Tag Archives: Liability

Hospitality Industry Workplace Injuries: Over 4% Of California State Workers’ Comp Claims Filed For Hospitality Workers With Injuries Including Skin Wounds, Strains, And Other Injuries Leading To Over $1.1 Billion In Benefit Payments

The study detailed data on more than 137,000 claims filed by restaurant workers in California for work-related injuries that occurred from January 2000 through the end of 2008. Researchers said that more than 90 percent of the claims were filed by employees in restaurants and taverns. Workers employed in facilities such as wineries, country clubs and hotels were also included in the sample.

(From a RiskandInsurance.com article)   Total medical and indemnity benefit payments on these claims amounted to just under $1.1 billion. In addition to accounting for 4.1 percent of the state’s workers’ comp benefit payments, restaurant workers filed 6.1 percent of all California job injury claims.

Leading claims. The study found that the number one injury diagnosis for restaurant workers was minor wound/injury to the skin. Researchers said these injuries represented nearly one out of three restaurant claims, but only 4.4 percent of the loss payments because workers were treated quickly and returned to work with no lost time. On the other hand, medical back problems without spinal cord involvement — typically sprains and strains — made up less than one in five restaurant claims but carried a much higher average cost and consumed almost one-third of paid losses in this sector.

Rounding out the top five injury categories were shoulder, arm, knee and lower leg sprains (10.4 percent of the claims and 8.8 percent of paid losses); other injuries, poisonings and toxic effects (8.1 percent of the claims and 9.4 percent of the payments); and ruptured tendons, tendonitis, myositis and bursitis (3.8 percent of the claims and 6 percent of the payments). Researchers found that second- or third-degree burns represented 3.6 percent of the restaurant claims. However, burn injuries accounted for only 1.4 percent of the total dollars paid on restaurant claims (about five times the proportion found for all industries).

http://www.riskandinsurance.com/story.jsp?storyId=398239449

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Spa Pool Risks: Hopsitality Owners Should Be Aware Of Microorganisms Present In Spa Pools And Take Steps To Prevent Proliferation

 The risk potential of contact with pathogens through spa pool use has been exacerbated through the promotion of the therapeutic properties of spas. Spa treatments can provide suffers of muscular skeletal disorders, such as rheumatism, relief from pain. However, this has become confused with mineral spa treatments for general ailments. Consequently, many people suffering from common illnesses, such as influenza or digestion complaints, frequent leisure spa pools hoping to gain some relief from their symptoms. Unfortunately, such practice can introduce the bacteria into the Spa system and consequently increase the risk of infection for other bathers.

(From a NalcoEurope.com posting)   Spa pools are the third most common cause of legionnaires disease and are known to harbour other bacteria that can cause serious skin complaints and even blindness.

A commercial spa pool should be considered as any bath that consists of a self-contained body of water, which is recirculated, filtered, heated, and chemically treated but is not emptied and cleaned and refilled after each bather.

Due to the high water temperatures (30-40°C), availability of nutrients and convoluted design Spa pools are particularly prone to microorganism proliferation. Furthermore, due to the high level of contact between the bather’s skin and the spa surface, biofilms quickly form and so frequent cleaning is essential.

Continuous filtration to remove contaminants and the application of a disinfectant is imperative in order to ensure safe hygienic conditions.

Spa pools should not be considered as small swimming pools. Spa pools operate with much smaller volumes of water in relation to the number of bathers that use them. In addition, water temperatures are much higher as is aerosol generation and the general risk to bathers from the number of water borne pathogens.

