Hospitality Law

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© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved

Chapter 14 Safety and Security Issues

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© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved

Security and Safety Issues

 The Importance of a Protected Environment

 Safety and Security Programs: Four-Step Safety and Security Management Method

 Crimes Against Hospitality Businesses  Crisis Management Programs

© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved

In This Chapter, You Will Learn:

1. To recognize the responsibility hospitality managers have to protect the safety and security of guests and employees in hospitality operations.

2. To carry out the procedures needed to limit the potential liability of safety risks and security risks.

3. To minimize the risk of crimes against your own business operation.

4. To recognize the need for and benefit of implementing an effective crisis management plan.

© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved

The Importance of a Protected Environment

 Legalese:

Safety Programs – Those procedures and activities designed to insure the physical protection and good health of guests and employees.

© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved

Analyze the Situation 14.1 Mr. and Mrs. Angelo were frequent diners at the Buffet

World restaurant, a moderately priced operation that featured an all-you-can-eat lunch and dinner buffet. Jessie Carroll was the manager of the restaurant.

On a busy Sunday, Mr. and Mrs. Angelo entered the restaurant, paid for their meal, and were directed to their table by the dining room greeter. As Mrs. Angelo sat down, the wooden dining room chair snapped under her weight. Her neck was injured as she fell on the restaurant's tile floor.

© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved

Analyze the Situation 14.1

The Angelos sued Buffet World, charging negligence in the operation of the restaurant. Their attorney argued that the normal wear and tear of chairs was a foreseeable event, and thus an inspection program should have been in place. No such program could be shown by the restaurant to have existed.

© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved

Analyze the Situation 14.1 The attorney for the restaurant countered

that Mrs. Angelo was “larger” than the average guest, and therefore Buffet World could not have foreseen that she would be seated in a chair that was not capable of holding her weight. The restaurant's attorney also noted that Buffet World had never experienced a problem like this before.

© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved

Analyze the Situation 14.1

1. Is Mrs. Angelo's actual weight a relevant issue in her case against the restaurant?

2. What evidence could the restaurant have provided to its attorney to demonstrate reasonable care in the inspection of its dining room furniture?

3. If it were independently owned, who would be responsible for designing and implementing an effective furniture inspection program for Buffet World?

© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved

The Importance of a Protected Environment

 Legalese:

Crisis – An occurrence that holds the potential to jeopardize the health of individuals and or the business.

© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved

Crisis Management  Active shooters  Human trafficking  Power outages  Vandalism  Arson / fire  Bomb threats  Robbery  Looting  Hurricanes  Tornados  Earthquakes  Floods  Snow and Ice

 Accident / injury  Drug overdose  Medical emergency  Rescue breathing /

cardiopulmonary resuscitation (CPR)

 Death / suicide  Intense media scrutiny  Adversarial governmental agency

investigation  Civil disturbance

© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved

Analyze the Situation 14.2 Wayne Dobinion was the district

manager for a franchised quick- service Mexican-style restaurant in a large city. On a Friday night at 11:30 P.M., just after the restaurant locked its front doors to the general public, three masked men entered the store through the unlocked back kitchen door. They demanded that the 19- year old assistant manager on duty at the time turn over all the restaurant's cash.

© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved

Analyze the Situation 14.2 Nervously, the assistant manager explained that all the cash had been deposited in a safe in the manager's office and that he had no ability to open it.

Angry at their inability to rob the restaurant, the gunmen shot two of the restaurant workers, including the assistant manager, as they fled the restaurant. The assistant manager died from his wounds. The robbery and shootings made that night's local television news.

© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved

Analyze the Situation 14.2 A lawsuit filed by the assistant manager's

parents charged that the restaurant lacked proper alarms and locks on the back door. In addition, they charged that the restaurant owners and the franchise company failed to provide any training to its staff regarding the proper response to an armed robbery. The lawsuit was reported in a front-page article in the local paper.

© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved

Analyze the Situation 14.2 An investigative reporter

from another television station in the city called the restaurant's manager requesting an on-air- interview regarding the training employees receive related to robberies. The manager referred the call to Mr. Dobinion.

© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved

Analyze the Situation 14.2 1. What issues will the courts and a jury likely

consider as they evaluate the legitimacy of the parent's lawsuit?

2. What legal position might the franchisor take if it had provided training materials to the local franchisee, but never utilized those materials?

3. What is the likely outcome if Mr. Dobinion refuses to meet with the investigative reporter? What if Mr. Dobinion has not been trained to do so?

© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved

Advantages of Preplanning

1. Improved employee morale 2. Improved management image 3. Improved employee recruiting effectiveness 4. Reduced insurance rates 5. Reduced employee costs 6. Improved operating ratios

© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved

Advantages of Preplanning

7. Reduced penalty costs for violations 8. Support in the event of an accident 9. Increased guest satisfaction 10. Marketing advantages 11. Reduced likelihood of negative press

© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved

Four-Step Safety and Security Management Method

1. Recognition of threat 2. Program development (response to

threat) 3. Program implementation 4. Monitoring of program results

© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved

Recognition of Threat Areas of Safety and Security Concern

Guests  Parking lots  Guest rooms  Public areas  Dining rooms  Bars and lounges

Employees  Work site safety  Workplace violence  Worker accidents  Employee locker rooms

© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved

Recognition of Threat Areas of Safety and Security Concern

Property  Coatrooms  Guestrooms  In-room safes  Parking lots  Safety deposit boxes

Facility Assets  Cash and cash equivalents  Operating supplies  Food inventories  Beverage/mini-bar inventories  Vending income/equipment  Telephone access

© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved

Recognition of Threat Areas of Safety and Security Concern

All People and Property – Crisis Situations  Medical emergency  Criminal activity  Natural disaster  Utility outages

© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved

Program Development

1. Training for threat prevention 2. Increased surveillance and/or patrol 3. Systematic inspections 4. Modification of facilities 5. Establishing standard procedures

© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved

Significant Elements of a Hotel Security Program

 Key controls  Effective guestroom lock system  Proper and adequate training of security staff  Guestroom doors with one-way viewers and

chain/latch bars  Adequate lighting and ongoing maintenance  Perimeter controls

© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved

Significant Elements of a Hotel Security Program

 Employee background checks  Employee education  Guest safety education  Written security policies and procedures  Established responses to incidents and

corrective action  Liaison with local authorities

© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved

Analyze the Situation 14.3 The Commodore Hotel was owned by the

First Community Insurance Company and managed by Fieldstone Hospitality Management. After two separate guest assaults occurred on the hotel property, Fieldstone Management approached First Community Insurance with the idea of either installing a closed circuit video camera (CCVC) system in all hallways, or increasing the lighting levels of the hotel's corridors.

© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved

Analyze the Situation 14.3

First Community Insurance authorized Fieldstone Management to purchase a video surveillance system consisting of six cameras and a central location to view them. The events shown by the cameras were not being recorded.

Late on the evening of February 6, Mrs. Cynthia Larson checked into the Commodore and was assigned a room at the end of one of the hotel's corridors. As she attempted to insert her electronic key card into the door lock, she was assaulted.

© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved

Analyze the Situation 14.3

Mrs. Larson sued both Fieldstone Management and First Community Insurance, claiming that both companies' failure to monitor their cameras was a direct cause of her assault. In addition, she claimed that the cameras' use was deceptive, in that it gave her a false sense of security. As she stated, “The cameras showed me the hotel cared about my security, and I wanted to stay in a safe location.”

© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved

Analyze the Situation 14.3 According to timesheets

provided under subpoena by the hotel, an employee was assigned to view the cameras in the central location for an average of two hours per night between the hours of 8:00 P.M. and 6:00 A.M. The assault occurred at a time when no employee was monitoring the cameras.

© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved

Analyze the Situation 14.3 The attorney for First Community

Insurance stated that the company was merely the owner of the hotel, and not responsible for day-to-day management, thus it should not be held responsible for Mrs. Larson's injuries. Fieldstone Management maintained that it too should not be held responsible just because the cameras installed were not monitored at all times.

© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved

Analyze the Situation 14.3 The presence of the cameras themselves and electronic locks on their guestroom doors demonstrated that the company used reasonable care in the protection of its guests.

© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved

Analyze the Situation 14.3 1. Will First Community Insurance be held

partially responsible for the actions of Fieldstone Management?

2. Did Fieldstone Management use reasonable care in the installation and operation of the camera system? Would it matter if the cameras were recording?

3. What could the hotel owners do in the future to help avoid a similar situation with a guest?

© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved

Safety and Security Programs

 Legalese:

Interdiction Programs – An arrangement whereby citizens contact police to report suspected criminal activity before a crime is committed.

© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved

Program Implementation

 Safety and Security Departments  Safety and Security Guards  Safety Committees  Law Enforcement Relationships

1. Regularly scheduled meetings 2. Neighborhood business watch programs 3. Property safety and security reviews 4. Interdiction programs 5. Training programs

© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved

Establishing an Effective Guestroom Lock Policy

1. Install an electronic locking system 2. Train ALL new employees on the procedures

used to insure key security 3. Never announce guestroom numbers out loud 4. Do not allow the room number to be marked

directly on the key 5. Do not identify the hotel with the key

© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved

Establishing an Effective Guestroom Lock Policy

6. Do not reissue keys to guests without checking their IDs

7. Do not issue duplicate keys to anyone except the registered guest

8. Minimize the number of master keys 9. Keep a log of all existing masters and

submasters keys 10. Train all managers on duty (MODs) on

the procedures to conduct a lock audit. Record the results of any audits performed

© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved

Monitoring Program Results  Number of inspections performed  Inspection or quality scores  Number of incidents reported  Dollar amount of losses sustained  Number of insurance claims filed  Number of lawsuits filed  Number of serious or minor accidents  Number of lost workdays by employees  Insurance premium increases  Number of drills or training exercises correctly

performed

© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved

Analyze the Situation 14.4 Peggi Shulkey managed a commissary

for a large cafeteria company. Her facility prepared food products for 75 company restaurants. While her operation did not have a tremendous number of work- related accidents, Ms. Shulkey believed the number of those that did occur could be reduced.

© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved

Analyze the Situation 14.4 To that end, she formed a

safety committee made up of employees and management, and charged them with the task of developing a model program to reduce employee injuries. The committee proposed the six-step plan presented below along with their rationale for each step.

© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved

Analyze the Situation 14.4

1. Proper selection of employees. Since an employee with a drug problem is dangerous, applicants should be required to take a drug test before being hired. The applicant must also execute a continuous authorization for drug testing, which permits the employer to administer a drug test in the event of an accident.

© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved

Analyze the Situation 14.4

2. Designation of a Safety/Injury Coordinator. The safety/injury coordinator will review past accident records and implement programs to reduce situations that may result in accidents. The safety coordinator will maintain a logbook of incidents so each department supervisor can review for incident trends.

© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved

Analyze the Situation 14.4

3. Implementation of mandatory safety training. Each employee will be trained in safety related to his or her job.

4. Increased awareness of safety. By implementing programs, games, and posters, employees will be reminded to think intelligently and safely.

© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved

Analyze the Situation 14.4 5. Implementation of incentive programs

for safety. To further encourage safety, rewards and incentives will be given to employees who practice safe behavior.

