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Healthcare – HospitalityLawyer.com https://pre.hospitalitylawyer.com Worldwide Legal, Safety & Security Solutions Fri, 10 May 2019 19:05:16 +0000 en hourly 1 https://wordpress.org/?v=5.6.5 https://pre.hospitalitylawyer.com/wp-content/uploads/2019/01/Updated-Circle-small-e1404363291838.png Healthcare – HospitalityLawyer.com https://pre.hospitalitylawyer.com 32 32 How to Minimize Jet Lag Symptoms https://pre.hospitalitylawyer.com/how-to-minimize-jet-lag-symptoms/?utm_source=rss&utm_medium=rss&utm_campaign=how-to-minimize-jet-lag-symptoms https://pre.hospitalitylawyer.com/how-to-minimize-jet-lag-symptoms/#respond Sat, 29 Jul 2017 19:04:32 +0000 http://pre.hospitalitylawyer.com/?p=14509 Circadian rhythm disruption occurs when the rhythm set by one’s biological clock is misaligned with the solar day and night cycle of the environment. One of the most acute disruptions to circadian rhythm is rapid travel across time zones – a phenomenon known as jet lag. Jet lag not only impacts individual travelers but can also affect a company’s bottom line. In fact, a recent study found that mistakes made by jet lagged staff members cost UK businesses more than EUR 240 million (USD 311 million) during 2016.

To minimize the symptoms of jet lag, travelers need to recognize that their internal clock and circadian rhythm are dependent on environmental cues, such as light. Travelers who are unaware of this often use ineffective and even harmful means to minimize the symptoms of jet lag, such as alcohol and excess amounts of caffeine. Even though there is no single treatment to combat jet lag or its effects, scientists have developed useful recommendations and guidelines to help minimize its symptoms. This blog post attempts to present simplified, best practice information, while acknowledging that a host of other information – which some may find confusing or complex – exists on the Internet.

General Guidelines for How to Minimize Jet Lag

The first question you should ask when considering what steps to take to minimize jet lag is this: How many days will I be traveling? This simple metric is useful to determine whether or not you should shift and adapt your biological clock to a destination’s local solar time. These guidelines are primarily based on a 2009 article published in Sleep Medicine Reviews – a peer-reviewed medical journal.

Traveling for 1-2 Days

When you plan to be in a destination for only one to two days, there really is no point in helping your circadian rhythm adapt to the destination time zone – by the time you become adapted to this time zone, you will arrive back at home. The general advice for this scenario is:

  • Sleep when you can.
  • Maintain alertness by using stimulants, such as caffeine.
  • Schedule important meetings when you will have a higher propensity to stay awake; be aware that your circadian rhythm will be off, and therefore, your performance could be askew, as well.

Traveling for More Than 4-5 Days

Pre-flight preparation is necessary when you plan to be in a destination for more than four to five days, especially if it is critical that you be able to work immediately upon arrival. The primary goal of the guidelines presented below is to help shift your internal clock in the correct direction to help minimize the effects of jet lag.

These guidelines should be followed starting prior to departure and continuing for three to four days after arrival. It is extremely important to note that both light and melatonin (0.5 mg pre-flight and 3-5 mg post-flight) are used together in this protocol. Furthermore, all times are noted relative to departure location time, because that is the time your biological clock is synchronized to prior to the protocol.

How to minimize jet lag going west

When you travel westward, you are actually traveling back in time compared to the 24-hour rotation of the earth. Therefore, your internal clock needs to shift back in time to remain in sync with the 24-hour rotation of the earth.

  • Avoid Bright Light during the Morning: Since light exposure in the early morning causes the internal clock to shift forward, avoid bright light during the departure location’s early morning.
  • Seek Bright Light during the Evening: Since light exposure in the late evening shifts the internal clock back in time, seek bright light during the departure location’s late evening.
  • Take Melatonin during the Early Morning: Melatonin should be taken during the departure location’s early morning (0.5 mg pre-flight and 3-5 mg post-flight).

How to minimize jet lag going east

When you travel eastward, you are actually traveling forward in time compared to the 24-hour rotation of the earth. Therefore, your internal clock needs to shift forward in time to remain in sync with the 24-hour rotation of the earth.

  • Seek Bright Light during the Morning: Since light exposure early in the morning causes your internal clock to shift forward, seek bright light during the departure location’s early morning.
  • Avoid Bright Light during the Evening: Since light exposure late in the evening shifts your internal clock back in time, avoid bright light during the departure location’s late evening.
  • Take Melatonin during the Early Evening: Melatonin should be taken during the departure location’s very early evening (0.5 mg pre-flight and 3-5 mg post-flight).

What About Traveling for 3-5 Days?

The same strategies used for “Traveling More Than 4-5 Days” can be used for trips that last three to five daysto achieve partial adaptation to the new time zone, if you want to create a more favorable sleep schedule. However, it is important to note that even though adapting to solar time of the new destination is optimal, it may be very difficult to achieve in this situation because of the intermediate length of such trips.

A Few More Words on Melatonin and Light

Melatonin is not readily available in most countries. In the US, melatonin can be found over-the-counter. However, since melatonin is considered a nutritional supplement, it is not regulated by the FDA. According to the National Academy of Science, short-term use of melatonin at a daily dose less than or equal to 10 mg is safe in healthy adults who are not taking other dietary supplements or concurrent medications. The American College of Physicians recommends that melatonin be avoided by people who have asthma and people who plan to drive or operate heavy machinery within eight hours of taking it. All travelers should consult with their healthcare provider before using melatonin.

