Here's Your To-Do Agenda For The Top 10 Safety List!
1. Install a sprinkler system and a 24-hour monitored fire alarm system in case of a fire. The deadly fire at The Station Nightclub in Warwick, Rhode Island killed at least 97 and injured 187 customers. Make sure you have the necessary number of fire extinguishers based upon the size of your venue. Also, consider having the music automatically disabled when the fire alarm goes off so patrons can hear the alarm and react quickly.
2. Display well-lit and visible EXIT signs with diagrams showing patrons where all the EXIT locations are - both MAIN and ALTERNATE EXITS. It's a fact that in an emergency, most people will exit out a building the same way they entered. Be sure to have exits clearly marked.
3. Make sure your club is not ignoring, violating, and allowing over-crowding and Exceeding Capacity Limits. This is a severe Fire Code Violation and can cause your club to be hit with a hefty fine.
4. Make sure your club has a solid EXIT PLAN and include Emergency Lighting to illuminate the way for people to get out of your venue. Ensure that all exit doors are accessible and are not blocked or locked in case of an emergency. This is another severe Fire Code Violation. All exit doors should be left unlocked during business hours. Do your exit doors open out or in? Check your fire codes.
5. Have at least one employee or manager on-site who is trained in Crowd Control Management and have a well-thought out Emergency Evacuation Plan. Include a Public Address (PA) System for evacuation orders. Chaos or a stampede can occur from a fire, shooting, or pepper spray.
6. Post signs that "Mace or Pepper Spray" is not allowed in your venue. When pepper spray was used to break up a fight at E2 nightclub in Chicago, it caused chaos and a stampede ensued causing a door to become jammed shut. At least 21 people were killed and 57 injured in the stampede. Ensure your employees know the proper usage of these sprays.
7. If your club is in a high crime area, install metal detectors to ensure knives and/or firearms are not brought into your venue. For instance, over the past few years the City of Seattle has been plagued with hundreds of serious assaults and weapon incidents with patrons bringing guns and knives inside the clubs. Metal detectors would catch most of these weapons before they enter your nightclub.
8. Be proactive and conduct regular safety inspections throughout your venue, recognizing and fixing any and all Fire Code Violations before a disaster occurs. Perform monthly fire drills with your employees so they know how to respond to an emergency.
9. Make sure your employees and especially your security personnel are well-trained in all areas of safety prevention. They are your front-line source to direct patrons out of your venue in case of an emergency or disturbance.
10. Make your nightclub/bar a place where your customers feel safe. Ensure you have taken responsibility for making sure your premises and equipment meet all fire safety regulations and other standards on a continuous basis.
Monday, November 3, 2008
Thursday, October 30, 2008
If You Serve Alcohol, Save Up To 20% On Your Insurance By Doing This:
1. Having a Formal Alcohol Certified Training Program:
Have each employee receive a certificate for completion of alcohol training and awareness.
2. Having a Formal Policy Outlined For The Following:
3. Building Security - Do you have security cameras? What's their visibility, are they taped on discs, hard drive or video tapes, etc?
4. Security Personnel - Do you use employees or have a hired service? Do you have a formal security policy established regarding authority and use of reasonable force?
Completing the above will make your business a better risk and help to keep your risk premiums lower.
Have each employee receive a certificate for completion of alcohol training and awareness.
2. Having a Formal Policy Outlined For The Following:
- Selling or serving beverage alcohol to those who appear intoxicated
- Age Identification
- Fight disturbance and/or fight control if a disturbance breaks out
- Designated driver program
- Setting up local taxi service or providing rides for intoxicated patrons
- Completing incident reports when an incident happens - fight/refusal of service
- Having coffee and food always available
3. Building Security - Do you have security cameras? What's their visibility, are they taped on discs, hard drive or video tapes, etc?
4. Security Personnel - Do you use employees or have a hired service? Do you have a formal security policy established regarding authority and use of reasonable force?
Completing the above will make your business a better risk and help to keep your risk premiums lower.
Thursday, October 23, 2008
~Top Nightclub, Bar, & Restaurant owners say putting the following plans into action will help reduce your losses and increase profits:~
As a Nightclub, Bar, or Restaurant owner you run a business that offers a potential risk not only to your employees but to the customers who frequent your establishment. As a responsible business owner it is vital that you have specific procedures in place for all areas of your business to ensure your employees know exactly what you expect from them to help safeguard your patrons and your employees.
Insurance Carriers look favorably on establishments that have taken the initiative to set up Policies and Procedures for their business. Be sure to review procedures with your staff and make sure they sign off that they have read and understand the policy and procedures for your business.
Insurance Carriers look favorably on establishments that have taken the initiative to set up Policies and Procedures for their business. Be sure to review procedures with your staff and make sure they sign off that they have read and understand the policy and procedures for your business.
- 1. Have an Alcohol Awareness Program for all servers, bartenders, and security personnel.
- Have a Formal Policy & Procedures Manual established for the following:Selling/serving beverages to those who appear intoxicated.
§ - Designated driver program & Age identification
§ - Calling a taxi cab for those who appear intoxicated or ensuring they have safe ride.
