Shared Space Applies to Your Restaurant Lawsuit!
Why? Because OSHA applies to your restaurant Lawsuit!
OSHA guidelines play a significant role in almost every kind of restaurant industry incident as it pertains to safety, health, and security, not just those involving employees, but all incidents that occur on the restaurant premises where there are employees, customers, vendors, or other individuals.
This special circumstance is referred to as common areas and shared space. To be clear, the areas used by customers to sit, walk, stand, eat, drink, or use otherwise (such as, but not limited to, dining areas, restrooms, reception areas, drive-thru windows, etc.) are indeed the same areas referred to as the workspace or the workplace of the restaurant employees. Therefore, these areas are common areas and shared space.
How OSHA Defines Restaurants
Restaurants fall under the Major Group #58, as classified by the U.S. Department of Labor, further classified as Industry Group 581: Eating and Drinking Places:
5812: Eating Places (OSHA.gov, 2023): “Establishments primarily engaged in the retail sale of prepared food and drinks for on-premise or immediate consumption. Caterers and industrial and institutional food service establishments are also included in this industry.”
5813: Drinking Places (Alcoholic Beverages) (OSHA.gov, 2023): “Establishments primarily engaged in the retail sale of alcoholic drinks, such as beer, ale, wine, and liquor, for consumption on the premises. The sale of food frequently accounts for a substantial portion of the receipts of these establishments.”
Restaurant owners, operators, and employers have a legal responsibility under the Federal Law of the OSH Act in the restaurant industry to provide a safe, healthy, and secure workplace for all of its employees.
If you have a pending lawsuit that pertains to a restaurant or bar industry legal matter, you need to know what “shared space” is, and how it applies to your underlying legal matter, and the role that OSHA guidelines, codes and safety rules will have. Shared space is an industry specific formula and will impact the standards that you apply and could be the difference between winning or losing your case.
Shared space is one special circumstance that is rather unique and significant to the restaurant industry (for the most part, like none other).
OSHA Is Applicable to Nearly All Restaurant Incidents
OSHA guidelines play a significant role in almost every kind of restaurant industry incident as it pertains to safety, health, and security—not just those involving employees, but all incidents that occur on the restaurant premises where an employee, customer, vendor, or other individual has been injured, harmed, sickened, maimed, or killed. This special circumstance is referred to as common areas and shared space.
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