Strategies to avoid light include wearing protective eyewear, sleeping, and staying in a darkened room. Whenever possible, individuals attempting to avoid light should also avoid using electronic devices such as computers, smartphones, or televisions. Strategies to expose oneself to light include going outdoors during daylight, using special room lighting, or using a commercial light box. People taking photosensitizing agents, such as malaria medications and certain antibiotics, should use caution when using a commercial light box.

Conclusion

Jet lag is observed when a traveler arrives in a new time zone that differs widely from his or her home time zone. Because this new time zone has a different solar time, the traveler’s internal clock is not synchronized with it. Symptoms of jet lag persist until the internal clock shifts and synchronizes with the solar time in the new time zone; the ability of the internal clock to synchronize with a new solar time varies from individual to individual. Guidelines, advice, and even apps regarding the management and prevention of jet lag are readily available; however, it is easy to become overwhelmed in this sea of possibly conflicting information. The information in this blog post highlights practical, cohesive strategies that can be used to help you combat jet lag.

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Ebola and Terrorism Threaten African Tourism https://pre.hospitalitylawyer.com/ebola-and-terrorism-threaten-african-tourism/?utm_source=rss&utm_medium=rss&utm_campaign=ebola-and-terrorism-threaten-african-tourism https://pre.hospitalitylawyer.com/ebola-and-terrorism-threaten-african-tourism/#respond Thu, 06 Aug 2015 16:00:23 +0000 http://pre.hospitalitylawyer.com/?p=13373 African tourism was severely impacted by the global recession that started around 2008. In 2013 we started seeing signs of a recovery, with the number of tourists increasing by over 5%, or three million, over 2012.

This increase created a positive anticipation that 2014 would be the year in which normality returned to the tourism industry. In fact, the World Tourism Organisation had forecast up to a 6% growth in the number of travellers and the early signs were impressive. Many tour operators and booking agents experienced record sales in the early part of 2014. Unfortunately, a recent survey of more than 500 safari operators by Safaribookings.com found that they had experienced overall reductions of 20% to 70% when compared to 2013. The primary reason given for the sharp decline was “fear of contracting Ebola”.

Tourist misconception of Africa

The problem for various African countries is: despite the fact that the countries affected by Ebola – namely Sierra Leone, Liberia and Guinea – are closer to Europe than to East and Southern Africa, there are geographical misconceptions of tourism regions by potential tourists. They view Africa as one homogenous country and not as the second-largest continent, containing 55 recognised states.  This false impression will ensure that the number of tourists will remain low, even to countries not affected by Ebola, until the disease is contained or public perception changes.

East Africa has been particularly impacted by tourists’ Ebola concerns, despite being more than 5 000km from the outbreak region. During August, the World Health Organisation issued a warning regarding Kenya having a high “possibility” of experiencing an outbreak, due to it being a major travel hub. However, to date, that country has not experienced a single incident. It is praiseworthy as well as noteworthy that international airports are highly vigilant in steps taken to prevent any spread across borders.

Ebola football disappointment

Morocco had been scheduled to host the African Cup of Nations Football tournament in January 2015. Due to Ebola concerns linked to the large influx of supporters from West Africa and the difficulty in controlling such numbers, Morocco cancelled the tournament.

Although it is likely that another country will host the tournament, this decision will have an impact on the Moroccan tourism industry because many in the tourism industry have taken advance payments for bookings. They have also assumed greater levels of debt in improving the services offered by hotels and lodges.

The employment expectations of locals have also been dealt a blow. The Cup of Nations event would have expected an opportunity of employment for at least the period of the competition and possibly even permanently, as sports tourists may elect to revisit the country at a later date. But those individuals are now unlikely to earn an income from tourism, which is a further impact of Ebola on individuals as well as on the Moroccan economy as a whole.

Ebola and insurance

Insurance companies do provide an element of protection with respect to “contagious disease”  being the cause of “business interruption”. However, this is generally limited to disease occurring within a specific radius to the affected business, lodge or hotel. It is highly likely that should Ebola not be contained in the West African region and spreads further, reinsurers might consider either specifically excluding Ebola, or entirely remove the contagious disease clause. Treaties are being renewed for the 2015 calendar year, and there is little doubt that this specific extension will come under scrutiny.

The impact of terrorism on African tourism

While Ebola has had an impact on the number of tourists cancelling or postponing scheduled trips to Africa as a whole, the impact of terrorism has been more localised to those countries directly affected. Nigeria, for example, has seen a decline in the number of visitors following the kidnapping of schoolgirls and that government’s perceived inability to adequately deal with that challenge.

However, the country that has been hardest hit is Kenya, following the bombings in Nairobi and terrorist attacks along the Kenyan coast. Although this has had an impact within the local economy, most tourists primarily visit Kenya for safaris. Those visitors who may have planned to visit Mombasa for the beach portion of their holiday are now switching to Zanzibar, the beautiful archipelago of islands off the coast of mainland Tanzania.

Attacks on hotels?

… new insurance risk insights needed

Fortunately, there have been no direct attacks on African hotels. However, the Taj Mahal Hotel in Mumbai, India, was severely impacted by a terrorist attack during 2008. To put matters into context, this does not mean that a single incident in India makes that country any less safe to visit than ever before. Equally, terrorism attacks in Africa merely demonstrate that there is no destination that can offer a guarantee of personal safety – and insurance needs to be carefully assessed in new and insightful ways.