§ - Documenting incidents when they take place. A MUST! - Have a Nightclub Security Policy Manual to ensure your security personnel, whether your employees or a security firm, are properly trained in the use of physical force or altercations, alcohol awareness, and identification checks.
- Have an Emergency Evacuation Plan should you have a fire or disaster at your establishment. This lets your employees know exact how to respond to an emergency.
- Have a Workplace Safety Plan to ensure a safe workplace environment, the key ingredient to proper attitude toward safety.
- Have a Business Disaster/Restoration Plan for your business ensuring you get your business operational right away should you have a fire or major disaster that shuts you down for an extended period of time.
Do you have these controls in place to ensure your business is covered and that employees and patrons are protected? Have all your employees read, understand, and signed off on your Policy and Procedures? If not, Why? By following the plan above it could help reduce your losses and increase your profits!
~Nightclub Nighmares~
"Are Your Liabilities And Claims HauntingYou And Keeping You Awake At Night?"
Which of the following do you lose sleep over?
Which of the following do you lose sleep over?
- Nightclub Security. Have your security personnel received appropriate training in how to treat patrons who are obnoxious, intoxicated and must be removed from your business, or breaking up fights and altercations? Civil liability related to use of force can cost hundreds of thousands of dollars. There's a good possibility that if you have a personal injury to a patron, this could result in a lawsuit.
- Identification Process. Do you have a standard policy - NO VALID ID - NO ADMITTANCE. No matter what! And does everyone follow this policy. Do you have a method for checking the identification and recognizing fake, false or altered identification? It's a violation to allow underage drinking in nightclub establishments. Having a policy with security/staff personnel thoroughly trained in checking identification is of the utmost importance in keeping your business in business.
- Assault & Battery Incidents. As mentioned, this can be a Nightclubs worst nightmare. Without proper coverage for Assault & Battery - if a fight or altercation develops and a patron is seriously injured - your business could be sued for millions of $$. Some business owners THINK they have this coverage, but don't. Read your policy to ensure you're covered. If you don't have it, fire your Agent!
- Is Your Dance Floor A Hazard? Do you have proper lighting around the dance floor if there's an elevated step? A mere fall could result in a liability. Statistics show that most fights begin in establishments that generate high revenue from the attraction of the dance floor. Do you allow drinking on the dance floor? Any spills or slippery areas could be a hazard for slips and falls and cause serious physical injury. Another liability waiting to happen.
- Do You Have A Fire Emergency Evacuation Plan? Recent tragedies have brought to the forefront the issue of keeping patrons safe in the event of a fire. Is your staff prepared if there should be a major fire? Are all exits displayed properly and well-lighted? Are exit doors easily accessible in case of an emergency and not blocked? Do you have a sprinkler system in case of a fire? People are still looking at the Rhode Island fire that killed 100+ people. Do you remember what happened to those owners? Take the necessary steps to ensure your business is safe without the worry of fire.
- Do You Carry A Sufficient Amount of Liquor Liability Coverage? Responsible alcohol service is every employee's job within a licensed establishment. Bartenders, servers, security and management should be trained to recognize already intoxicated or those on their way to becoming an intoxicated individual. Do they know when to "cut someone off?" An accident after leaving your establishment could result in an extreme liability. In this day of sue-happy lawyers, make sure your establishment is properly covered by liquor liability. There are additional costs involved, but what's the alternative if you have a major claim and you're not completely covered. Make sure you KNOW what your coverage says and don't just assume. Costs could be coming out of your pocket.
- Do You Have a Policy of Properly Documenting Incidents That Could Result In A Claim? Documentation of important incidents can be a valuable money saving tool. Be sure to complete an Incident Report for all important ad serious incidents. You could use an Incident Log for smaller incidents. Make sure your staff uses this documentation procedure. It can cover both your business and employee if a criminal or civil issue arises.
Tuesday, September 2, 2008
~RESTAURANT INSURANCE BASICS~
Types of Insurance You Need For Your Restaurant
By Lorri Mealey, About.com
One area in the restaurant business you do not want to skimp is insurance. Insurance can protect you and your business for a myriad of problems, from broken equipment to liability lawsuits. Depending on where you live, you will need certain types of insurance for your restaurant. You will also need to carry certain types of insurance to satisfy your bank loans and mortgage.
The most common types of restaurant insurance available include:
• Property Insurance- – Protects your property in case of fire or other events. It may not cover natural disasters, such as floods or earthquakes (see below for a policy that does.) If you have any kind of mortgage on your business and/or equipment, then you should carry a property insurance policy.
• General Liability – This is the umbrella policy that protects you in the event someone slips and falls in your restaurant, gets sick after eating there (whether it was your fault or not). This is a must have in today’s sometime sue-happy world.
• Liquor Liability – Most states require that any establishment holding a liquor license carry liquor liability as part of their insurance. It helps protect you if a customer has too much to drink and drives and hurts themselves or someone else.
• Automobile Liability – If you have a company vehicle, this is a good insurance to have. It may be covered in your general liability, but always check with your insurance agent first.
• Workers Compensation – Protects you if an employee is hurt at work. Most states require that all employers carry some type of workers comp.
