Restaurant Expert Witness Blog

Restaurant Expert Witness: Drunk Driving

Restaurant Expert Witness – Howard Cannon

Drunk Driving & The Hospitality Industry

Drunk Driving

The state of Utah wants to make tougher DUI laws to provide their officers with new approaches and more tools for spotting people who are drunk. The hospitality industry in Utah is arguing that this move will punish restaurants and bars in the state. Apparently hospitality industry leaders in Utah do not realize the number of people that are killed in drunk driving incidents. Did you know that drunk driving is punishable by life in prison in some countries? Actually, in El Salvador, drunk drivers are killed by a firing squad and in Bulgaria, a second offense results in execution. Ensure that you teach all employees in your restaurant what it means to take personal responsibility as it comes to alcohol by reiterating things such as:

  • Don’t let your friends drive drunk. Take their keys away if you must.
  • Pay attention to your surroundings. They don’t have to be friends for you to be concerned; you can also try to keep a complete stranger from driving after drinking.
  • Before going out, choose a designated driver – someone who will not be drinking alcohol.
  • Call a friend, relative, or taxi to pick you up if you’ve been drinking.

Needless to say, alcohol consumption is a very serious subject and in many cases has very serious repercussions. Sharing this information and reminding them of the importance of responsible alcohol service and consumption could make a huge difference.

You can find more information about responsible alcohol service and more from Restaurant OSHA Safety and Security. You can purchase a copy of the book and download a free sample HERE. To find out more information about Howard Cannon and the expert witness services he provides, click HERE. If you have a media inquiry for Restaurant Expert Witness – Howard Cannon, visit our Media Page HERE.

Restaurant Expert Witness: How Many People Die Per Day in Restaurants?

Restaurant Expert Witness Answers the Question:

How Many People Die Per Day in Restaurants?

Each day, the United States is faced with a barrage of shocking news stories. Restaurant Expert Witness – Howard Cannon deals with these shocking stories on a daily basis. Mr. Cannon’s expertise is, of course, related to these events when they are related to the hospitality industry. Maybe you didn’t even realize that you needed to ask the question: “How many people die per day in restaurants,” but the answer to the question might shock you. In America’s restaurants, roughly eight people lose their lives each day. Now multiply that times 365 days per year and what do you get? Too many. We know it’s a shocking statistic, but we see it every day. This is the reason behind Restaurant OSHA Safety and Security and our desire to make America’s restaurants safe for employees, customers, vendors, and everyone who sets foot in the door of a restaurant or bar in the United States.

How Many People Die Per Day in Restaurants

For more information on how OSHA applies to restaurants and bars and what you can do to help make your restaurant or bar safe for employees, customers, vendors, and anyone else who walks onto the premises, or to purchase a book or download a free sample of Restaurant OSHA Safety and Security, visit RestaurantOSHA.com. If you would like to know more about Restaurant Expert Witness – Howard Cannon and the expert witness services he provides, please visit RestaurantExpertWitness.com.

Restaurant Expert Witness Discusses: OSHA & The Extension of the Workplace

Restaurant Expert Witness

OSHA and The Extension of the Workplace

The Extension of the Workplace

The OSHA definition of workplace or work environment is primarily composed of: (1) The employer’s premises and (2) other locations where employees are engaged in work-related activities or are present as a condition of their employment. The employer’s premises encompass the total establishment.

·        The employee’s normal commute to and from work is not considered work-related activity.

·        For recordkeeping purposes, company parking lots are part of the employer’s premises and therefore part of the establishment.

OSHA has clearly established that a restaurant employer has a duty to provide a safe, healthy, and secure working environment and, at times, that also extends beyond the four walls of the restaurant building. Wherever an employer sends restaurant employees to do work, it must be made as safe as reasonably possible – even if the work is taking place away from the restaurant establishment’s premises. Two classic examples of this include: 1). A pizza delivery driver, and, 2) a member of the kitchen staff running to the market to pick up fresh fish. With that said, yes, an employee’s own vehicle used for delivery driving or to pick up goods can be deemed to be a piece of work-related equipment; and, therefore, it too must be maintained in a manner that would be considered reasonably and customarily safe, healthy, and secure for the employee to use for work on behalf of the employer.

For more information on how OSHA applies to restaurants and bars, visit RestaurantOSHA.com. If you would like to know more about Restaurant Expert Witness – Howard Cannon and the expert witness services he provides, please visit RestaurantExpertWitness.com.