Wide awake insight

Insurance does provide various products. For instance, Hollard Hospitality and Tourism provides War and Terrorism cover, as well as Kidnap and Ransom, and we have partnerships and representatives throughout the African continent. From an insurance point of view, it is extremely important to have sources for local risks as well as legislation and circumstances specific to each country.

Although our colleagues in Africa originally experienced interest in War and Terrorism, as well as Kidnap and Ransom cover, demand for this cover appears to have reduced. This seems to be due to the Somali pirates issue being largely addressed by a greater military presence in the region, including South African forces. There has also been a reduction in the number of kidnappings from oil bases in Nigeria.

For the present moment, this seems to suggest that the threat of terrorism within African countries, is not viewed as an immediate priority by either hotel owners or the African insurance industry.

However, all specialist underwriters and experts within Hollard Broker Markets who cover all categories of insurance, including Hospitality and Tourism, encourage brokers to keep alert to changes which can happen in a flash.  We believe our intermediary network, particularly those who guide clients in the “movement-dependent” Tourism and Hospitality arena, are faced with the challenge of keeping totally abreast of changes that can happen overnight.

This is why at Hollard Hospitality and Tourism we make sure we have up-to-date risk information, available at all times, from our specialist underwriters and category experts. Our expertise is yours to give insightful guidance and help you to do the very best for your clients, wherever they are in the world.

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N.fowleri Infections Update https://pre.hospitalitylawyer.com/n-fowleri-infections-update/?utm_source=rss&utm_medium=rss&utm_campaign=n-fowleri-infections-update https://pre.hospitalitylawyer.com/n-fowleri-infections-update/#respond Sat, 01 Aug 2015 03:25:59 +0000 http://pre.hospitalitylawyer.com/?p=13443 Naegleria fowleri is an amoeba common to warm bodies of fresh water, including lakes and unchlorinated or poorly chlorinated swimming pools. This amoeba can infect the human nervous system and induce a lethal form of encephalitis when a victim insufflates contaminated water deep into the nasal cavities; while infection is relatively rare, only one percent of all victims survive. This parasite has made the news in recent years with the moniker “brain-eating amoeba” because it feeds on the proteins that help form neurons in our brains.

Both travelers and hotel owners/operators need to understand the conditions that encourage N.fowleri infection, as this amoeba presents a significant health hazard and a potential liability. N.fowleri thrives in warm fresh water; it cannot survive in very cold, salty, or properly chlorinated water. Infections typically occur in stagnant bodies of water, often after swimmers have stirred up sediment (which contains N.fowleri spores), and usually involve an activity like jumping, diving, or wakeboarding. In 2012, two people in Louisiana died from N.fowleri infection after using contaminated tap water with their neti pots. Death almost always occurs one to twelve days after infection.

This past summer, a four year-old boy in Bernard Parish, Louisiana, died of PAM (primary amebic meningoencephalitis, the extremely lethal result of N.fowleri infection) after playing on a Slip ‘n Slide. A twelve year-old boy in LaBelle, Florida, died of PAM after kneeboarding in a water-filled ditch near his home. One very lucky twelve year-old girl from Arkansas managed to survive an N.fowleri infection, making her the third survivor in the recorded history of the disease.

Hotel owners and operators must be aware of potential N.fowleri hazards in bodies of water on or around their premises. If you offer guests access to recreational bodies of warm fresh water, we recommend making N.fowleri informational brochures available at your front desk; you may even consider providing complimentary nose plugs. Of course, it is absolutely essential that you keep all swimming pools and hot tubs properly chlorinated. Don’t assume that the water in hot tubs and/or hot springs is sufficiently hot to kill N.fowleri; the amoeba can survive temperatures well in excess of 115°F (46°C) for short periods of time.

Originally published on Thursday, September 12, 2013
3808 views at time of republishing

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Hotel Pools: Another Potentially Hazardous Amenity https://pre.hospitalitylawyer.com/hotel-pools-another-potentially-hazardous-amenity/?utm_source=rss&utm_medium=rss&utm_campaign=hotel-pools-another-potentially-hazardous-amenity https://pre.hospitalitylawyer.com/hotel-pools-another-potentially-hazardous-amenity/#respond Fri, 31 Jul 2015 03:23:13 +0000 http://pre.hospitalitylawyer.com/?p=13437 We wrote about the hazards inherent in hotel balconies last week, but that isn’t the only potentially troublesome amenity that hotel owners and operators must review. Hotel swimming pools seem innocuous enough to most guests and hotel staff, but as a deep body of water, they present a drowning hazard nonetheless. Hotel management should consider the variety of guests that use their facilities, including non-swimmers and people under the influence of alcohol.

Last Sunday, a six year-old boy nearly drowned in the swimming pool of a West Palm Beach hotel. The incident followed on the heels of a more lethal event earlier this summer. In June, a twenty seven year-old man drowned in the pool of a hotel in downtown Seattle. His friend went to get help from the front desk, and about fifteen staff members came out to help; only one went in the water, which was so murky that witnesses could not see the bottom of the pool. First responders arrived and began searching for a missing person; however, nearly two hours later, a retired firefighter who was also a guest at the hotel recovered the body from the pool’s murky depths. On top of that, due to confusion among emergency personnel, hotel guests had actually resumed use of the pool before the body was recovered. The swimming pool failed a subsequent health code inspection, adding to a lengthy history of similar failures.