• Unemployment Insurance – Is for your employees who no longer work for you until they find employment.
• Life Insurance – Depending on your mortgage and financing you may need to carry a hefty life insurance policy to satisfy your lender. It is also a good idea to have life insurance, in case something does happen to you and your family isn’t left with a restaurant they don’t know how to run and bills they can’t pay.
There is insurance for just about any object, action or person out there. Here are some other types of insurance you can purchase for your restaurant. But keep in mind, these extras will cost you as much or more than whatever it is you are insuring.
• Loss of Business Insurance – If you lose sales through a specific cause, this type of policy can recoup some of the income. Keep in mind the premiums and deductible may make you break even, depending on how much you lose.
• Food Contamination Insurance - If you lose power, because of fallen power lines or a storm, and the entire contents of your walk-in and freezer spoil, this policy would pay to replace the food.
• Specific Peril Insurance – This covers many natural disasters that general liability insurance doesn’t. Events like earthquakes, floods or power outages due to either, may be covered under this insurance.
Use a trusted insurance agent when buying insurance when you are opening a new restaurant. They will know the local and state laws pertaining to how much insurance you need and can help you decide how much more you want to carry.
By Lorri Mealey, About.com
One area in the restaurant business you do not want to skimp is insurance. Insurance can protect you and your business for a myriad of problems, from broken equipment to liability lawsuits. Depending on where you live, you will need certain types of insurance for your restaurant. You will also need to carry certain types of insurance to satisfy your bank loans and mortgage.
The most common types of restaurant insurance available include:
• Property Insurance- – Protects your property in case of fire or other events. It may not cover natural disasters, such as floods or earthquakes (see below for a policy that does.) If you have any kind of mortgage on your business and/or equipment, then you should carry a property insurance policy.
• General Liability – This is the umbrella policy that protects you in the event someone slips and falls in your restaurant, gets sick after eating there (whether it was your fault or not). This is a must have in today’s sometime sue-happy world.
• Liquor Liability – Most states require that any establishment holding a liquor license carry liquor liability as part of their insurance. It helps protect you if a customer has too much to drink and drives and hurts themselves or someone else.
• Automobile Liability – If you have a company vehicle, this is a good insurance to have. It may be covered in your general liability, but always check with your insurance agent first.
• Workers Compensation – Protects you if an employee is hurt at work. Most states require that all employers carry some type of workers comp.
• Unemployment Insurance – Is for your employees who no longer work for you until they find employment.
• Life Insurance – Depending on your mortgage and financing you may need to carry a hefty life insurance policy to satisfy your lender. It is also a good idea to have life insurance, in case something does happen to you and your family isn’t left with a restaurant they don’t know how to run and bills they can’t pay.
There is insurance for just about any object, action or person out there. Here are some other types of insurance you can purchase for your restaurant. But keep in mind, these extras will cost you as much or more than whatever it is you are insuring.
• Loss of Business Insurance – If you lose sales through a specific cause, this type of policy can recoup some of the income. Keep in mind the premiums and deductible may make you break even, depending on how much you lose.
• Food Contamination Insurance - If you lose power, because of fallen power lines or a storm, and the entire contents of your walk-in and freezer spoil, this policy would pay to replace the food.
• Specific Peril Insurance – This covers many natural disasters that general liability insurance doesn’t. Events like earthquakes, floods or power outages due to either, may be covered under this insurance.
Use a trusted insurance agent when buying insurance when you are opening a new restaurant. They will know the local and state laws pertaining to how much insurance you need and can help you decide how much more you want to carry.
Friday, August 22, 2008
~RESTAURANT HAZARDS~
No matter how careful you and your employees are, your business may still experience an unforeseen injury to a customer on your property, from a meal you prepared or possibly an employee who has imbibed a little too much. You may also experience a robbery. This section describes some common and not so common hazards found in restaurants which may cause your business a financial loss.
Consider each hazard and determine if you have reduced your potential to loss by implementing safe operating practices and providing appropriate training to your employees.
The principal hazard in most restaurants is fire. A restaurant fire has the potential of a total loss to the building and contents, significant business income loss, and injury or loss of life. Common causes of a restaurant fire include:
Consider each hazard and determine if you have reduced your potential to loss by implementing safe operating practices and providing appropriate training to your employees.