The following table identifies the micro flora that are of particular concern in spas:

Bacteria Illness Description Other Detail
Shigella Diarrhoea, Fever, Nausea 1-3 day incubation, 4-7 day illness,
E Coli Diarrhoea, Vomiting, Fever 3-4 day incubation, & day illness
Giardia Gastroenteritis 7-12 day incubation, 7-10 day illness,
Cryptosporidium Diarrhoea, Vomiting, Fever, Cramps 7 day incubation, 10-14 day illness,
Legionella Flu Like Pneumonia Aerosols – SPA & HVAC
Pseudomonas Aeruginosa Follicultis – Swelling of Ear Canal Transmitted on Any Wet Surface
Mycobacterium spp Broken Skin Infections Bather Shed on Wet Surfaces
Mycobacterium. Avium Respiratory Illness – Flu Hypersensitivity pneumonitis Bather Shed.
Aerosol Transmission
Staphylococcus Aureus Skin, Wound, Eye & Ear Infections. Impetigo Bather Shed.
Leptospira Interrogans Weils Disease – Haemorrhagic Jaundice
Aseptic Meningitis
10-20 day incubation, Pool Infected by Urine from Infected Humans and Animals

http://www.nalcoeurope.com/library/spa-pools-and-pathogen-risk-assessment.html

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Hospitality Industry Insurance: Directors And Officers Liability Insurance (D&O) Claims Rise Spurring Increase In Insurance Sales

“…agents report a slight uptick in D&O claims. Many believe these kinds of insurance claims will continue to increase, CAA reported…”

(From an InsuranceJournal.com article)   Austin, Texas-based Combined Agents of America LLC (CAA) members see a growing appetite among businesses and non-profits for directors and officers liability insurance (D&O), error and omissions insurance (E&O), and employment practices liability insurance (EPLI).

According to CAA, many of its 44 member agencies expect the growth to continue, and predict a rise in these kinds of claims because of the number of failing businesses in 2009 and the continuing layoffs.

“We have seen a rise in D&O and E&O. We used to quote it a lot, but not write it very often. Now, we write it most of the time when we quote it,” said CAA member Brent Borgstedte, CEO of GBS Insurance Agency of Bellaire, Texas.

CAA member Stephen Schmerbeck, president of Garrett Insurance Agency in Kerrville, Texas, said the renewal price for the professional liability products has remained stable.

Along with the increase in sales, agents report a slight uptick in D&O claims. Many believe these kinds of insurance claims will continue to increase, CAA reported.

http://www.insurancejournal.com/news/southcentral/2010/04/21/109183.htm

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Hospitality Industry Insurance: Health, Workers Comp And Liability Insurance Represent Fastest-Growing Expense For Hotel Operators

“….insurance is the fastest-growing expense for hotel operators in the country, according to an August report from PKF Hospitality Research, part of Los Angeles-based PKF Consulting…”

(From an InsuranceNewsNet.org article)   Though workers’ compensation insurance rates in California have fallen in the past year and a half, healthcare premiums continue to climb, the future of the Terrorism Risk Insurance Act is in question and property insurance is almost sure to increase after this year’s unprecedented hurricane season.

Last week, the California Medical Association released a report alleging workers’ comp insurers are interfering with and denying treatment to injured workers.

The group, which represents about 90,000 California doctors, suggested its members might have to cut back or discontinue treating injured workers because of reimbursement issues, raising the specter of a renewed battle over workers’ compensation.

http://www.insurancenewsnet.org/html/HealthInsurance/2010/0409/Property–Health-Insurance-Top-Hotel-Chain-Worries.html

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Hotel Safety Issues: Carbon Monoxide Poisoning That Killed Hotel Guest In 2008 Caused By Blocked Basement Exhaust Vent During Remodeling

The lawsuit, filed in July 2008 in Philadelphia, alleged that a plastic canopy was placed over a basement exhaust vent and trapped the carbon monoxide emitted from hot water heaters. The poisonous air was pulled into the rooms by air handling units. In addition to Philip Prechtel’s death, several people, including Katherine Prechtel, were hospitalized.

(From a MCall.com article)   The family of a South Carolina man who died after inhaling carbon monoxide at an Upper Macungie Township hotel in January 2008 has settled a federal lawsuit against the hotel and several contractors.

Philip D. Prechtel, 63, died after a makeshift canopy placed on the side of the Best Western Allentown Inn & Suites during a remodeling project captured carbon monoxide gas that was drawn into several rooms, including the one Prechtel slept in with his wife, Katherine.

The terms of the settlement, reached last week, were not disclosed, according to court documents.