Whether the problem is overconfidence or simple neglect, hotel owners and operators must understand that swimming pool safety measures and frequent maintenance aren’t simply going the extra mile; rather, they help a hotel meet the duty of care obligations it owes to every guest. This Seattle hotel failed to keep the water in its pool clean and clear, and as a result may have missed the opportunity to save this young man’s life. If you are responsible for safety measures in and around a hotel swimming pool, please consider the lessons learned by this incident.

Originally published on Tuesday, September 17, 2013
960 views at time of republishing

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Seasonal Influenza Increasing with Potential to Disrupt Health Services https://pre.hospitalitylawyer.com/seasonal-influenza-increasing-with-potential-to-disrupt-health-services/?utm_source=rss&utm_medium=rss&utm_campaign=seasonal-influenza-increasing-with-potential-to-disrupt-health-services https://pre.hospitalitylawyer.com/seasonal-influenza-increasing-with-potential-to-disrupt-health-services/#respond Thu, 30 Jul 2015 02:55:05 +0000 http://pre.hospitalitylawyer.com/?p=13383 Executive Summary

Seasonal influenza has begun to increase in the Northern Hemisphere, where influenza season typically peaks between December and March. However, the current influenza season has increased more rapidly and earlier than usual in North America, while Europe has seen medium-to-low influenza activity so far. Seasonal influenza can be prevented by receiving the annual influenza vaccine, which protects against three strains of influenza: one strain each of A(H1N1), A(H3N2), and an influenza B strain. Quadrivalent vaccination, offering protection against an additional influenza B strain, is also available in some regions.

Key Judgments:

• The US reports intense and widespread influenza activity.

• Canada reports almost half of infections in the province of Quebec.

• Europe reports increasing, but currently low-to-medium, activity.

• Spain and the UK are reporting the highest numbers of influenza cases in several years.

• Vaccination remains the best approach to avoid infection.

North America

During the week ending Dec. 20, 125 influenza outbreaks were reported in seven provinces in Canada, 94 of them in longterm care facilities. National public health officials reported that influenza cases have mostly occurred in the provinces of Alberta, Ontario, and Quebec. Increasing influenza activity has been reported in Newfoundland and Labrador, and in Saskatchewan. Furthermore, health officials in Quebec announced Dec. 18 that the influenza season had started earlier than expected and will likely be more intense than in previous years. Quebec reported 1,238 new infections, out of 2,740 total for all of Canada, during the week ending Dec. 20.

In the US, health officials have reported widespread influenza activity in 43 states, with 29 states reporting high influenzalike illness patient visits during the week ending Dec. 27. Although the proportion of deaths due to pneumonia and influenza had surpassed the epidemic threshold during the week ending Dec. 20, those numbers dropped below the threshold during the following week.

The most common strain this season is the influenza A(H3N2) virus, accounting for more than 95 percent of reported US cases. Unfortunately, most of the infections have been caused by an A(H3N2) strain that is slightly different from the one in this season’s vaccine, which may compromise its effectiveness. Still, vaccination is highly recommended, even if a person has already had the flu this season. The most updated vaccine effectiveness studies will be available from the CDC in mid-to-late January. Patient visits and hospitalizations are almost at same level as the peak of the 2012-13 season, the most recent A(H3N2)-predominant season, but higher than the 2013-2014 season, which was an A(H1N1)- predominant season. This matches historical trends, in which A(H3N2) strains typically cause more severe influenza seasons than A(H1N1) strains. The CDC predicts that pneumonia- or influenza-related deaths will increase again before the season is over.

In both the US and Canada, numerous hospitals have implemented restricted visitor policies to reduce the number of people capable of spreading influenza in a healthcare setting.

Mexico, on the other hand, reported a 42-percent decrease in influenza cases as compared to the same period in the 2013-2014 season, as of the last week in December. In Mexico, the dominant strain is A(H3N2).

Europe

For the first week in 2015, the European Centre for Disease Prevention and Control (ECDC) reported medium-to-low influenza activity. More countries have started reporting an increase in activity compared to the previous week. The ECDC also reported that 11 of the 13 countries whose data was received have influenza A(H3N2) as the dominant strain.

Although many countries report to this agency, there is a delay in data availability; some countries have more updated information on their own disease surveillance websites.

England reported 74 outbreaks during first week in 2015, mostly in care homes. The most recent major influenza season in the UK occurred in winter 2010-2011. Although the current outbreak has not reached those levels, rates so far are higher than the latest three seasons. Health authorities have stated that approximately half of reported cases are A(H3N2), infections, but it is unclear which strain will dominate this season.

In Spain, health officials have reported a marked increase of patients in emergency rooms with influenza-like symptoms.

Some hospitals in Galicia (Hospital do Salnes in Galicia), Madrid (Hospital Universitario de Fuenlabrada), and Toledo (Hospital Virgen de la Salud) have reported considerable disruptions in their ability to care for patients in a timely manner.

Several health institutions have been asking patients only to go to the hospital if it is really an emergency, and to try to visit their primary care physicians instead. Health officials report Asturias and Galicia have widespread activity. Madrid is experiencing localized activity only, though at its highest levels in three years.

Seasonal Influenza

“Seasonal influenza” refers to a variety of human influenza viruses that follow seasonal trends in specific geographic regions. These viruses peak during the winter months in temperate areas and cycle year-round in tropical areas. Seasonal influenza viruses include several strains of influenza A(H3N2) and influenza B, as well as the influenza A(H1N1) virus that caused the 2009 pandemic, and has replaced the previous A(H1N1) seasonal strain. Seasonal influenza viruses do not include avian influenza viruses such as A(H5N1) or novel influenza viruses such as the A(H3N2)v strain linked to swine in the US since 2011. These types of influenza are monitored and reported separately.