The principal hazard in most restaurants is fire. A restaurant fire has the potential of a total loss to the building and contents, significant business income loss, and injury or loss of life. Common causes of a restaurant fire include:
- Grease buildup leading to kitchen fires
- Inadequate or infrequent cleaning of hoods, ducts, filters, deep fat fryers and fans
- Absence of automatic and manual fuel cutoff valves
- Improperly extinguished cigarettes and candles
- Inadequate wiring or other electrical defects
- Overheated motors in refrigeration and air conditioning units
GENERAL LIABILITY
General Liability exposures include the potential for serious injury or death to large number of people on the premises in the event of a fire, as well as serious slip and fall injuries. Additional common hazards include:
- Stairways without adequate railings
- Change in elevation without a posted notice
- Defective or broken furniture
- Burns from hot plates or spilled beverages
- Cuts from broken glass or chipped dishware
- Inadequate or poorly marked/lit emergency exits
- Worn or torn floor coverings, foods and liquids spilled on floors
- Inadequate lighting on steps or in passageways Poorly maintained parking lot (inadequate
- lighting, potholes, debris), accumulation of ice and snow
PRODUCTS LIABILITY
Product liability losses are common in a restaurant environment. They are generally not serious, but frequency can become a problem if good food sanitation practices are not implemented and followed. Good controls are necessary to limit frequency and prevent a potentially severe loss. Some common exposures are:
- Foreign objects in food
- Food poisoning as a result of spoilage, contamination or deterioration of food
- Improper temperature in food storage facilities
- Expired shelf life on products
- Improper use of pest control and cleaning chemicals
- Inadequate supply of hot water for dishwashing Inadequate housekeeping practices
LIQUOR LIABILITY
Restaurants that serve alcohol must have appropriate controls in place to limit exposures to liquor liability claims. It encompasses that liability arising from the selling, serving, or distribution of alcoholic beverages. The extent of the restaurant operator's liability varies based on state laws. Contributing exposures are:
- Serving liquor to minors
- Serving liquor to intoxicated persons
CRIME EXPOSURES
Exposure to crime includes burglary, robbery and theft, including employee theft and dishonesty. Some contributing factors are:
- Large amounts of cash on premises
- Lax management attitude toward crime prevention
- Careless hiring practices or supervision
- High employee turnover and/or former employees with keys to the restaurant
- Careless accounting practices and checking account reconciliation
Tuesday, August 19, 2008
How to Deal With Drunk Customers
By Lorri Mealey, About.com
If you are planning on serving liquor at your new restaurant, than you should be familiar with all the laws and responsibilities that come with it. While liquor laws vary from state to state, in most cases if a person is involved in an accident while drunk you, as the owner of the establishment that served them, may be held liable as well.
The best way to avoid any potential lawsuits stemming from drunkenness is to not serve a customer who appears inebriated. Of course, some people can hold their liquor very well, and your staff may not realize the patron is drunk until it is too late. If you are faced with a customer who has had too much to drink, here are some tips for handling them:
• STOP serving them immediately. If the customer has wandered in from another bar or restaurant, you can refuse to serve them. They may claim you’re acting illegal, but your not. You are acting responsible.
• Offer the customer some coffee and some food, as an alternative to a drink.
• Call a cab or another ride home for the customer. Do not let them drive!
• If a customer becomes belligerent or angry, escort them outside of the restaurant and call the police, who can look after the customer, until he or she is safe and sober.
Remember, protecting your assests is the number one priority! You must make sure that every one of your employees understand the severity of this issue. Many establishments get sued every day in the results of over serving a patron. To most bartenders, a healthy tip is more important than saying "no". But the bottom line is that you need to protect yourself and your business!
A good idea would be to have an incodent report log for situations just to cover this area. Something with a description of what the customer was wearing, his actions, as well as the precautions your employees took.
I was at a small local place with a friend of mine this past Saturday evening and there was a fairly larger gentleman bellied up to the bar that looked to be extremely intoxicated. I motioned the bartender over and suggested he no longer serve this fellow, he sort of just nodded, but proceeded to pour this guy shot after shot. The guy was buying everybody drinks, leaving a large tip for every order. The next thing I know, his chair falls backwards into everybody else. He can't get up on his own strength and it takes two large employees to literally drag him out to the sidewalk. This could potentially be a big problem for the owner of this place if this gentleman hit his head or was to injure himself in any way...or worse, if he drove home. Over serving is a very important topic for you to cover with your employees, a topic that could save you a lot of hassle.
If you are planning on serving liquor at your new restaurant, than you should be familiar with all the laws and responsibilities that come with it. While liquor laws vary from state to state, in most cases if a person is involved in an accident while drunk you, as the owner of the establishment that served them, may be held liable as well.
The best way to avoid any potential lawsuits stemming from drunkenness is to not serve a customer who appears inebriated. Of course, some people can hold their liquor very well, and your staff may not realize the patron is drunk until it is too late. If you are faced with a customer who has had too much to drink, here are some tips for handling them:
• STOP serving them immediately. If the customer has wandered in from another bar or restaurant, you can refuse to serve them. They may claim you’re acting illegal, but your not. You are acting responsible.
• Offer the customer some coffee and some food, as an alternative to a drink.
• Call a cab or another ride home for the customer. Do not let them drive!
• If a customer becomes belligerent or angry, escort them outside of the restaurant and call the police, who can look after the customer, until he or she is safe and sober.
Remember, protecting your assests is the number one priority! You must make sure that every one of your employees understand the severity of this issue. Many establishments get sued every day in the results of over serving a patron. To most bartenders, a healthy tip is more important than saying "no". But the bottom line is that you need to protect yourself and your business!
A good idea would be to have an incodent report log for situations just to cover this area. Something with a description of what the customer was wearing, his actions, as well as the precautions your employees took.
