Tag Archives: Insurance

Eight Places to Clean to Avoid Norovirus Outbreak

norovirus

Most prevalent in the winter months, norovirus is the most common cause of acute gastroenteritis outbreaks in the United States resulting in as many as 21 million cases each year and 1.9 million hospital visits. To help reduce the spread of flu within businesses this season, Cintas Corporation offers a checklist of commonly overlooked “hot spots” to help facility managers maintain a clean environment for employees and guests.

 

“A norovirus outbreak can wreak havoc on a business’s productivity,” said John Engel, senior marketing manager, Cintas. “Whether you work in a school, medical building, hotel, restaurant, or even a cruise ship, an aggressive cleaning regimen with effective cleaning, sanitization and disinfection can help reduce the impact or threat of an outbreak.”

The Centers for Disease Control and Prevention (CDC) identifies three primary modes of transmission for norovirus: Eating or drinking contaminated foods or liquids, touching surfaces or objects contaminated with norovirus then putting your fingers in your mouth, or having direct contact with an infected person.

To help minimize the spread of norovirus, facility managers should pay close attention to the following items within a building:

Door handles. Because they are one of the most touched surfaces in a facility, it’s important to regularly wipe down and disinfect all door handles within a building. This includes doors to offices, restrooms, storage areas, refrigerators, as well as the front and back entrances that are often used by employees.

Community tables. Whether it is in a conference room, waiting area or in an employee cafeteria, table surfaces are touched often and should be regularly cleaned and disinfected.

Elevators. Touched daily by employees or guests, elevator buttons can be a likely source for virus transmission. Wipe down elevator buttons on a daily basis and sanitize them at least once a week.

Community benches and chairs. Because they are designated for sitting, seats might be an overlooked part of the cleaning and disinfecting process. To prevent the spread of bacteria and norovirus infection, clean all parts of the seat, including the bottom and arm rests.

Light switches. Although light switches in primary areas of a facility, such as the lobby, might be touched only once a day, light switches in other areas like meeting rooms, offices or the restroom are used more frequently and require additional cleaning.

Employee kitchen equipment. Clean and wipe down the surfaces of all kitchen and break room equipment, including large items such as dishwashers and microwaves and smaller equipment such as coffee makers and toasters.

Drinking fountains. Drinking fountains can become contaminated by a variety of germs from the user’s mouth and hands, which is why it’s important to disinfect their surfaces – particularly their spouts and handles daily.

Railings. Located alongside stairs or at the top of an atrium or overlook, railings and handrails should be cleaned and disinfected daily.

For more: http://bit.ly/1L3n4mM

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Filed under Food Illnesses, Guest Issues, Health, Hotel Industry, Management And Ownership, Risk Management

5 Questions, Answers About ADA Compliance

ADA

Hotel News Now has run numerous stories about compliance with the Americans with Disabilities Act(ADA), with topics ranging from how to handle service animals to providing equal access to guests.

 

However, sometimes those articles inspired more questions from you. We asked two legal sources to provide some insights on your questions.

1. If someone comes in and asks me for a handicap room, can I ask them for proof they are disabled or handicapped at that point (such as a handicap sticker)?

Minh N. Vu of Seyfarth Shaw: “No. A hotel should not inquire about or require proof of disability when a person requests an accessible room. However, it would be appropriate to say something like: ‘The room you are requesting has features for guests with mobility and/or hearing disabilities. Would you like to continue booking this room?’ This clarification point is helpful to ensure that the person booking the room knows what type of room he or she is booking.”

2. If a hotel does charge more for an ADA room, what recourse is there? 

Minh N. Vu of Seyfarth Shaw: “Hotels cannot charge more for a room just because it is accessible. The rates for comparable accessible and non-accessible rooms must be the same. A person who has been charged more for an accessible room can claim an ADA Title III violation and bring a private lawsuit. He or she can also file a complaint with the Department of Justice.”

3. If a hotel must provide equal access to everyone and not charge an additional amount for service animals, then logic would follow that they cannot charge extra for a refrigerator to keep medication refrigerated. Can you comment on the legalities of this? 

Taylor Burras of Michelman & Robinson: “Hoteliers must make ‘reasonable modifications’ to their standard policies when accommodating a person with a disability. Section 36.301(c) of the Americans with Disabilities Act states: ‘A public accommodation may not impose a surcharge on a particular individual with a disability or any group of individuals with disabilities to cover the costs of measures, such as the provision of auxiliary aids, barrier removal, alternatives to barrier removal, and reasonable modifications in policies, practices, or procedures, that are required to provide that individual or group with the nondiscriminatory treatment required by the Act.’ Thus, it would stand to reason that a hotel cannot charge extra for a refrigerator to keep medication refrigerated.”