Seasonal influenza viruses generally cause mild-to-moderate illnesses, but can be severe and even life-threatening in individuals with certain underlying health conditions. Influenza is not the same as a cold. Symptoms of influenza include cough, sore throat, runny or stuffy nose, muscle and body aches, headaches, and fatigue; in some cases, influenza also causes fever, vomiting, and diarrhea. Most individuals recover from an influenza infection in a few days, and most infections resolve within two weeks. However, some cases can develop complications such as pneumonia, bronchitis, and sinus or ear infections. Some of these complications can be life-threatening, especially in individuals with certain health conditions.

Severe influenza infections and potentially life-threatening complications are more common in individuals with certain chronic medical conditions.

Influenza is primarily spread by droplets released when infected individuals cough, sneeze, or speak. Other susceptible individuals can then breathe in these droplets and become infected. Less often, individuals can contract influenza by touching a surface or object containing the influenza virus and then touching their own mouth, eyes, or nose. Individuals with influenza are contagious for a period beginning one day before the onset of symptoms and five-seven days after symptoms begin. This means that it is possible to transmit influenza to others before the patient realizes he is sick.

Conclusion and Advice

Like all respiratory diseases, individuals can reduce their risk of influenza infection by taking strict respiratory hygiene precautions: washing hands regularly and avoiding large crowds or apparently sick individuals. However, because influenza can be spread before symptoms are apparent, these measures are only partially effective. Even though the 2014-2015 season vaccine may be less effective than in previous years, all individuals – unless medically contraindicated – should be vaccinated. These immunizations – which are available in either inactivated or live attenuated versions and can be delivered intramuscularly, intradermally, or nasally – protect against influenza infection within 2-3 weeks of immunization. Experts reformulate the seasonal influenza vaccine every year to account for changes in the influenza viruses active in the community, and the effectiveness of the influenza vaccine depends on how well-matched the vaccine is to active influenza viruses.

Influenza does not need to reach pandemic status to affect business continuity; seasonal influenza accounts for USD billions per year in economic losses in the US alone. The most useful resource for a company to minimize potential losses is a thorough business continuity plan. Disruptions should be expected not only in internal sectors, but also in immediate and local infrastructure. In the case of an influenza or other type of pandemic, these preparations are crucial. One of the key functions of the iJET Integrated Intelligence Operations is to provide clients with resources and design and tailor pandemic planning to their particular needs.

Originally published on Tuesday, March 31, 2015
315 views at time of republishing

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Sick Leave for Restaurant Workers Necessary for Food Safety https://pre.hospitalitylawyer.com/sick-leave-for-restaurant-workers-necessary-for-food-safety/?utm_source=rss&utm_medium=rss&utm_campaign=sick-leave-for-restaurant-workers-necessary-for-food-safety https://pre.hospitalitylawyer.com/sick-leave-for-restaurant-workers-necessary-for-food-safety/#respond Fri, 30 Jan 2015 16:00:48 +0000 http://pre.hospitalitylawyer.com/?p=12634 The history of food safety, corporate irresponsibility, and workers’ rights is long and tortuous (as well as tortious). From the days of Upton Sinclair (rotten and diseased meat), unpasteurized and tuberculosis-laden milk, all the way through the present, the dangers of unsafe food have been compounded by improperly trained and poorly paid food workers.

In fact, during my career as a food safety lawyer on behalf of people harmed by contaminated food, I can honestly say that only a few cases did not involve food workers who were insufficiently trained, poorly paid or both.

That’s particularly true in the restaurant industry, especially in fast food restaurants. Employees of those establishments who are paid poorly, have few benefits and no pensions are time and time again implicated in foodborne illness outbreaks. That happens because if you are a marginalized worker, you do not have the luxury that most of take for granted: paid sick time or a livable wage sufficient to accrue the financial cushion on which most of us depend.

I am reminded of this financial reality by a recent newspaper article concerning a protest to demand higher wages and sick leave for all employees (http://www.startribune.com/local/stpaul/284174151.html). This paragraph from the article, exemplifies the problem:

Guillermo Lindsay, the night manager at McDonald’s Midway restaurant, said he was recently forced to come to work with the stomach flu because managers didn’t answer their phones when he called four times to alert them that he was ill. “If I didn’t come in, I would have gotten written up, suspended or fired. Instead I came in and then two other workers got sick.”

The problem is not stupid, lazy, inconsiderate workers; it’s a system that under-values human dignity and public safety. If you want food safety, you have to pay for it. It’s really that simple.

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Overseas Business Travel Liability and the Duty of Care in Times of Ebola https://pre.hospitalitylawyer.com/overseas-business-travel-liability-and-the-duty-of-care-in-times-of-ebola/?utm_source=rss&utm_medium=rss&utm_campaign=overseas-business-travel-liability-and-the-duty-of-care-in-times-of-ebola https://pre.hospitalitylawyer.com/overseas-business-travel-liability-and-the-duty-of-care-in-times-of-ebola/#respond Fri, 05 Dec 2014 16:00:39 +0000 http://pre.hospitalitylawyer.com/?p=12618 As of late 2014, the United States faced no Ebola pandemic whatsoever. The odds of catching Ebola in an American workplace remained statistically zero. Only a handful of Ebola cases had made their way to the United States, and a few hospitals aside, every American workplace remained Ebola-free. Only two employees had caught Ebola on an American job site—both at the same Dallas hospital. Both survived.