I was at a small local place with a friend of mine this past Saturday evening and there was a fairly larger gentleman bellied up to the bar that looked to be extremely intoxicated. I motioned the bartender over and suggested he no longer serve this fellow, he sort of just nodded, but proceeded to pour this guy shot after shot. The guy was buying everybody drinks, leaving a large tip for every order. The next thing I know, his chair falls backwards into everybody else. He can't get up on his own strength and it takes two large employees to literally drag him out to the sidewalk. This could potentially be a big problem for the owner of this place if this gentleman hit his head or was to injure himself in any way...or worse, if he drove home. Over serving is a very important topic for you to cover with your employees, a topic that could save you a lot of hassle.
Wednesday, August 13, 2008
Foodborne Illness Complaints: Make Sure Your Staff Is Ready
By Bill Marvin, the Restaurant Doctor
Here are some suggestions from Bill Marvin, The Restaurant Doctor, about handling the most dreaded of all phone calls, one from an upset guest who has come down with symptoms they claim are the result of eating in your restaurant.
Because of the potential liability (and devastating publicity) that could result, it is very important that you have a well thought out and deliberate plan to respond to these types of complaints.
Here are a few initial steps that Bill suggests you take to resolve this type of complaint quickly and fairly:
1. Have a Foodborne Illness/Complaint Form ready. Have a form ready to gather information wherever a call of this type could be received. You do not want to ask an upset guest to wait while you hunt for a form, or trust your memory to make sure you get all the information you will need and you do not want to ask the caller to call someone else at another number.
2. Get the facts. The first thing is to find out the facts of the matter so you will be able to determine what actually happened. It is safest to assume the complainant has a valid claim and you will need every possible scrap of information to locate and eliminate the cause of the problem. You do not know if this is the first of many calls and you must be careful not to convey an attitude with your tone of voice.
3. Apologize for any upset the guest may be experiencing. You must be more precise when dealing with complaints of this sort but that does not mean you cannot also be compassionate. This is a human interaction with a person who was a guest in your restaurant and who is now experiencing a major upset for which you may (or may not) bear some responsibility. Do your best to stay neutral.
4. Don't argue or admit liability. You do not have to admit to anything in order to be empathetic. At this state, you are not trying to resolve the matter, only to collect the facts. Resist the urge to react to the complaint. This is often difficult as the complainant may be making statements that sound irrational to you or making demands that sound unreasonable.
5. Resist the temptation to admit that it was your entire fault and throw yourself on the mercy of the complainant. This posture can be tempting just because it will end the conflict but remember you are a detective at this point not a peacemaker and stick to your task.
When you receive a complaint claiming foodborne illness, it's important to first get the facts and document what was said. If you don't already have your own Foodborne Illness/Complaint Report form (devised by the National Restaurant Association), I will supply you with one that explains what to ask so that you have a permanent record of what the claimant said. Just email me at brianhanson@choiceinsurance.net and I will be sure to send you the PDF. Complaints that may carry some possible liability, such as incidents of foodborne illness, cannot be handled like a typical service complaint.
I will say it again - You do not want to ask an upset guest to wait while you hunt for a form, or trust your memory to make sure you get all the information you will need, and you certainly do not want to ask the caller to call someone else at another number. Actions such as these will likely be interpreted as stalling or lack of concern - they will only make the caller more anxious and upset.
This would be a good topic to discuss at your monthly safety meetings. In fact, discussing the following "Safe Food Handling - Clean: Washing Hands and Surfaces" would go along real well with the Foodborne Illness topic.
Safe Food Handling - Clean: Wash Hands and Surfaces Often
Bacteria can be spread throughout the kitchen and get onto hands, cutting boards, utensils, counter tops and food. To fight bacteria always:
-Wash your hands with warm water and soap for at least 20 seconds before and after handling food and after using the bathroom, changing diapers and handling pets.
-Wash your cutting boards, dishes, utensils, and counter tops with hot soapy water after preparing each food item and before you go on to the next food.
-Consider using paper towels to clean up kitchen surfaces. If you use clot towels wash them often in the hot cycle of your washing machine.
-Rinse fresh fruits and vegetables under running tape water including thos with skis and rinds that are not eaten.
-Rub firm-skin fruits and vegetables under running tap water or scrub with a clean vegetable brush while rinsing with running tap water.
Here are some suggestions from Bill Marvin, The Restaurant Doctor, about handling the most dreaded of all phone calls, one from an upset guest who has come down with symptoms they claim are the result of eating in your restaurant.
Because of the potential liability (and devastating publicity) that could result, it is very important that you have a well thought out and deliberate plan to respond to these types of complaints.
Here are a few initial steps that Bill suggests you take to resolve this type of complaint quickly and fairly:
1. Have a Foodborne Illness/Complaint Form ready. Have a form ready to gather information wherever a call of this type could be received. You do not want to ask an upset guest to wait while you hunt for a form, or trust your memory to make sure you get all the information you will need and you do not want to ask the caller to call someone else at another number.
2. Get the facts. The first thing is to find out the facts of the matter so you will be able to determine what actually happened. It is safest to assume the complainant has a valid claim and you will need every possible scrap of information to locate and eliminate the cause of the problem. You do not know if this is the first of many calls and you must be careful not to convey an attitude with your tone of voice.