4. Are therapy dogs classified as a “Service Dog”? We have seen a recent influx of travelers and they carry a tag that said “Certified Therapy Dog.”

Taylor Burras of Michelman & Robinson: “The ADA defines a ‘service animal’ as ‘any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual or other mental disability.’ However, dogs with the sole function of providing comfort or emotional support do not qualify as service animals under the ADA definition. Since they have not been trained to perform a specific job or task, such therapy dogs do not qualify as service animals under the ADA.

“It’s important to note that the ADA makes a distinction between psychiatric service animals and emotional support animals. If the dog has been trained to sense that a neurological event or episode is about to happen and take a specific action that will help prevent, or lessen the impact, that dog would qualify as a service animal. However, if the dog’s mere presence provides comfort or emotional support, that would not be considered a service animal under the ADA.

“Notably, however, some state or local governments have laws that allow people to take emotional support animals into public places, so hotels should check with their state or local government agencies to find out if they may be subject to such a regulation.”

5. Is there an appropriate way to handle a situation where the dog is a service dog but not apparently working? (For example, there was a guest who had to carry the dog who was on chemotherapy and had arthritis in its back legs. He was trained, but it seemed he was retired and it was seemingly more of a rescue situation for a dog that had been in service.)

Minh N. Vu of Seyfarth Shaw: “When a hotel has reason to believe that a dog may not be a service dog, it can ask two questions: ‘Do you need this dog because of a disability?’ If the answer is yes, then the second question that can be asked is: ‘What work or tasks has this animal been trained to perform?’ If the owner cannot identify the work or tasks that the dog has been trained to perform for the person with a disability, the dog is not a service animal.”

For more: http://bit.ly/1ParGsU

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Filed under Guest Issues, Hotel Industry, Management And Ownership, Risk Management, Training

The 2016 Hospitality Law Conference

hospitality

Intensive Hospitality Education. Exceptional Networking. It’s Not Just for Lawyers.

From development deals to management agreements, from food and beverage liability to labor and employment, and from claims management to anti-trust issues, the latest cases, trends and challenges in compliance, finance, law, risk, safety, and security are up for exploration at the 14th Annual Hospitality Law Conference, February 22-24, 2016.

The Owner Management Summit, co-located with The Hospitality Law Conference – 2016, intersects legal, finance and technology and includes sessions on: who owns the data, who is responsible for the data, development and unwinding management contracts.

The Hospitality Insurance and Loss Prevention Summit, co-located with the Hospitality Law Conference, includes sessions on risk management, the top claims in 2015, and coverages for cyber & data breaches.

Hotel and Restaurant Corporate Counsel have several opportunities to meet with their peers in facilitated conversations to explore common challenges, solutions and law department management.

Also featured during The Hospitality Law Conference – 2016, are break-out sessions and roundtables in Food & Beverage, Lodging, and Human Resources & Labor Relations.

Join Petra Risk Solutions’ very own Todd Seiders for, “Discussion of Most Frequent Claims and How to Prevent Them”

 

Todd Seiders - Petra Risk SolutionsSlips, falls, breaks, disruptions.  If you are involved in the hospitality industry, you face very real threats to your financial well-being and your reputation.  A security breach at your property, a slip by a patron, a defect in construction, or a natural disaster are examples of problems that could and should be addressed by your risk management program and your insurance.  In this session, Todd Seiders, Director of Loss Control at Petra Risk Solutions, and Allen Wolff, Insurance Recovery Attorney with Anderson Kill, will identify and analyze some of the most frequent claims that arise in hospitality industry and will offer analysis and insight for managing the risk of such claims, mitigating the losses caused by them, and obtaining insurance coverage for them.

Click here for more infomation on: TODD SEIDERS
And for more info on the conference: http://bit.ly/1KfrDiI

 

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Filed under Conferences, Hotel Restaurant, Management And Ownership, Risk Management

Embassy Suites Let Attacker Into Woman’s Room

Embassy

A New Jersey woman who was sexually assaulted while staying at the Embassy Suites in downtown Des Moines has filed a lawsuit claiming staff members unwittingly let her attacker into her seventh-floor room.

Cheri Marchionda is suing both Embassy Suites and Hilton Worldwide, as well as Atrium Finance III, the company that owns the Des Moines hotel.