Restaurant Expert Witness: Slip and Fall Prevention

Restaurant Expert Witness

Slip and Fall Prevention

Slip and Fall Prevention

Nearly 11,000 slip and falls occur each day in America’s restaurants; that’s around 4 million each year. These slip and fall incidents cost the hospitality industry over $2 billion each year and these injuries are increasing at a rate of about ten percent annually. Most of these slip, trip, and fall incidents could be avoided. What are you doing in your restaurant in regards to slip and fall prevention?

Slips, trips, and falls can happen in the dining room, kitchen, buffet area, parking lot, entryway, restrooms, stairways – anywhere on the premises. Many times they happen while employees are working around ice bins where ice can easily fall onto the floor forming puddles; working in busy, congested areas; walking or running on slippery or uneven floor surfaces; carrying dishes around blind corners or stairs; and using single door entry to and from the kitchen area. Slips, trips, and falls are often a result of failing to follow proper floor cleaning procedures, such as not following instructions on cleaning product labels, using the wrong cleaning agent for the flooring surface, not properly rinsing the cleaning product after scrubbing, using dirty or insufficiently maintained equipment and tools, not posting proper warning signs, or failing to schedule cleaning in a timely fashion.

A great number of these slip, trip, and fall incidents are preventable by restaurant management keeping safety top-of-mind and a major priority. Management must create a safer and healthier environment for all employees and guests by developing, implementing, maintaining, and providing ongoing training of an industry standard slip and fall protection program (written operating policies, practices, and procedures). It is Restaurant OSHA Safety and Security and restaurant industry standard for management to not only develop and implement a slip and fall protection program, but also to commit to providing ongoing training of the program to employees, and further, to evaluate the program on a regular basis to ensure the program’s effectiveness and determine whether the program needs to be changed, revised, or updated in some way to make it more effective.

Want to learn more about Restaurant Expert Witness, Howard Cannon, and the expert services he provides? Do you have a slip and fall case that occurred at a restaurant or bar? Howard Cannon and his highly sought after expertise could be the factor that secures a victory in your case. To find out more about Howard Cannon and what makes him an expert in the restaurant and bar industry, click here:  Howard Cannon, Restaurant Expert Witness – Bio;  Visit:  www.RestaurantExpertWitness.com;  call: 800.300.5764  or  Email

Be sure to check out our Media Page:  https://restaurantexpertwitness.com/media-inquiries-restaurant-expert-witness-tv-radio-print-publications/

Restaurant Expert Witness Howard Cannon :: Things We Shouldn’t Have to Tell People

 

Things We Shouldn't Have To Tell People

 

 

 

 

 

 

 

Restaurant Expert Witness – Howard Cannon

& Those Things We Shouldn’t Have To Tell People

“Please do not bring food into the restroom.” That is definitely something that we should not have to tell people, but apparently we do. Recently, a person when injured after slipping and falling in a restroom at a buffet style restaurant. What caused the slip? Food. How did the food get in the restroom? Well, because the patron carried it into the restroom.

For some reason, this particular patron thought it would be a good idea to carry their overfilled plate of food from the buffet into the restroom with them when nature called. Because the plate was so full and because the activities going on in the restroom are not conducive to carrying a plate of food, the patron spilled some of the food on the floor. When their feet met the food on the restroom floor, a slip and fall occurred that resulted in injuries to the patron.

Now, while the injuries are unfortunate, this is really something that could have been easily avoided. We shouldn’t have to tell people that their food doesn’t belong in the restroom, but apparently we do. So here’s your next sign for the restroom door: “Please do not bring food into the restroom.”

Want to learn more about Restaurant Expert Witness, Howard Cannon, and the expert services he provides? Do you have a slip and fall case that occurred at a restaurant or bar? Howard Cannon and his highly sought after expertise could be the factor that secures a victory in your case. To find out more about Howard Cannon and what makes him an expert in the restaurant and bar industry, click here:  Howard Cannon, Restaurant Expert Witness – Bio;  Visit:  www.RestaurantExpertWitness.com;  call: 800.300.5764  or  Email

Be sure to check out our Media Page:  https://restaurantexpertwitness.com/media-inquiries-restaurant-expert-witness-tv-radio-print-publications/

Restaurant Expert Witness Recognizes National Be Kind to Lawyers Day

National Be Kind To Lawyers Day

Restaurant Expert Witness Recognizes National Be Kind to Lawyers Day

National Be Kind to Lawyers Day lands on the second Tuesday of April each year and Restaurant Expert Witness – Howard Cannon wants to take a moment to recognize the day and make you aware of the day and remind you to be kind to any lawyers that you meet today. At Restaurant Expert Witness, we speak with countless lawyers and have worked with them on more than 160 cases. The odds that you will encounter an attorney today are pretty high, so make sure that when you do, you remember to extend a little kindness their way. Have you hugged a lawyer today?