3. Apologize for any upset the guest may be experiencing. You must be more precise when dealing with complaints of this sort but that does not mean you cannot also be compassionate. This is a human interaction with a person who was a guest in your restaurant and who is now experiencing a major upset for which you may (or may not) bear some responsibility. Do your best to stay neutral.
4. Don't argue or admit liability. You do not have to admit to anything in order to be empathetic. At this state, you are not trying to resolve the matter, only to collect the facts. Resist the urge to react to the complaint. This is often difficult as the complainant may be making statements that sound irrational to you or making demands that sound unreasonable.
5. Resist the temptation to admit that it was your entire fault and throw yourself on the mercy of the complainant. This posture can be tempting just because it will end the conflict but remember you are a detective at this point not a peacemaker and stick to your task.
When you receive a complaint claiming foodborne illness, it's important to first get the facts and document what was said. If you don't already have your own Foodborne Illness/Complaint Report form (devised by the National Restaurant Association), I will supply you with one that explains what to ask so that you have a permanent record of what the claimant said. Just email me at brianhanson@choiceinsurance.net and I will be sure to send you the PDF. Complaints that may carry some possible liability, such as incidents of foodborne illness, cannot be handled like a typical service complaint.
I will say it again - You do not want to ask an upset guest to wait while you hunt for a form, or trust your memory to make sure you get all the information you will need, and you certainly do not want to ask the caller to call someone else at another number. Actions such as these will likely be interpreted as stalling or lack of concern - they will only make the caller more anxious and upset.
This would be a good topic to discuss at your monthly safety meetings. In fact, discussing the following "Safe Food Handling - Clean: Washing Hands and Surfaces" would go along real well with the Foodborne Illness topic.
Safe Food Handling - Clean: Wash Hands and Surfaces Often
Bacteria can be spread throughout the kitchen and get onto hands, cutting boards, utensils, counter tops and food. To fight bacteria always:
-Wash your hands with warm water and soap for at least 20 seconds before and after handling food and after using the bathroom, changing diapers and handling pets.
-Wash your cutting boards, dishes, utensils, and counter tops with hot soapy water after preparing each food item and before you go on to the next food.
-Consider using paper towels to clean up kitchen surfaces. If you use clot towels wash them often in the hot cycle of your washing machine.
-Rinse fresh fruits and vegetables under running tape water including thos with skis and rinds that are not eaten.
-Rub firm-skin fruits and vegetables under running tap water or scrub with a clean vegetable brush while rinsing with running tap water.
Tuesday, August 12, 2008
Temporary Employee Liability: Is It Really YOUR Job To Provide Workers’ Compensation?
In most states, the issue of who is responsible for workers’ compensation coverage is addressed by common law. According to the “dual employer” doctrine, loaned, leased, or temporary workers are usually considered employees of both the labor service and the client company. If a worker is injured, workers’ compensation coverage can be provided by either party (the temporary service or the client company), depending on their contractual agreement in compliance with state law.1
Rising Use of Temporary Employees:
In today’s business environment of re-engineering, downsizing, and organizational change, the use of temporary employees is becoming quite common. Employers attempt to fill needs that result from staff shortages or peak seasons by hiring through temporary employment agencies. Employers also use temporary employees in an attempt to free themselves from the responsibility and costs of providing workers’ compensation and fringe benefits. However, depending on the jurisdiction, this is not always the case. Employers who fail to verify that the employment agencies have workers’ compensation coverage, or have it in adequate limits, can expose themselves to tort liability for the temporary employees under their supervision.
Who Provides Compensation for Temporary Employees?
Under exclusive remedy, both the client employer and the temporary agency are protected against tort action by the injured worker. In some states, an injured worker can sue beyond the benefits obtained from the workers’ compensation system. In these situations, specific indemnification clauses within the contract between the temporary agency and the client employer:
• Protect an employer from this risk; and
• Depend on the ability of the temporary agency to pay the indemnification.
In other states, client employers cannot escape the strict application of common law since they control the work environment and are held directly responsible for the safety of all workers under their control. One recourse in these states is for the client company to verify that the temporary agency has a temporary service contractor or alternate employer endorsement on its workers’ compensation policy. This allows the temporary agency to indemnify the client employer, through its workers’ compensation carrier, for any workplace injuries for which they are held liable.
Full Safety Training for Temporary Employees
The best possible way for every party to reduce the potential for worker’s compensation responsibility is to reduce the likelihood of workplace accidents. The temporary agency should inspect a potential client’s workplace to determine if their employees will be put at unusual risk. Similarly, the client employer should take “ownership” of temporary employees. Temporary employees should receive the same safety training as full-time workers. Supervisors should be made aware of the potential liabilities and the need to ensure the safety of temporary workers.
Organizations that use temporary employment agencies should realize they could share responsibility if a temporary employee is injured on the job. As part of sound risk management, they should also require their temporary agency to show proof of workers’ compensation coverage and general liability insurance.