She was staying at the East Village hotel during a business trip when she awoke sometime after midnight on April 11, 2014, to find Christopher Edward LaPointe standing at the foot of her bed and touching her leg.

LaPointe, 31, a New York resident also staying at the hotel, is now serving a 20-year prison sentence at the Iowa Medical and Classification Center after pleading guilty to burglary and sexual abuse charges in December 2014.

In a federal lawsuit on track to go to trial in Des Moines, lawyers from a Pennsylvania firm representing Marchionda wrote that a manager, a desk clerk and a maintenance man all helped LaPointe get into the woman’s room without asking Marchionda whether he had permission to be there.

Though the Des Moines Register does not typically identify sexual assault victims in criminal cases, it does publish plaintiffs’ names in reporting on civil lawsuits. Reached by phone Wednesday, Marchionda’s lawyers said she did not currently want to speak publicly about the case.

“Each defendant owed a special duty of care to her, including a duty to provide for and assure her safety and security while at the hotel,” attorneys Paul Brandes and Michael Hanamirian wrote in the lawsuit. “To not expose her to burglary, assaults or attacks by others … and to not assist others in burglarizing, assaulting or attacking her.”

The negligence lawsuit was filed in a New Jersey federal court district in June, but was moved Tuesday to Iowa after lawyers couldn’t agree on a settlement during nonbinding mediation earlier in December. None of the defendants have filed an answer in court to the lawsuit, though a motion to dismiss over jurisdictional issues was denied by a judge.

The general manager at the Des Moines hotel did not immediately return a reporter’s phone call this week. Maggie Giddens, a public relations director for the hotel chain, said the company could not publicly comment because of the ongoing litigation.

The claims in Marchionda’s lawsuit are similar to those from another that Los Angeles attorney Gloria Allred filed against Embassy Suites and its parent company, Hilton Worldwide, on behalf of a woman who was sexually assaulted while staying at one of their hotels in North Charleston, S.C.

For more: http://dmreg.co/1njFwCb

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Filed under Crime, Guest Issues, Hotel Industry, Liability, Management And Ownership

Workers Compensation Best Practices: What You Should Be Doing

Workers Compensation

Effective cost management of workers compensation claims starts at the time of the injury. Otherwise, studies confirm that the longer it takes to report a claim, the higher the cost.

 

“What happens in the first 24 hours post-injury is critical,” said Michael Bell, executive vice president for U.S. business development with Gallagher Bassett. Industry experts agree that successful management of these expenses must be comprehensive from start to finish, from the time of the injury through recovery and eventual return to work.

Bell estimates that 30% of all injured workers require medical guidance instead of medical care. This means that 30% can be resolved with self-treatment and that a claim doesn’t have to be filed. It eliminates a costly visit to the emergency room, where expenses can quickly climb to $1,000 or more.

The top priority — helping the employee recover and return to work — is best addressed by prompt treatment and proper guidance to direct the patient to the right source of care. For example, if someone is suffering from complex pain issues, a general practitioner may not be the best option for a claim that is not going to end with a simple outcome.

An injury is frequently a new experience for many employees who are looking for guidance. Where that guidance comes from, whether on the employer’s side or the claims handling side, makes a difference. A recommended best practice, Bell said, is a nurse triage process. Nurses will record initial interviews at the site of the accident, a critical time when facts can be clarified and confirmed. A worker will be much more honest in sharing information with a nurse than with a claims professional. A triage nurse also determines whether treatment is even necessary and then guides the patient to the appropriate medical provider.

For more: http://bit.ly/1mQNvXM

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Filed under Hotel Employees, Hotel Industry, Insurance, Management And Ownership, Workers' Compensation

Three Tips for Hazard Communication Compliance

GHS

GHS compliance is something every member of your staff should be up to date on. Does your hotel staff know how to properly handle the hazardous chemicals they are exposed to every day?

Earlier this year, a hotel in Rochester, N.Y., faced this question when a dangerous vapor cloud formed after hotel staff mixed chlorine with other “ordinary” household cleaning chemicals. Luckily no one was seriously injured, but the entire hotel was evacuated and six employees were taken to a local hospital after falling ill.

Incidents like this serve as a reminder that even common chemicals used in relatively small quantities can pose serious hazards to staff if proper training and guidelines are not followed. Since 1994, hotels have been required to comply with the Occupational Safety and Health Administration’s (OSHA) Hazard Communication Standard (HazCom), which applies to the handling and storage of hazardous chemicals. OSHA mandates under HazCom that all hotel employees be trained on the safe use, storage, and handling of these materials.