And yet American employers have been battening down for the Ebola pandemic possibly to come. Industrial health and safety experts have been recommending Ebola protective measures. Conferences on Ebola have been scheduled. Law firms have issued bulletins explicating the theoretical legal issues that might emerge were Ebola to infect American workplaces. The US Occupational Safety and Health Administration has even drawn criticism for not giving employers enough detailed guidance on preventing Ebola.

Meanwhile, where an actual Ebola pandemic rages in real time and endangers countless workers is West Africa, particularly Liberia, Sierra Leone and parts of Mali and Guinea. The World Health Organisation had declared Africa’s Ebola pandemic a “Public Health Emergency of International Concern.” The pandemic has killed well over 5,000 Africans with “more than 150 Liberian medical workers [having] died from Ebola.” (S. Fink, “Treating Those Treating Ebola in Liberia,” The New York Times, Nov. 6, 2014)

As of 2014, the most urgent real-world Ebola risk threatening the American workforce is in Africa—that is, the danger US-based staff face when traveling for work to West Africa. Think of researchers, journalists, consultants, medical relief workers, infrastructure development teams, government staff, government contractors, and American expatriates who happen to live and work where Ebola strikes.

And so the most practical Ebola question that employers should be asking about their American staff is: What is our liability risk as to our US-based employees and expatriates who contract Ebola while working overseas?

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Ebola Examined: The History of a Viral Scourge https://pre.hospitalitylawyer.com/ebola-examined-the-history-of-a-viral-scourge/?utm_source=rss&utm_medium=rss&utm_campaign=ebola-examined-the-history-of-a-viral-scourge https://pre.hospitalitylawyer.com/ebola-examined-the-history-of-a-viral-scourge/#respond Mon, 30 Jun 2014 10:00:21 +0000 http://pre.hospitalitylawyer.com/?p=11399 In 2014, we’ve seen epidemics and pandemics portrayed extensively in film and theorized about in mass media. Despite the low fatality rates associated with real-life outbreaks like modern-day H1N1, pandemics are typically portrayed as diseases with a devastating fatality rate. Just when we’re ready to chalk up the exceptionally high body counts of the plagues in Contagion and 24 Days Later to sensationalism, a viral specter from our recent past has reappeared in force.

Ebola has reclaimed headlines this summer; the infamous pestilence is sowing turmoil and death in the West African countries of Guinea, Liberia, and Sierra Leone. Characterized by especially painful symptoms and fatality rates up to ninety percent, the Ebola virus disease (EVD) has no known cure, recalling the dark days of the 1918 flu pandemic and the Black Death.

The modern world first encountered Ebola in 1976, when an outbreak in Zaire infected 318 people and killed 280. Since then, the virus erupted once more in Zaire, once in Uganda, six times in Gabon, and nine times in the Congo, infecting 1,168 people and killing 869. In 2014, Ebola has infected 528 people and killed 337.

This filo-virus is spread when a human comes into contact with bodily fluids from an infected human or animal (most commonly a monkey or bat). Symptoms consist of severe manifestations of flu-like symptoms followed by agitation of the central nervous system, which can lead to seizures and coma. Many infected people also bleed from mucous membranes and puncture sites. Death occurs due to septic shock.

Travelers can keep a close eye on the status of Ebola outbreaks by subscribing to ProMED Mail, an internet-based early-warning system for outbreaks of emerging and re-emerging diseases. Also, companies like FrontierMEDEX offer customized travel health packages that include pre-deployment travel information and advice, first aid kits, and bite prevention packs. This is especially recommended for those visiting sub-Saharan Africa in the months ahead.

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I Did Not Care About Yoga Until It Changed My Life https://pre.hospitalitylawyer.com/i-did-not-care-about-yoga-until-it-changed-my-life/?utm_source=rss&utm_medium=rss&utm_campaign=i-did-not-care-about-yoga-until-it-changed-my-life https://pre.hospitalitylawyer.com/i-did-not-care-about-yoga-until-it-changed-my-life/#respond Sun, 04 May 2014 10:00:47 +0000 http://pre.hospitalitylawyer.com/?p=11361 Yoga

Kicking up to a handstand at age 50? Five years ago, I would never have believed it.

For years, while I provided lip service to the notion that I am able to learn at any age, I was in truth resigned to my then-current state of existence, with no real intention to acquire new knowledge to change anything: my stress level, my weight, and my overall outlook on life.

Yoga revolutionized that.

Because I ran my own business, I worked all the time, and during the rare times when I wasn’t working, I was worried about getting the next project. I had to “go-go” constantly and felt the weight of the world on my shoulders. High strung, anxious, and overweight, life wasn’t exactly enjoyable.

However, I saw this predicament as merely a by-product of my career choice; so I compensated by eating more, spending more, and complaining more, all of which fueled my rising weight and stress and wasn’t particularly helpful for my marriage.

A friend of mine, who works with many business owners and as such is frequently witness to this type of unhealthy lifestyle, thought gaining the ability to physically and mentally get away would grant me a fresh perspective. As such, she recommended I pursue yoga. Being a type-A personality, and falsely believing stress and anxiety are simply parts of a productive life, I initially dismissed her advice, but eventually gave in.

I started attending lunch time classes at a studio near my office, with the goal of attending once a week. I thought I would give it try for a while, but like many times in the past, I suspected that I would eventually abandon it. I was resigned to my old ways and saw them as inevitable. I didn’t know a single lawyer who wasn’t stressed, so why should I be different?