David Stephenson, legislative analyst for the National Federation of Independent Business, said, “The onus should fall mostly on the temp agency to carry comp insurance for its workers, but the NFIB recommends all employers carry comp coverage, even those smaller ones exempted by state law.”2
Benefits vs. Cost
Retention, control and the right to hire and fire are considered significant indicators of employer status. When assessing if expense savings are being realized, it’s worth noting that temporary employment agencies adjust the hourly rate depending on job hazards — just as workers’ compensation rates are adjusted depending on the hazard code. Is the additional liability worth the perceived cost savings when using temporary employees? In the short term, the answer may be yes. Over the long term, it’s smart to analyze the true benefits and costs along with the potential for loss.
References:
1. Donald Elisburg, Attorney & Union Co-chairman, American
Bar Association’s Occupational Safety and Health Law Committee.
2. “Employers Need to Be More Cautious When Hiring Outside
Help, Experts Say.” BNA Workers’ Compensation Report, 5(22):
685-687, October 24, 1994.
Rising Use of Temporary Employees:
In today’s business environment of re-engineering, downsizing, and organizational change, the use of temporary employees is becoming quite common. Employers attempt to fill needs that result from staff shortages or peak seasons by hiring through temporary employment agencies. Employers also use temporary employees in an attempt to free themselves from the responsibility and costs of providing workers’ compensation and fringe benefits. However, depending on the jurisdiction, this is not always the case. Employers who fail to verify that the employment agencies have workers’ compensation coverage, or have it in adequate limits, can expose themselves to tort liability for the temporary employees under their supervision.
Who Provides Compensation for Temporary Employees?
Under exclusive remedy, both the client employer and the temporary agency are protected against tort action by the injured worker. In some states, an injured worker can sue beyond the benefits obtained from the workers’ compensation system. In these situations, specific indemnification clauses within the contract between the temporary agency and the client employer:
• Protect an employer from this risk; and
• Depend on the ability of the temporary agency to pay the indemnification.
In other states, client employers cannot escape the strict application of common law since they control the work environment and are held directly responsible for the safety of all workers under their control. One recourse in these states is for the client company to verify that the temporary agency has a temporary service contractor or alternate employer endorsement on its workers’ compensation policy. This allows the temporary agency to indemnify the client employer, through its workers’ compensation carrier, for any workplace injuries for which they are held liable.
Full Safety Training for Temporary Employees
The best possible way for every party to reduce the potential for worker’s compensation responsibility is to reduce the likelihood of workplace accidents. The temporary agency should inspect a potential client’s workplace to determine if their employees will be put at unusual risk. Similarly, the client employer should take “ownership” of temporary employees. Temporary employees should receive the same safety training as full-time workers. Supervisors should be made aware of the potential liabilities and the need to ensure the safety of temporary workers.
Organizations that use temporary employment agencies should realize they could share responsibility if a temporary employee is injured on the job. As part of sound risk management, they should also require their temporary agency to show proof of workers’ compensation coverage and general liability insurance.
David Stephenson, legislative analyst for the National Federation of Independent Business, said, “The onus should fall mostly on the temp agency to carry comp insurance for its workers, but the NFIB recommends all employers carry comp coverage, even those smaller ones exempted by state law.”2
Benefits vs. Cost
Retention, control and the right to hire and fire are considered significant indicators of employer status. When assessing if expense savings are being realized, it’s worth noting that temporary employment agencies adjust the hourly rate depending on job hazards — just as workers’ compensation rates are adjusted depending on the hazard code. Is the additional liability worth the perceived cost savings when using temporary employees? In the short term, the answer may be yes. Over the long term, it’s smart to analyze the true benefits and costs along with the potential for loss.
References:
1. Donald Elisburg, Attorney & Union Co-chairman, American
Bar Association’s Occupational Safety and Health Law Committee.
2. “Employers Need to Be More Cautious When Hiring Outside
Help, Experts Say.” BNA Workers’ Compensation Report, 5(22):
685-687, October 24, 1994.
Slips & Falls - How to operate a safe working envoronment
Even the best safety precautions can’t eliminate the risk. But you do reduce the likelihood of such a loss if you keep your premises in good condition. Develop written safety plans, communicate them to your employees and document training and enforcement of these policies because in the event of a loss, such documentation may keep you from being held liable. It’s your responsibility to create a safe working environment and preventing slips and falls will help keep your business in business.
Your business is growing and running smoothly, which is a GREAT feeling, and you want to keep it that way. However, an seemingly innocent, construction-related slip and fall can be devastating not only to the injured worker, customer or supplier but also to your business. According to the National Safety Council, slips, trips and falls are among the leading causes of accidental death in the United States and a slip and fall could shut down your business for good!
How do you help prevent such an accident?
It isn’t easy but it can be done. Use these basic tips to reduce workplace and job site slip and fall accidents:
• Create and maintain a formal safety program.
• Investigate ALL accidents to determine cause and conditions.
• Hold employees responsible for maintaining safe walk surfaces, housekeeping and proper material storage.
• Hold subcontractors responsible: communicate your safety policies and require Certificates of Insurance.
• Conduct periodic inspections to identify and correct unsafe conditions.
• Delegate responsibility to functional supervisors to improve conditions and loss frequency. Certain activities are more often connected with slip and fall accidents than others. Pay attention to Walking and Climbing.
• Identify surfaces likely to cause accidents: holes, elevations, slopes or slippery surfaces. Mark them clearly, add handrails and require non-slip soles on footwear.