On behalf of the Prechtels, attorney James Huber of Allentown was seeking at least $350,000 for the loss of Philip Prechtel’s household services, Social Security benefits and health insurance. Huber was also seeking damages for the physical and emotional pain and loss suffered by Katherine Prechtel.

http://www.mcall.com/news/local/all-a5_5settle.7218447mar26,0,5677482.story

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Hospitality Industry Workplace Safety: Assistant Secretary Of Labor Stresses Need To Increase OSHA Penalties Against Employers Who Do Not Comply With OSHA Standards

Dr. David Michaels, Assistant Secretary of Labor for the Occupational Safety and Health Administration, who emphasized that current OSHA penalties must be increased in order to motivate employers to increase their compliance with the OSHA standards. Michaels stated that environmental laws currently carry much heavier penalties than penalties under the OSH Act, especially where loss of human life is involved.

(From and Hr.cch.com article)    The Workforce Protections Subcommittee of the House Education and Labor Committee held a hearing Tuesday on the “Protecting America’s Workers Act (PAWA) (H.R. 2067).” The bill, introduced by Rep. Lynn Woolsey (D-CA), chair of the subcommittee, addresses three major weaknesses in the Occupational Safety and Health (OSH) Act:

  • It would expand OSHA coverage to more than 8.5 million state and local public employees who currently have limited or no protection from safety and health hazards at work.
  • It also would amend OSHA’s whistleblower provisions to expedite the process because the current delays in decision-making deprives workers of due process.
  • Finally, the bill would update civil and criminal penalties.

http://hr.cch.com/news/safety/032410a.asp

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Sexual Harassment In The Hospitality Industry: Restaurant Operators Should Have Backgrounds Checked Closely To Prevent Harassment Of Gays

The hospitality industry is calling for people who operate restaurants to be subjected to more stringent vetting following the case of a restaurateur fined for sexually harassing a gay worker.

(From a TVNZ.co.nz article)   Hospitality workers made up 10% of workplace sexual harassment complaints to the Human Rights Commission in the last two years and in the latest incident the Employment Relations Authority found an Auckland restaurateur guilty of sexually harassing an employee.

Graeme George Edwards has been fined $15,000 in damages and lost pay after harassing, then sacking, a gay employee at his Mexican restaurant.

Hospitality insiders say it’s just the tip of the iceberg and the behaviour is widespread.http://tvnz.co.nz/national-news/harassment-rife-in-hospitality-sector-3423490

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Hotel Industry Safety And Surveillance: New Technology From 3VR Security Increases Safety For Hotel Guests

“The system will also allow us to do things we never thought about.” Just some of the uses that are being tested at Hilton Americas-Houston include counting arriving vehicles to determine peak times for staffing and monitoring any vehicle accidents in the garage area to provide guests with needed information for their insurance purposes. Ltd.

(From SecurityInfoWatch.com article)  In order to provide guests with the ultimate in security and customer service, Hilton Americas-Houston, the city’s largest hotel, has enhanced their surveillance systems with cutting edge technology from 3VR Security, Inc. The 3VR platform makes it possible for the property to find relevant surveillance footage in seconds, rather than hours, allowing the hotel to utilize the technology for multiple purposes.

As the number-one convention hotel in the city, Hilton Americas-Houston is the first hotel to utilize 3VR’s facial recognition, license plate recognition and advanced motion analytics to provide the ultimate in guest security. In the hotel security business since 1990, John Alan Moore, director of security and life safety for Hilton Americas-Houston says “I’ve never seen anything that is able to do the things this technology does; it’s light-years ahead of the system we previously used.” In addition to providing the ultimate in security for their guests, the hotel is also able to utilize the 3VR system to ensure the best possible customer service. Hilton Americas-Houston is now able to help guests locate lost possessions with the system’s color, directional and object search capabilities. A guest’s misplaced suitcase can be found almost instantly by following the piece using a search based on color and object, from the time it enters the hotel all along its path throughout the building. With over 7,000 lost guest items per year in lost and found, the system will significantly increase the hotel’s ability to satisfy the customer on even higher levels. Another use for the system that Hilton Americas-Houston has found useful is recognizing repeat customers. According to Moore, “We will be able to tie in with front office systems to flag our Gold Card members in order to be able to blow them away with service. This is another tool to be used to keep Hilton as the leader in the industry.” With 90% accuracy, the system registers few false positives, even picking up good facial info on cameras not specifically designated as facial-recognition. On a humorous note, the system is so sensitive that it has recognized faces that were not actually guests; they were photos of the t-shirts of guests. Moore said “President Obama made an appearance on our skywalk, on a guest’s clothing. That’s how bad the system wants to recognize a face.” This high-sensitivity makes the system a most useful tool for the property, providing the ultimate in guest safety and security.