At first, everything felt hard. Holding the poses for several breaths tensed my muscles to the point where they started to shake. I had little endurance. The transition from one pose to the next was difficult as I lacked flexibility and moved awkwardly—like a “cow.” For the first few weeks, I was angry that it was so hard, that my muscles were sore and shaking, and that I was sweating so much. I was frustrated with my inability to keep up and felt like I was back in high school with the insecurities of an awkward and displaced teenager.

Yet, after each class, I couldn’t help but take note of the fact that I always felt better. Getting through the class required my full attention, and I was able to both physically and mentally get away from the office during that hour, just as my friend had hoped. The fact that with every passing class my muscles shook less and the poses and transitions were becoming less trying were other improvements I couldn’t help but notice as well.

I was also grateful for my patient yoga teacher.

He recognized my initial frustration and did his best to tell me it was OK and that things would change over time. The key, he said, was to keep practicing. As I continued to pursue yoga, I felt myself getting stronger and more flexible. I noticed many day-to-day things, including walking up the stairs and reaching for higher cabinets, were becoming easier, and as things became easier, I carried less stress and anxiety, particularly about the small things. The quality of my life, in tangible ways, was improving!

I began to feel and see differently. I no longer saw myself as an awkward person moving like a “cow.” I now possessed the ability to move fluidly and smoothly—it just took practice and work. The physical manifestations were altering my self-view and I was less emotionally defensive. I was finally able to see myself as a person capable of improving things I didn’t like, able to take charge of the things I knew I could change and being more accepting of those I could not.

Around this time, another yoga teacher appeared, who, through his teaching method, doubled down on “acceptance and change:” He had us work on holding the down-dog position for five minutes. We first started with a one minute hold, then added 30 seconds each month, reaching the five minute goal after nine months. It was tremendously satisfying to reach that goal, yet what I learned during the process was even more satisfying and important because it altered my outlook on life.

As I gained strength and endurance and pushed through the discomfort of the longer down-dog hold, it became less difficult. Also, as I worked at it, I gained the confidence that an additional 30 seconds might be doable.

Each of those 30 second increments were necessary parts of the whole, and a plan was devised to get there, to reach the goal. The most important lesson learned, for me, is that things don’t just happen magically. There has to be a clear intent, a plan, the willingness to invest one’s time, and the discipline to simply show up.

Another one of yoga’s biggest life lessons for me is this: Things are generally more straightforward than we make them out to be. For example, if losing weight is a goal, as it was in my case, it’s usually a matter of acquiring better habits—eating less and healthier, and exercising more. Focusing on the “why” may be helpful, but if too much focus is placed on it, it can potentially create a feeling of resignation and inevitability.

Yoga helped lead me to the understanding that any meaningful change takes focus, time, and work. Unfortunately, much of today’s society seems laser-focused on immediate results; there is an implied immediacy to goal accomplishment. This creates pain and limitation and often the reaction is to over-think and over-analyze a situation in an attempt to avoid perceived or real failure.

This limits one’s ability to focus on the work and the commitment needed to make changes.

At some point, deliberate action must be taken. I may not achieve my goal instantaneously, but I certainly won’t achieve anything if I take no action at all. By applying the individual lessons learned in yoga, I lost 50 lbs and kept it off, I kicked a nasty caffeine addiction to the curb, I got off high blood pressure medication, and I was finally able to get over the fear of and actually learned how to kick up to a handstand.

Because I gave myself both the time and the means to reach my goals, I was able to make lifestyle changes to sustain those improvements. The key for me is consistency—the same way my yoga teacher had the class build towards the five minute down-dog hold consistently over a nine month period. Now when faced with something I think might be impossible, I think back to the improbability of a five minute down dog—and I know I can face almost anything.

I started yoga at the age of 46 and through the practice reconnected with my capacity to learn new things and aspire towards new accomplishments, which previously I had thought “impossible.” Once I realized I can change and had the wherewithal to do what it took, I formulated a plan to work toward it—no more over-complicating the issue, no more rationalizing that I need more information, and no more excusing myself.

Was I capable of making changes without yoga? Probably—but for me, yoga is what it took to show me that (a) “more” is possible, (b) getting to “more” takes focus, time, and work, and (c) so long as I continue to work and practice at it, I can get closer to the “more.”

My yoga practice is an excellent continual reminder of this outlook, and I no longer have to be confined and resigned to my former ways. In fact, like the poses, I can always be “more”—as long as I am willing to work at it. Thanks to yoga, I am no longer resigned to the limitations that I once imposed on myself.

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Recent Hotel Incidents Serve as Cautionary Tales of Carbon Monoxide Health and Legal Risks https://pre.hospitalitylawyer.com/recent-hotel-incidents-serve-as-cautionary-tales-of-carbon-monoxide-health-and-legal-risks/?utm_source=rss&utm_medium=rss&utm_campaign=recent-hotel-incidents-serve-as-cautionary-tales-of-carbon-monoxide-health-and-legal-risks https://pre.hospitalitylawyer.com/recent-hotel-incidents-serve-as-cautionary-tales-of-carbon-monoxide-health-and-legal-risks/#respond Wed, 26 Mar 2014 10:00:37 +0000 http://pre.hospitalitylawyer.com/?p=11343 Recently media exposure regarding the dangers of carbon monoxide poisoning in hotels, motels, and resorts has seemed to increase. The issue has garnered attention among such major media outlets as ABC News’ 20/20,USA Today, andCNN. With good reason – a 2013 USA Today investigation showed that, “eight people have died and at least 170 others have been treated for carbon monoxide poisoning in the past three years in hotels.” A concerning statistic given that according to the United States Consumer Product Safety Commission, approximately 170 people die each year from carbon monoxide produced by non-automotive consumer products overall.