National Be Kind to Lawyers Day

If you are an attorney with a restaurant or bar matter, an expert witness could be the key to winning your case. Check out Restaurant OSHA Safety and Security, and visit Restaurant Expert Witness to learn more about Howard Cannon and his restaurant and bar expert witness services. If you are an attorney interested in reviewing a copy of Restaurant OSHA Safety and Security, please comment below or send us a message.

 

Restaurant Expert Witness Howard Cannon Discusses “The General Duty Clause”

The General Duty Clause

The General Duty Clause

Restaurant Expert Witness Howard Cannon Discusses How it Impacts the Restaurant and Bar Industry

We all have duties and responsibilities, but did you know that the term duty is actually a legal term and virtually every restaurant employer and employee is required by law to comply with OSHA’s General Duty Clause? It is not an option. This Clause plays a significant role in the safety and health of all industries, including the restaurant industry.

As restaurant owners, managers, executives, and employers, we must begin by understanding, abiding by, and complying with OSHA’s General Duty Clause if we would like to remain open for business. Under the General Duty Clause of the OSH Act of 1970, it states;

“SEC. 5. Duties, (a): Each employer-

(1)  shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees (2)  shall comply with occupational safety and health standards promulgated under this Act.”29 USC 654

Surely, we can all agree that regardless of where it exists or what industry it falls within, the workplace should always be as safe, healthy, and secure as reasonably and humanly possible. In fact, creating and maintaining an environment that is anything to the contrary would be ill-advised and inherently dangerous. OSHA and the General Duty Clause of OSHA are about so much more than merely providing safe working conditions for working people – especially as it applies to an industry like ours where the customers we serve and the vendors we do business with and countless others share the same space that is used by the restaurant employees while they are performing their job duties. OSHA is about providing safe, healthy, and secure premises and safe, healthy, and secure conditions for people – all people who enter the worksite or workspace where and while employees are working.

Just because a particular hazard or dangerous condition is not specifically referenced in an OSHA Standard does not mean that an employer is not legally required to implement an industry standard or a site-specific standard (or even just plain old common sense) in order to remove a hazard or a dangerous condition in which someone could become injured, harmed, sickened, maimed, or killed. In fact, it is quite to the contrary. If a hazard or dangerous condition exists, it must be blocked off, eliminated, reduced, or removed by restaurant management immediately.

For more information about restaurant industry standard and how The General Duty Clause applies to and affects restaurants, check out Restaurant OSHA Safety and Security, and visit Restaurant Expert Witness to learn more about Howard Cannon and his restaurant and bar expert witness services. If you are an attorney interested in reviewing a copy of Restaurant OSHA Safety and Security, please comment below or send us a message.

We Need Safe Restaurants

Restaurant OSHA Safety and Security

We Needs Safe Restaurants

According to Restaurant Expert Witness Howard Cannon, the Restaurant Industry is America’s most important industry. Think about it; many of our most important happenings occur in restaurants. When you take that and add it to the fact that there are more than 14 million restaurant employees and the effect that restaurants have on local economies, there is no denying that “significant” is an understatement when it comes to describing restaurants.

The problem is that millions of injuries are also occurring in these restaurants. Almost 11,000 slips, trips, and falls happen in American’s restaurants per day; that’s over four million per year. Eight people die from food-borne illness every day in America and 68% of those cases come from eating in restaurants; that’s 3,000 deaths from food-borne illness per year. 33% of all EEOC sexual harassment claims come from the restaurant industry. 42 states have dram shop/alcohol server liability laws placing the onus and responsibility on bartenders, servers, managers, and owners to recognize visibile intoxication and 20% of binge drinkers drive drunk after leaving restaurants and bars. These numbers go on and on and on. When does it end?

Restaurant Expert Witness Howard Cannon’s hope in writing Restaurant OSHA Safety and Security is that restaurants will not only become aware of their legal, ethical, and moral obligations to provide a safe, healthy, and secure workplace, but that they will see the many benefits of going above and beyond the minimum requirements. Everyone wants to make money, but cutting corners with safety is not the way to do that. In fact, this is the death of many restaurants and unfortunately, the death many people. It only takes one incident occurring in your restaurant to drain your life savings and kill your business and possibly the people in it.

People spend a good portion of their lives in restaurants. Celebrations, engagements, birthday parties, reunions; all of these events and more take place in restaurants across America over and over again every single day. Restaurants are the original social media. We need safe restaurants.

Find out more about Restaurant OSHA Safety and Security or purchase a copy of the book by visiting RestaurantExpertwitness.com or RestaurantOSHA.com.

