers, and unsafe levels of chlorine in swimming pools.

The most common violations — those dealing with smoke detectors, carbon monoxide detectors and fire extinguishers — accounted for nearly 20 percent of the total.

http://www.kansas.com/2010/02/21/1191720/no-state-money-for-hotel-inspections.html

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Filed under Health, Liability, Training

Avoiding Liability Exposure By Complying With The More Comprehensive “Swimming Pool Industry Standards”

"...compliance with such statutory requirements alone may not be sufficient to ward off a lawsuit in the event of a swimming pool-related injury because the Swimming Pool Industry Standards recommend safety precautions that go above and beyond the statutory requirements of the building and/or health codes..."

(From a HotelWorldNetwork.com article) A Compliance with the applicable building and health codes will make sure that you are not exposed to liability on a Negligence Per Se claim in the event that someone is injured while using one of your pools. However, it is also advisable to make sure your property is in compliance with swimming pool industry standards because the industry standards often go beyond the statutory requirements of the building and health codes. 

A Negligence Per Se claim is one where an injured party will contend that a defendant has liability exposure because of a failure to comply with applicable statutes, such as building and health codes. In the typical personal injury lawsuit, the plaintiff has the burden of proof in terms of demonstrating the defendant had a duty, that the defendant breached that duty and that the breach was a causal factor in the plaintiff’s injury. In a Negligence Per Se case, once the plaintiff demonstrates the defendant failed to comply with an applicable statute, it creates a presumption that the duty was breached. For example, depending on the size and configuration of the pool(s), the building and/or health codes of most jurisdictions typically require that, at a minimum, the water depth be indicated by signs that are mounted in the pool deck at specified intervals and on the vertical wall in the tile line. Additionally, if there is no lifeguard on duty, then most jurisdictions require a sign advising swimmers of that fact. 

However, compliance with such statutory requirements alone may not be sufficient to ward off a lawsuit in the event of a swimming pool-related injury because the Swimming Pool Industry Standards recommend safety precautions that go above and beyond the statutory requirements of the building and/or health codes. For example, the Swimming Pool Industry Standards recommend that pools also have the universal no diving symbol placed in areas where the pool is four feet deep or less and recommend that the depth marking be in metric measurements as well as traditional measurements. 

In the event of a serious injury, an experienced plaintiff’s attorney will argue that the property had an obligation to meet industry standards as well as the statutory requirements.

http://www.hotelworldnetwork.com/injuries/law-qa-go-beyond-pool-safety-requirements-avoid-lawsuits

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Filed under Insurance