Carbon monoxide, also known as CO, is a colorless, odorless, gas with toxic consequences for people and animals. Carbon monoxide poisoning is a risk that hotel, motel, and resort operators must take seriously, most importantly to ensure the safety and well-being of guests. But also because of the potential legal exposure carbon monoxide poisoning poses, both to business entities and individual owners, should the unthinkable happen in their hotel.

The following are three recent cautionary tales involving carbon monoxide poisoning at hotels, and an illustration of the severe consequences for the hotel owners and operators in each case:

1. In April 2013 an elderly couple was found dead in room 225 of a Boone, North Carolina hotel. Although a presumptive test indicated an elevated level of carbon monoxide in the room, initial blood tests on the couple were inconclusive. However, after a two month delay, toxicology reports obtained by the medical examiner indicated that the couple died of carbon monoxide poisoning.

In a tragic twist of fate, in June 2013, approximately seven weeks after the elderly couple had passed away, an eleven year old boy and his mother checked into room 225 at the same hotel. Both were stricken with carbon monoxide poisoning, with the mother surviving, and, sadly, the boy not. A transcript from the 911 call reveals a hotel employee saying, “This just happened to us last month so please come help us…you don’t understand, we just went through this.”

The hotel manager, who is also the president of the hotel’s management company, chose to re-open the room to the public six weeks after the elderly couple had died, and before the medical examiner determined their cause of death. Investigation revealed that the source of the carbon monoxide leak was a damaged exhaust pipe in the hotel pool heater. Incredibly, investigators found several holes in the pipe and it was propped up with a VHS cassette tape and a hotel ice bucket. The exhaust pipe was located in the drop ceiling just below room 225.

Outcome: On January 8, 2014, a North Carolina grand jury indicted the hotel manager on three counts of involuntary manslaughter and aggravated assault for the mother’s injuries. He has entered a plea of not guilty and is awaiting trial. As a result of this incident, a new law was passed requiring all North Carolina hotels to have carbon monoxide detectors.

2. On February 25, 2014, twenty-one guests at a Maine time-share resort suffered carbon monoxide poisoning and seven of them had to be hospitalized. Many of the guests began feeling sick, but attributed their symptoms to food poisoning or the flu. They also reported feeling dizzy, lightheaded and nauseous. A hotel desk clerk called the fire department who discovered that the resort contained high levels of carbon monoxide. An investigation revealed that the building’s gas furnace ventilation system malfunctioned causing the deadly gas to build up inside the building.

Outcome: Notably, the building was not equipped with carbon monoxide detectors nor was it required to since the law requiring them took effect in 2012, many years after the resort was built in 1988.

3. More recently, on March 18, 2014, the relatives of an Ohio attorney found dead last fall in a Palm Springs, California hotel room of carbon monoxide poisoning, filed suit in the Los Angeles County Superior Court. The suit alleges that the hotel’s management failed to properly investigate after another guest became ill in the same room approximately two weeks earlier. The prior guest reported to the hotel staff that she vomited and experienced an elevated heart rate and tightness in her chest. These symptoms subsided when she opened a door and breathed fresh air.

The suit alleges that despite being notified of the problem, the hotel continued to rent the room to other guests.       Investigators from the Palm Springs Police Department ultimately concluded that the source of the carbon monoxide leak was a faulty pool heater which was located directly below the decedent’s room.

Outcome: Significantly, the death is being investigated by the Palm Springs Police Department and it is anticipated that they will present their findings to the District Attorney’s office for possible criminal or civil charges, or a combination of the two. Of note, California does not require hotels to be equipped with carbon monoxide detectors until January 1, 2016.

For the owner/operators in these and other carbon monoxide poisoning cases, the potential legal implications are severe. Not only could criminal charges be brought against the hotel proprietors, but any civil suits for negligence and/or wrongful death would present the potential for significant exposure, including the imposition of punitive damages. Thus, the question becomes: What is a hotel owner, operator or management company to do to prevent these catastrophic scenarios?

Unlike smoke detectors, which are federally regulated, only a handful of states and municipalities require hotels to install carbon monoxide detectors. While this number is currently small, in light of the scenarios discussed above, it is foreseeable that all states will move in the direction of requiring carbon monoxide detectors in hotel rooms. However, the question of whether a hotel owner/operator should get ahead of the curve and install carbon monoxide detectors comes down to a cost/benefit analysis.  Admittedly, the costs associated with the hard wiring of monitors, including electrical work and retrofitting interior spaces, are not insignificant. However, owners and operators must weigh any potential cost against the hotel’s top priority, namely the safety and security of its guests. In addition, installing carbon monoxide detectors could serve as a marketing differentiator from a hotel or resort’s in-market competitors.

Should a hotel have to contend with the unthinkable, a catastrophic incident, such as carbon monoxide poisoning, it is advisable to immediately conduct a detailed and thorough investigation. Preferably, counsel should be retained at the outset to shepherd the investigation, retain appropriate experts and serve as a liaison between the hotel and the investigating authorities. The benefit of counsel conducting the investigation is that everything learned during the course of the investigation falls under attorney client privilege in the likely event that a lawsuit is initiated.

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