Moore stated, “The system will also allow us to do things we never thought about.” Just some of the uses that are being tested at Hilton Americas-Houston include counting arriving vehicles to determine peak times for staffing and monitoring any vehicle accidents in the garage area to provide guests with needed information for their insurance purposes. Ltd.

http://www.securityinfowatch.com/node/1315210

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Hospitality Industry Risk: Many Hotel Spa’s Are Underinsured With Spa Owners Liable For Injuries To Clients

(From a SmartMoney.com article)  With the growth of the spa industry, consistent standards have become an afterthought. Industry associations do exist, but membership is strictly voluntary. The biggest one, ISPA, represents about 3,200 spas worldwide, but its application process isn’t exactly grueling. Members must agree to abide by the association’s “standards and practices,” which include requirements such as clean treatment rooms and staffers trained in CPR.

They also have to adhere to a code of conduct, which is a list of spa-goers’ rights and responsibilities, says ISPA’s executive director, Lynne Walker McNees. But in the end, spa industry regulations vary from state to state, so there’s no uniform set of guidelines.

As a result, many spas carry inadequate insurance, says Mary Lynne Blaesser, a certified insurance counselor at the Marine Agency, which has provided coverage for about 15,000 spas. “In most states, the only insurance spas are required to carry by law is workers’ comp,” Blaesser says.Without professional or general liability in effect, an injured customer would have to seek recourse or reimbursement directly from the spa owner rather than an insurance company. However, most leases require that lessees carry general liability coverage for such things as trip and fall claims.

The combination of spotty insurance and almost nonexistent refund policies means one thing for dissatisfied customers: Good luck collecting if something goes wrong. And that applies even for the most egregious mishaps. Leandros Vrionedes, a personal-injury lawyer in New York City, had a client whose day-spa facial turned into a horror show. “The esthetician oversteamed the client and applied the wax immediately after,” Vrionedes says. “She wound up taking part of this person’s face off — several layers of skin were removed. The spa argued that it was the fault of the product and we didn’t have a case. We argued that it was the procedure.” After five years of legal wrangling, including trial to verdict and an appeal, the woman received an undisclosed settlement — which her lawyer describes as “not enough.”

Even when a spa does carry insurance, consumers may have a tough time obtaining compensation for injury.

“Some insurance companies will fight you tooth and nail,” Vrionedes says. Don’t assume, though, that you have no case just because of some lengthy waiver you signed when you arrived at the facility. According to Vrionedes, some of these documents will hold up in court, but others won’t — especially those that are all-encompassing. If the release “absolves the spa of absolutely everything in the world,” he says, courts will sometimes void the agreement.

http://www.smartmoney.com/spending/deals/10-things-your-spa-wont-tell-you-10378/?page=3

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Hospitality Industry Privacy: Hotels Must Safeguard Guests’ Privacy And Provide Better Hotel Security As Erin Andrews Incident Demonstrated

On October 12, the television magazine Inside Edition aired a segment in which they visited several hotels to reserve a room next to an employee who was posing as a hotel guest. In each case, the hotel was unaware of the purported sting operation. In each case, without challenging the inquirer, the reservationist complied.

  As a result of the unauthorized video release on the Internet and the suspect’s demonstrated pattern of stalking Ms. Andrews, several news media organizations are calling or visiting hotels and asking for specific rooms, next to specific registered guests (typically undercover media producers posing as registered guests) to see what security measures are in place at the hotel. Commonly referred to as “tabloid journalism,” various media outlets have resorted to these stings to entrap hoteliers doing something wrong and to boost their viewership ratings.