• Post Guidelines
– When exiting equipment never jump down. Turn inward to face the equipment and climb down.
– Don’t obstruct your vision when carrying items. Use handcarts or other aids to distribute weight.
Your business is growing and running smoothly, which is a GREAT feeling, and you want to keep it that way. However, an seemingly innocent, construction-related slip and fall can be devastating not only to the injured worker, customer or supplier but also to your business. According to the National Safety Council, slips, trips and falls are among the leading causes of accidental death in the United States and a slip and fall could shut down your business for good!
How do you help prevent such an accident?
It isn’t easy but it can be done. Use these basic tips to reduce workplace and job site slip and fall accidents:
• Create and maintain a formal safety program.
• Investigate ALL accidents to determine cause and conditions.
• Hold employees responsible for maintaining safe walk surfaces, housekeeping and proper material storage.
• Hold subcontractors responsible: communicate your safety policies and require Certificates of Insurance.
• Conduct periodic inspections to identify and correct unsafe conditions.
• Delegate responsibility to functional supervisors to improve conditions and loss frequency. Certain activities are more often connected with slip and fall accidents than others. Pay attention to Walking and Climbing.
• Identify surfaces likely to cause accidents: holes, elevations, slopes or slippery surfaces. Mark them clearly, add handrails and require non-slip soles on footwear.
• Post Guidelines
– When exiting equipment never jump down. Turn inward to face the equipment and climb down.
– Don’t obstruct your vision when carrying items. Use handcarts or other aids to distribute weight.
ABOUT ME: PERSONAL BIO
Yes, it's true, I have chosen to dedicate insurance career to the hospitality industry. Maybe it's because I see that the industry is somewhat under served with regards to insurance, understanding that no two restaurants share the same exposures. Maybe it's because I tend to relate to my clients on more than a professional level, inviting them to events and patroning their establishments with groups of people; I will always recommend a clients' place of business before anywhere else. But realistically, I think it's because I have a special connection with the people that serve us our wonderful delectables and libations - after all, they should be treated and taken care of just as thorough and unique as us when we are in their care.
My goal as an Insurance Broker is to consult your specific needs and identify all possible exposures while maintaining a mutually beneficial relationship. I provide Enterprise Risk Management by following a specific outline and seeing it through to completion.
Some of the services and information included in the Risk Management process are as follows: HR Consultation, Hiring & Firing Practices, Employment Applications, Disciplinary Procedures, Employee Handbooks, Synergistic Business Operations and General Knowledge pertaining to Insurance Law.
We identify, assess and control your exposures, discuss the best finance options (inside or outside funds), control the frequency of losses and monitor it throughout the policy term.
The following lists a variety of services provided by companies I have forged strong relationships with: Fire Suppression Systems (UL300), Sprinkler Testing, Fire Extinguisher Recharge, Hood & Flu Cleaning, as well as Meat, Fish and Poultry Distribution. These companies take care of my clients very well.
I have built my business through trust, delivery, long term relationships and pride. There is no account too small nor too large.
Specialties
Restaurants - Chain / Franchise / Individual
Bars / Taverns / Entertainment Venues
Hotels / Motels
Distributors: Food / Beverage, etc.
Distilleries / Manufacturers
I am full of professional advice pertaining to Restaurant & Hotel Risks and would love to be of assistance to you in any way possible! If I cannot give you an exact answer immediately, I will track it down and get back to you just as soon as I can.
Thank you very much for spending time on my website and I hope that you find it to be extremely valuable to your business. If there is a subject that you would like to see me touch on, please either email me at brianhanson@choiceinsurance.net or feel free to leave a comment.
My goal as an Insurance Broker is to consult your specific needs and identify all possible exposures while maintaining a mutually beneficial relationship. I provide Enterprise Risk Management by following a specific outline and seeing it through to completion.
Some of the services and information included in the Risk Management process are as follows: HR Consultation, Hiring & Firing Practices, Employment Applications, Disciplinary Procedures, Employee Handbooks, Synergistic Business Operations and General Knowledge pertaining to Insurance Law.
We identify, assess and control your exposures, discuss the best finance options (inside or outside funds), control the frequency of losses and monitor it throughout the policy term.
The following lists a variety of services provided by companies I have forged strong relationships with: Fire Suppression Systems (UL300), Sprinkler Testing, Fire Extinguisher Recharge, Hood & Flu Cleaning, as well as Meat, Fish and Poultry Distribution. These companies take care of my clients very well.
I have built my business through trust, delivery, long term relationships and pride. There is no account too small nor too large.
Specialties
Restaurants - Chain / Franchise / Individual
Bars / Taverns / Entertainment Venues
Hotels / Motels
Distributors: Food / Beverage, etc.
Distilleries / Manufacturers
I am full of professional advice pertaining to Restaurant & Hotel Risks and would love to be of assistance to you in any way possible! If I cannot give you an exact answer immediately, I will track it down and get back to you just as soon as I can.
Thank you very much for spending time on my website and I hope that you find it to be extremely valuable to your business. If there is a subject that you would like to see me touch on, please either email me at brianhanson@choiceinsurance.net or feel free to leave a comment.
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