In 2012, OSHA modified the HazCom Standard to align with the Globally Harmonized System of Classification and Labeling of Chemicals (GHS), a model system developed by the United Nations. The adoption of GHS has triggered big changes and compliance deadlines for establishments covered by HazCom. The biggest change is to chemical product safety data sheets (SDS) and labels, which have new formats that provide more specific and consistent information about any potential hazards. Under GHS, safety data sheets must follow a strictly ordered, 16-section format. Similarly, labels on shipped containers now include a standardized format with six key elements: product identifiers, signal words, pictograms, hazardous statements, precautionary statements, and supplier information.

Whether or not you’ve begun preparing for the GHS changes, here are a few tips to help get you on track for full OSHA compliance by the final June 1, 2016 deadline:

Ensure staff is comfortable with GHS.

All staff exposed to hazardous chemicals in the workplace should have been trained on the new SDS and label formats by the first GHS deadline, Dec. 1, 2013. If your staff still hasn’t been trained on GHS, and they are exposed to hazardous chemicals in the course of their work, then you may be found out of compliance and should address these requirements quickly. You should recognize this training requirement as an ongoing obligation.

For more: http://bit.ly/1UwQIGe

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Filed under Hotel Employees, Hotel Industry, Management And Ownership, Training

9 Social Media Tips For 2016

Social Media

Hotel marketers have never seen such rapid and overwhelming change like the one happening in social media. However, there are ways to approach the social media universe that will help maintain perspective in the face of all that change.

Several sources provided nine social media tips for 2016 to help marketers maintain perspective.

1. Keep up with what’s new

Social media innovations catch on with incredible speed. For instance, Periscope and Meerkat, both video streaming apps launched in 2015, are already players in travel marketing. The apps allow users to send video to friends or followers instantly.

“There are constantly new platforms emerging and it’s important to us to stay on top of it,” said Dan Moriarty, director of digital strategy and activation for Hyatt Hotels Corporation.

2. Stay up to date on existing platforms

The big guys are not resting on their laurels. For example, Moriarty said, “Twitter removing direct messaging character limitations really opens up the depth of conversation hotels can have with guests on that platform and enables better connections.

“Also, Instagram has made it easier to tag a location when a picture was taken there, and now allows users to search by location rather than just hashtag. This is huge for travel.”

“Facebook is leading the pack everywhere,” said Benji Greenberg, CEO of BCV, which manages social media for hotels. “They are introducing something new every two weeks. They recently launched Facebook Messenger for business, which is important because companies will be able to embed Messenger in their websites instead of using live chat. Now a customer can walk away from the computer without the usual live chat waiting and maintain the communication on another device.”

3. Practice targeting

All the social platforms have upped their capabilities around targeting, said Lucy Kemmitz, lead of social media for the Hilton Hotels & Resorts and Curio brands from Hilton Worldwide Holdings.

“Instagram now offers the same extensive and highly accurate targeting parameters as Facebook,” Kemmitz said, “and allows for campaigns that run on both platforms for coordinated campaigns using both platforms at a more affordable price point than previously. As evidence of the effectiveness of the targeting available on Instagram, we see click-through rates of nearly 2.5% on ads for Curio.”

Kemmitz said Twitter launched event-based targeting, which allows marketers to target people interested in area events. She said beta advertisers saw up to a 110% increase in engagement when using this type of targeting on the platform.

Jeremy Jauncey, founder of Beautiful Destinations, which advises brands on Instagram, said paid advertising on Instagram is “the most important change to the platform in its history.”

“Now not only can a hotel tell its story through imagery, targeted ad technology enables brands to drive: clicks to websites, views of videos, mobile app downloads and massive amounts of impressions,” Jauncey said. “Hotels like the Bellagio and Starwood properties such as W and Aloft have already spent money on these types of ads.

For more: http://bit.ly/1Z2BsYe

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Filed under Hotel Industry, Management And Ownership, Social Media

3 Tips Hoteliers Can Learn From Expedia

Expedia

Bigger and faster.

That’s how Expedia executives characterized the overall travel industry in 2016 from their vantage point during the company’s annual partner conference.

The company disclosed highlights from the data it collects on travel booking and activities and shared updates on its business following a year when Expedia grew larger than ever, following its acquisition of Orbitz earlier this year and announcement of intention to acquire HomeAway.

