April 19, 2018
New Safety Requirements:
Musculoskeletal Injury Prevention Program
"These new regulation require a specific new prevention program targeted at musculoskeletal injuries. This program must address the specific hazards of
housekeeping."
The hotel industry will be under new safety standards later this summer and employers need to prepare for the new rules. California’s Office of Administrative Law gave final approval to Cal/OSHA’s new hotel housekeeping standard and set an effective date of July 1st.

The standard is an effort to protect housekeepers from musculoskeletal disorders created by what labor and advocates say is an ever-increasing workload from the so called
“bed race” – providing more luxurious amenities in hotel rooms. The standard was fought vigorously by the hotel industry, which now must comply with the safety standard
The regulations require a specific new prevention program targeted at musculoskeletal injuries. Dubbed the Musculoskeletal Injury Prevention Program or MIPP, the
program must address the specific hazards of housekeeping.

Employers already are required to have an Injury and Illness Prevention Program that addresses their workplace hazards. Now hotels must also have and provide an MIPP.

Good Hiring Practices Part 2
The Second of Two Articles on Good Hiring Practices

Preventing Charges of Negligence in Hiring
Employers must wait until a conditional offer of employment has been made to a job candidate before they can investigate the candidate’s conviction history. Also, employers are limited as to their questioning about aspects of the private lives of current employees and job candidates. Some of these may have an effect on the job.

While employers are restricted about their ability to seek information about their prospective employees and current employees, they are also being held responsible for negligently hiring as well as keeping staff members whose criminal backgrounds, past substance abuse or related problems indicate a possible risk of harm to others. This kind of scrutiny is even more intense for employees whose job responsibilities could impact the health and safety of co-workers and/or the public. This applies particularly to employees who operate motor vehicles or deal with customers in the privacy of their homes or hotel rooms.
In the past, under the doctrine of respondeat superior, employers as a rule were considered liable only for their employees negligent and intentional acts injuring others when occurring on the job. This meant that injured third parties were rarely able to recover damages against employers if the injurious acts occurred outside the scope of the employee’s employment or did not happen in the place of business.
However, under the negligent hiring and retention doctrine, injured third parties have, in specific instances been successful in suing employers for negligent hiring or retention of employees who have been involved in criminal or violent acts that happened outside work or outside the scope of employment. Negligent hiring and retention allows plaintiffs to obtain damages in situations that previously was not possible.

This tenet also includes the employer’s responsibility to “exercise reasonable care for the safety of members of the general public,” and states that a person engaging in an activity through employees or other agents is subject to liability “(a) for harm resulting in his conduct if he is negligent or reckless; and (b) in the employment of improper persons or instrumentalities in work involving risk or harm to others.” ( Source : CalChamber, Good Selection Practices )

Although it is harder to conduct background checks, employers are still held liable for negligent hiring.

An employer may be held liable if they put an employee with known tendencies, or tendencies that should have been discovered by a reasonable investigation in a situation in which it could have been foreseen that the employee might be a threat to others.

An employer might be found negligent in employing a person whose violent criminal background would have been discovered if a background check had been conducted after making a conditional job offer. This is especially true in situations where the employee is in a position of trust or in contact with the public. Examples are pastors or teachers who were hired to work with children when they have been convicted of crimes against children.

This creates a dilemma for employers in hiring responsibly. They do not want to be sued for discrimination when rejecting a candidate based on their conviction history. But if such a candidate is hired and a problem occurs, they might be held liable for a negligent hire. Employers way want to get legal counsel to avoid undue exposure.
CLIA lodging members can call the FREE CLIA Helpline at 916 925-2915 with questions about this topic as well as other labor, legal and operational questions.
AAA Hotel Inspectors Looking for Well Connected Properties
A hotel's ability to communicate with guests via new technology and smartphone apps is of increasing importance to AAA hotel inspectors.
 (photo via travnikovstudio/iStock/Getty Images Plus)
Hotel technology that allows lodging operators and guests to interact on a personalized basis is of growing importance to AAA hotel inspectors.

AAA announced today it has updated its hotel Approval Requirements & Diamond Rating Guidelines, which is the criteria inspectors use to evaluate the more than 27,000 AAA inspected and approved hotels throughout the United States, Canada, Mexico and the Caribbean.

Developed with input from AAA inspectors, members, and industry professionals, the new guidelines replace ratings for traditional (and almost outdated), business centers at hotels with a score for “connective technology” instead.

  Inhospitable to Human Trafficking:
Training Workshop
DATE AND TIME
Monday April 30, 2018
6:00-8:30 p.m.
LOCATION
Courtyard by Marriott
700 W. Huntington Drive
Monrovia, CA 91016
FREE WORKSHOP
Presented by BEST: Businesses Ending Slavery and Trafficking
 
This workshop will empower you to make a difference in the lives of those who are exploited by equipping you with best practices to identify and report suspected trafficking incidents, prevent trafficking, and increase hotel safety. You will learn how to protect your hotel from legal risks, security risks, and reputational risks. You will also learn how to use BEST’s online training program to train all staff at your properties and discover ways to build upon your existing human trafficking training tools.
 
All attendees will receive a certification of completion by BEST at the end of the workshop.
 
SPACE IS LIMITED - YOU MUST PRE-REGISTER TO ATTEND
Includes Refreshments
Contact: Bobbie Singh-Allen bsinghallen@clia.org 916 925.2915
2018 Fisher Phillips Firm OSHA Webinar Series
Join Fisher Phillips attorney, Ed Foulke, for a complimentary webinar series dedicated to hot topics in workplace safety and employment law.
May 16 | 11:00am
Topic: Active Shooter
September 19 | 11:00am
Topic: OSHA Walking-Working Surfaces & Fall Protection
November 14 | 11:00am
Topic: Developing Safety Managers Into Corporate Leaders

Conn Maciel Carey ’s 2018 Labor & Employment Webinar Series , hosted by the firm's Labor & Employment Practice Group , is designed to give you the practical solutions to ensure you are running your business in a way that does not run afoul of the most important labor and employment laws facing our workforce today.
Click here for the full schedule and program descriptions.
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