 

Hazards in Restaurants

We Need Safe Restaurants

Common Hazards in Restaurants

Somewhere between 4 to 10 people will die today in restaurants. This will be repeated again tomorrow and the day after that and so on and so on. Before this calendar year is out, thousands will be dead; literally tens of thousands will be severely injured, harmed, and maimed; and millions more (over 30 million, in fact – that’s well over 90,000 people a day) will become ill or sickened from ingesting restaurant foods and beverages that were either toxic and unsafe for human consumption or intentionally contaminated.

What is going on in America’s restaurants?

Well, the best answer we can give you is this: The restaurant industry – the industry that we dearly love and have spent our entire careers working in – is covered up with incompetence and management neglect. Many of those placed in charge of restaurant premises and restaurant employees lack dangerous condition awareness, safety and security training, and basic day-to-day operational education. This perfect storm can work together to create hazards in America’s restaurants.

Some contributing factors to hazards in restaurants may include, among others, the following:

  • Working at too fast a pace
  • Using machinery or tools without proper training or authority
  • Inadequate staffing
  • Stress
  • Fatigue
  • Unsafe and improper personal hygiene
  • Confusing policies and procedures
  • Lack of management oversight and involvement
  • Lack of training
  • Poor communication

These are only a few of the possible contributing factors, but ultimately, all of them can be avoided or lessened for much less than the cost of someone being sickened, harmed, injured, maimed, or killed in a restaurant. You can find out more about restaurant industry standards and best practices and the responsibilities of restaurants under OSHA guidelines in Restaurant OSHA Safety and Security ©2016 or by visiting RestaurantOSHA.com.

To find out more about Restaurant Expert Witness, Howard Cannon – America’s most sought after expert witness in restaurant and bar matters, visit RestaurantExpertWitness.com

Restaurant Expert Witness Dram Shop Laws and Responsible Alcohol Service

Serving Alcohol Safely

Restaurant Expert Witness Dram Shop Laws and Responsible Alcohol Service

The sale of alcohol for many restaurants and, of course, bars, represents a significant portion of their revenue. However, along with the privilege of serving alcohol comes the burden of managing, serving, and distribution of alcohol safely and responsibly, as well as the liabilities associated with it if you do not. Failure to manage alcohol safely and responsibly could cause someone to be severely injured or killed and could result in fines, imprisonment, losing your liquor license, increased insurance premiums, and even losing your business or livelihood.
Dram shop laws date back as far as the 18th and 19th centuries; and, practically every US state currently has a dram shop law in effect of some kind, even though they may not call it or actually consider it to be “dram shop.” Generally speaking, dram shop laws are used to help determine liability, if any, of establishments that knowingly (allegedly) serve alcohol to “visibly” or “obviously” intoxicated persons or minors who subsequently cause death or injury to a third party – most commonly this is associated with alcohol-related car crashes, but can also include many other types of incidents as well. If liability can be proved (that the establishment knew or should have known that the customer was intoxicated), the majority of states allow for recovery. That being said, what many people may not realize is that the term “establishment” does not only refer to the bar or restaurant where the alcohol was consumed, but also to the server, bartender, waiter, owner, and/or manager – all who may personally be held administratively, civilly, and/or criminally liable, as well.
So how does someone know if a person is intoxicated? There are three methods commonly used to determine – or to attempt to determine – alcohol intoxication levels: blood alcohol concentration (BAC), counting drinks, and visual signs of intoxication. However, determining whether a person is visibly intoxicated is not as easy as people may think because of many factors that come into play such as alcohol tolerance levels and behavior mimicry.
Though it is difficult to determine an individual’s intoxication levels, there are some steps and best practices to prevent intoxication and promote responsible alcohol service. It is Restaurant OSHA Safety and Security and restaurant industry standard to: develop policies and procedures that include all applicable laws and ordinances; train employees practices, policies, and procedures for serving alcohol and methods of serving alcohol responsibly along with any state required training; conducting valid identification checks; training employees to recognize signs of intoxication; training servers on how to keep track of the number of drinks consumed by each patron and the amount of time in which they are consumed; providing servers with standard drink equivalents; training servers to keep water glasses full; having servers take time to communicate with patrons; and, training employees not to over-pour. Restaurants should also ensure that their alcohol-serving policy includes the steps to be taken in the event an incident should occur and these steps should be provided in writing and trained to all employees.
Needless to say, alcohol consumption is a very serious subject and, in many cases, has very serious repercussions. For more information about restaurant industry standard for safe alcohol service and other requirements for restaurants under OSHA, check out Restaurant OSHA Safety and Security, and visit Restaurant Expert Witness to learn more about Howard Cannon and his restaurant and bar expert witness services.
If you are an attorney interested in reviewing a copy of Restaurant OSHA Safety and Security, please send us an Email.