Here are three top-level tips Expedia speakers shared during the conference that can benefit hoteliers:

1. Don’t have a mobile strategy yet? Get one. 

Expedia President and CEO Dara Khosrowshahi reminded attendees how important a hotel’s mobile presence is, not only because that’s where bookings are increasingly moving, but also because guests who spend countless hours connected to their mobile devices are more likely to connect more frequently with their travel providers.

But it’s more than just having a mobile presence, he said. More important is having cross-platform compatibility.

“You have to be able to optimize across devices and build an experience across devices,” he said. “We’ve found that 48% of our customers who make a purchase on Expedia have accessed two or more different devices before that purchase.”

Cyril Ranque, Expedia’s president of lodging partner services, shared data that while mobile use is increasing among travelers searching for hotels, mobile users search fewer properties before booking than desktop users do.

“This means that the consideration set is smaller on mobile, so you need a clear, strong mobile strategy to make sure your hotel is in the consideration set of the customer,” he said.

For more: http://bit.ly/1lIGGH1

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Filed under Conferences, Employee Practices, Hotel Employees, Hotel Industry, Management And Ownership, Social Media, Technology

7 Tips to Reduce Holiday Party Liability for Employers

Holiday

With the Thanksgiving weekend behind us, attention turns to celebrating with family, friends — and coworkers at the company holiday party.

A majority of organizations are still planning to hold holiday or end-of-year parties; however, a growing number of employers are cutting back, according to a recent survey from the Society for Human Resource Management. The survey found that almost two-thirds (65%) of human resource professionals said their organizations would host a party for all employees. But 30% of respondents said that no party was planned at their organization, an increase of 13 percentage points from 2012.

How and where will those companies celebrate? A majority — 67% — of respondents said their party would be off site, and 22% said they would close early that day. More than half (59%) said alcohol would be served at the party. Of those planning to serve alcohol, 47% indicated they would regulate alcohol consumption at the event, with 71% using drink tickets or having a drinks maximum.

Employers are concerned about possible repercussions from employees drinking too much, for example:

   • Drunk driving and possible motor vehicle accidents.

   • Workers compensation for falls and other injuries.

   • Discrimination claims, including sexual harassment and religious

      discrimination.

   • Injury to third parties.

   • Premises liability.

   • Underage drinking.

In addition to employer-based liability, many organizations are concerned about their “social host” liability as well. In some states, social host liability is limited to people hosting parties at which minors are served alcohol. In other states, employers may be liable for underage drinking at work functions, and there are still other states in which the law is less clear. The safest action is to develop a policy and guidelines, with advice from your legal counsel and input from the human resources department, then distribute that policy to all employees.

For more: http://bit.ly/1ODgF55

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Filed under Hotel Employees, Hotel Industry, Insurance, Liability, Management And Ownership, Risk Management

California Businesses 40% More Likely to be Sued by Employees

California

It’s time for California insurance agents to revisit their commercial clients’ liability portfolio.

According to a report released this week from Hiscox, businesses in the Golden State are 40% more likely than their peers to be sued by an employee. In fact, just four states – New Mexico, Nevada, Alabama and Washington, DC – outstrip California when it comes to employee lawsuits.

The reasons why are complicated, but report authors suggest that state laws going beyond federal guidelines are the most likely cause of discrepancies in the rate of employee lawsuits between states. When it comes to California, that means strict regulation around anti-discrimination and fair employment practices that subject businesses to higher scrutiny from workers.

Discrimination, as defined by these laws, comes in many forms including age (over age 40), disability, national origin, race, color, religion, sex (including pregnancy) and genetic information (diseases or disorders in family medical history).

More clear is the effect such lawsuits have on businesses. According to Hiscox, the average legal dispute regarding an employment matter lasts 275 days and in 19% of cases, defendants are subject to a defense and settlement payment. When that happens, businesses can expect to bill their insurers an average $125,000 in claims while taking $35,000 in deductibles on themselves.

The report comes just months after a similar survey from Littler Mendelson, in which 57% of human resource and C-suit professionals said they expect workplace discrimination claims to become one of the top business risks in the next years.

The statistics are a serious argument in favor of ample employment practices liability insurance (EPLI) for California businesses. Without proper coverage, clients could end up on the hook for an extra $90,000, going by national averages. Inadequate limits could also cause a sting, though arguably less of one.

For more: http://bit.ly/1OshHAO

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Filed under Claims, Hotel Employees, Hotel Industry, Insurance, Management And Ownership, Risk Management