Restaurant Expert Witness Blog

Restaurant Risk Assessment — It’s No Accident

Restaurant Risk Assessment -- It's No Accident by Restaurant Expert Witness - Howard Cannon
“Restaurant Risk Assessment – It’s No Accident,” an excerpt from Restaurant OSHA Safety and Security: The Book of Restaurant Industry Standards and Best Practices

Restaurant Risk Assessment — It’s No Accident

Excerpt from Restaurant OSHA Safety and Security: The Book of Restaurant Industry Standards and Best Practices

Restaurant owners and employers have a legal duty to control the risk of harm or injury to anyone who enters the premises of their business. To fulfill this obligation, it is necessary to consider what hazards or dangerous conditions might cause harm or injury to employees, customers, vendors or others. Then it must be decided whether all reasonable and customary steps are being taken to prevent those incidents from occurring — or if more needs to be done.

This process is known as risk assessment, and it is critical to managing the safety, health, and security of a restaurant’s customers, employees and vendors alike.

There is a Scientific Method for Risk Assessment

A risk assessment is the initial step of a systematic method to control potential risks. First, by identifying potential hazards in your restaurant (i.e., existing activities, behaviors, systems, processes and/or conditions that could cause potential harm or injury to persons). Second, by analyzing or evaluating the risk(s) associated with each hazard (taking into consideration the potential for and the severity of harm or injury), and, finally, by deciding on what measures, if any, should be implemented to remove, limit, or control the hazard(s) in order to avoid injury or harm from occurring in the first place. In much simpler terms, you must take every reasonable action to remove potential danger for bodily harm or injury in your restaurant.

The Scientific Formula of Risk

In the balancing of risks to establish a reasonable person’s standard of ordinary care, the rule has been established that: “The probability of the harm potentially caused (P) must be balanced along with the gravity of harm which could result (G), against the burden of conforming to a new and less dangerous course of action (B) along with the utility of maintaining the same course of action as it was (U).

In shorthand: P + G v. B + U.

In simpler terms, it is the process of determining the likelihood (P) that harm and/or injury of any kind will occur from a current situation in your restaurant and then determining whether to make adjustments to eliminate or remove the situation (B) based on the severity of the harm and/or injury (G) that may occur, opposed to leaving the situation as it is (U).

Why is this important to know? Because, if someone gets injured or worse on your premises or under your watch, the lawyers, the experts, and the judges will most likely consider this formula, or something similar, to determine if you and your employees fulfilled your obligations to assess and remove dangerous conditions and hazards to a level that would meet industry standard.

Steps of a Scientific Method for Restaurant Risk Assessment:

1. Ask the question: “Is it safe?”

2. Use your knowledge, skills, experience, and common sense – do research, if necessary.

3. Ask yourself: “If ________ (activity, behavior, condition, system, process, etc.) is left as it is, what could happen? Could someone get injured?”

4. Analyze your compiled information/data and reach a conclusion.

5. Finally, take the necessary steps to communicate your results and implement the appropriate measures to eliminate any potential hazards

It’s as simple as this: if you don’t assess your restaurant in its entirety for possible dangerous conditions and hazards, then you are putting yourself, your employees, your customers, and your vendors at risk. Restaurant owners and employers must take the necessary and reasonable steps to minimize or eliminate potentially dangerous conditions and hazards, and must make sure that they have created and implemented the operating systems, policies, and procedures that would most likely and reasonably ensure safety, health, and security for all.

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? Want to know more about Restaurant Risk Assessment? 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/

Full Service Restaurant Magazine Features Howard Cannon in Catering Article

Howard Cannon - Restaurant Expert

“Everything You Need to Know About Catering. Ever.”

Full Service Restaurant Magazine Features Howard Cannon

Full Service Restaurant Magazine featured Howard Cannon in a recent article titled, “The Essential Guide to Successful Restaurant Catering.” The magazine touted the article as including, “Everything you need to know about catering. Ever.” Check out the link above to read Howard’s explanation of the risks and benefits a restaurant business can encounter when providing customers with the option of off-premises catering services.

The benefits are numerous and include such perks as lower overhead and significantly higher profit margins. First-hand accounts and tips from restaurateurs like Chef Amy Brandwein and gourmet food shop owner Sandy Korem, who decided to try catering and excelled, are also included in the article.

If a restaurant doesn’t already have its act together when it comes to on-site operations, customer service and food safety regulations, catering can be a risky business. Cannon cautions, “If you’re not great at hospitality, quality, service, cleanliness, and accuracy in your restaurant, I would not go off-site.” He continues to advise that, when considering the prospect of expanding to offer catering, restaurant owners and managers should consider that, “If you under-deliver, clients and guests never forget.”

Check out the article on FSR’s Food Newsfeed for more tips and insights into what it takes to run a successful catering operation. And be sure to have a look at Howard’s Bio for more information about America’s most sought-after Restaurant Expert Witness!

Write a Book Review & Be Entered to Win a Cruise for Two!

Write a Book Review of Restaurant OSHA Safety & Security

& Be Entered to Win an All-Expenses Paid Cruise for Two!

Restaurant OSHA Safety and Security: The Book of Restaurant Industry Standards and Best Practices is the newest book from Restaurant Expert Witness – Howard Cannon and we want you to write a book review! Every person who writes a review of Restaurant OSHA Safety and Security: The Book of Restaurant Industry Standards and Best Practices will be automatically entered into a drawing for an all-expenses paid cruise for two that is sure to leave you soaking up the sun and relishing in the feeling of the sand between your toes. So take some time to read Mr. Cannon’s newest book and you might find yourself reading a book on the deck of a cruise ship surrounded by beautiful blue salt water. If you’re ready to take a step towards possibly finding yourself on a tropical beach somewhere, contact us about writing a review! You can Email or message us on Facebook and we will get you started.

Write a Book Review

 

For more information on 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: 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.