  On October 12, the television magazine Inside Edition aired a segment in which they visited several hotels to reserve a room next to an employee who was posing as a hotel guest. In each case, the hotel was unaware of the purported sting operation. In each case, without challenging the inquirer, the reservationist complied.

So, what can and should hotels do to avoid falling prey to investigative reporters and more importantly ensure the safety and privacy of their guests? Here are eight steps to get started:

  1. ESPN's Erin Andrews

    Immediately start discussing this case with the hotel’s front desk and reservation staff. Make sure that everyone realizes the widespread magnitude and fallout of the privacy violation of Ms. Andrews. If you need more info, “Google” Erin Andrews, and you can get all the latest news from the Internet. In fact, just by searching the keywords “hotel” and “peeping tom” more than 213,000 hits will be revealed in Google, almost all referring to the Erin Andrews incident. And of course the name of the hotel where the incident occurred appears in nearly every hit.

  2. Revisit basic hotel security and privacy procedures, and do some staff training at your hotel. Now more than ever it is appropriate to ask more questions of guests, challenge suspicious people on your property, and evaluate your security cameras, security policies, locking entrance doors, elevator and stairwell access, etc. And expect the stings by investigative journalist to continue into the foreseeable future.
  3. Empower hotel employees to challenge requests for rooms next to other guests. Hotel staff members should ask the requestor why they would like a specific room, and what their relationship is with the person they are requesting to be housed adjacent to. Do not grant the special room request without contacting the other guest and securing their permission; ask them if they know the person who is requesting the special room. We all hate to say “NO” to anyone for anything, but times have changed, and a hotel must take a more proactive stance in guest safety and privacy.
  4. To the extent possible, do not block VIP guests or celebrities in rooms until the morning of arrival. Only advise non-management employees about the name and room number of the celebrity on a “need to know basis” and never in advance of arrival. This will help prevent the identity and location of the celebrity from becoming known outside the hotel and individuals seeking accommodations near the celebrity’s guestroom.
  5. Be more curious and suspicious, and allow staff members some leeway in also being more careful. Do not criticize or punish employees for being too safe. Remember, it is a different world out there from a few years ago. Safety and privacy must be the first priority of every hotel nowadays. Guests expect nothing less.
  6. If a guest complains, IT DOESN’T MEAN YOU DID SOMETHING WRONG! I have to keep reminding my clients of this fact. Sometimes guests “think” they know a law, or industry standard, when in fact many do not know what they are talking about. Hotel employees have every right to ask more questions of a guest who is requesting a room next to someone else, to refuse to connect a caller to a room number where they do not know the registered guest’s name, or to ask questions of a guest loitering around the hotel.
  7. Change your mindset from an immediate “YES” to a more carefully thought out response to guest requests that places safety and privacy at the forefront. Start evaluating guest requests more carefully, and how they may apply to guest security issues. “YES” is always the appropriate response if the request does not compromise the safety and privacy of others or the hotel. If it does, then the correct response is a courteous “NO” with the offer of a suitable alternative (if possible).
  8. Remember, Management retains the right to ask any news media personnel off hotel premises. You do not “have” to answer questions, especially if the media “ambushes” you with cameras in your face. If you find someone walking around your property doing a secret undercover investigation, you can order them off your property immediately. Hotels are considered private property and Management retains complete control of who can and cannot be on your property, as long as such ejection does not violate regulations, statutes or ordinances designed to eliminate illegal discrimination in hotels. Train all employees to refer all media requests only to the hotel’s designated spokesperson and discipline or terminate employees who fail to comply with the workplace rule. Finally, call the police for assistance if media refuse to comply with requests to leave the hotel’s premises.  

(Todd Seiders, CLSD, is director of risk management for Petra Risk Solutions, which provides a full-range of risk management and insurance services for hospitality owners and operators. Their website is: www.petrarisksolutions.com. Todd can be reached at 800-466-8951 or via e-mail at: todds@petrarisksolutions.com.)

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