6. Measurement of results. To be determined by the general manager.

© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved

Analyze the Situation 14.4

1. What specific measurements might Ms. Shulkey use to gauge the effectiveness of the group's plan?

2. How effective is training likely to be in reducing employee injuries?

3. Analyze the committee's plan for thoroughness. Are there potential liabilities that still need to be addressed?

© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved

Analyze the Situation 14.5

Karin Pelley was employed as a district manager by Ron's Roast Beef, a regional chain of 150 quick-service restaurants serving sandwiches, soups, and soft drinks. Most of the stores were located in shopping mall food courts or strip malls. Ms. Pelley worked out of her home office, traveling to visit her 12 assigned stores on a regular basis.

© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved

Analyze the Situation 14.5 Ms. Pelley communicated with the corporate

office via telephone, and e-mailing through a wireless system in her home using a modem, all of which were installed in her home by Advance Technology, a telecommunications company selected by Ron's Roast Beef to supply telecommunications equipment and services to its employees. As part of its contract with Ron's Roast Beef, Advance Technology serviced the machines used by Ms. Pelley in her daily work.

© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved

Analyze the Situation 14.5 When Ms. Pelley's modem stopped working

one day, she contacted her home office, which then called Advance Technology to request that a Service Technician be dispatched to Ms. Pelley's home. The technician arrived, but in the course of his visit assaulted Ms. Pelley. The technician was later apprehended by the police and convicted of felony assault, his third such conviction in three years.

© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved

Analyze the Situation 14.5 Ms. Pelley sued Advance Technology

claiming negligent hiring. In addition, her attorney submitted a demand letter to Ron's Roast Beef, requesting a $400,000 settlement from the company for negligence in contracting its telecommunications services from Advance Technology. The attorney for Ron's Roast Beef refused to pay the claim stating that:

© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved

Analyze the Situation 14.5

 Ron's had no control over the hiring practices of Advance Technology.

 Ms. Pelley was prohibited by law from pursuing any injury claim against her employer other than workers' compensation, because the assault occurred in Ms. Pelley's “office.”

© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved

Analyze the Situation 14.5 1. What responsibility did Ron's Roast Beef have

for providing a safe home working environment for Ms. Pelley?

2. Will Ron's Roast Beef be held liable for the damages suffered by Ms. Pelley? Will Advance Technology be held liable?

3. What should Ron's do in the future to avoid potential liability in situations such as this?

© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved

Crimes Against Hospitality Businesses

 Consumer Theft of Services  Fraudulent Payment

 Credit cards  Cash  Personal checks

 Internal Theft of Assets  Embezzlement  Theft of company property

© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved

Crimes Against Hospitality Businesses

 Legalese: Bond(ing) – An insurance agreement in

which the insurer guarantees payment to an employer in the event of financial loss caused by the actions of a specific employee.

© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved

Human Trafficking Sex Trafficking:  Pays for room in cash or with pre-paid

card  Extended stay with few possessions  Requests room overlooking parking lot  Presence of excessive drugs, alcohol, sex

paraphernalia  Excessive foot traffic in/out of hotel room  Frequently requests new linens, towels,

and restocking of fridge  Exhibits fearful, anxious, or submissive

behavior  Dresses inappropriately given the climate

© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved

Human Trafficking Sex and Labor Trafficking:

 No control of money, cell phone, or ID  Restricted or controlled communications  No knowledge of current or past whereabouts  Signs of poor hygiene, malnourishment, or fatigue  No freedom of movement, constantly monitored

“As an industry, we recognize that hotels can play an important role in fighting human trafficking networks which often rely on legitimate businesses, including hotels, to sustain their illegal operations and infrastructure.” – Katherine Lugar, AH&LA president & CEO

© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved

Human Trafficking

Labor Trafficking:

 Prevented from taking adequate breaks  Doing different work than was contracted  Living and working on-site  Forced to meet daily quotas  Forced to turn over wages  Exorbitant fees deducted from paychecks  Not paid directly

© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved

Search the Web 14.1  Go online to www.gozoe.org  Click on LEARN  Click on What is Human Trafficking?  Describe what human trafficking is in today’s world.  How big is this problem in the world? In the U.S.?  What are the U.S. government’s efforts to end human

trafficking?  What government agency oversees the efforts?  What can hotels do to help limit human trafficking in

hotels?

© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved

Crisis Management Programs

 Legalese: Emergency Plan – A procedure or series

of procedures implemented in response to a crisis.

© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved

Crisis Management Programs

 Legalese:

Post-Traumatic Stress Disorder – A severe reaction to an event that threatened an individual’s physical or emotional health.

© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved

Crisis Management Programs

 Legalese:

Off the record – An oral agreement between a reporter and an interviewee wherein the reporter promises not to quote the interviewee’s comments for publication.

© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved

Crisis Management Programs

 Legalese:

Press Release – An announcement made by an organization or individual distributed for use by the media.

© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved

Crisis Management Programs

 Precrisis Planning  Emergency Plan Development  Emergency Plan Practice  Crisis Response

 Management Response  Staff Response  Guest Response

 Media Relations  Postcrisis Assessment

© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved

Media Relations

 Legalese:

Press Release – An announcement made by an organization or individual distributed for use by the media.

© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved

Media Relations Guidelines for Dealing with the Media during a Crisis

Do Not

• Allow any media inside your property during a crisis. • Speculate on what happened or why it happened. • Ever release the names of victims; respect their privacy. • Ever speak off the record. There is no such thing. • Provide lurid or graphic descriptions of what happened.

© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved

Media Relations Guidelines for Dealing with the Media during a Crisis

Do Not

• Ever reply to a question with “no comment.” If you truly cannot comment, give the honest reason why you cannot. Legitimate reasons not to respond to a specific question include:

a. Pending legal investigation b. Incomplete information c. Responsibility to respond falls to another (give that person’s name)

• Speak in hotel jargon (e.g., back of the house, 86).

© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved

Media Relations Guidelines for Dealing with the Media during a Crisis

Do Not

• Be sarcastic or use humor. • Speak to the media without first preparing a written statement. • Lie about what happened. • Allow members of the press to tour your property unescorted. • Estimate the monetary value of the loss. • Ask to review the reporter’s notes. • Allow reporters to bully you. • Disparage the competition of your hotel.

© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved

Media Relations Guidelines for Dealing with the Media during a Crisis

Do

• Emphasize the company’s concern for the safety of guests and employees. This should be the first thing said to the media.

• Remember that your primary responsibility to the media during a crisis is to provide factual information and to express genuine concern for any crisis victims. But you also have an opportunity to emphasize the positives of your organization even in the face of the crisis. Mention, for example, safety and security efforts in place, training programs implemented that relate to the crisis, and your commitment to cooperate fully with all investigating authorities.

• Respond promptly to every media call.

© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved

Media Relations Guidelines for Dealing with the Media during a Crisis

Do

• Speak clearly and stick to your professional statement. • Cooperate fully with all law enforcement and government agencies. • Make sure the general manager or public relations director is

the only spokesperson. • Maintain a professional appearance and a positive attitude. • Show sympathy and care for what happened. • Introduce yourself and give your title. • Speak calmly and professionally. • Provide just the facts.

© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved

Media Relations Guidelines for Dealing with the Media during a Crisis

Do

• Inform the corporate office, insurance company, and attorney. • Temporarily suspend advertising for a period of time appropriate for

the crisis endured. • Refer to technical experts. • Give all media access to the same information. • Tell reporters you will update them with information as soon as

possible. • Update your website. • Monitor press coverage. • Keep a file on all newspaper articles and video clips.

© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved

Analyze the Situation 14.6

Irving Nash managed a 24-hour table service restaurant that specialized in breakfast items. Lendal Ketchar, a customer, arrived at the restaurant at approximately 2:00 A.M. one morning. Upon entering the restaurant, Mr. Ketchar tripped over the curb leading to the sidewalk and broke his hip. Because Mr. Ketchar was a very visible city councilman, the incident was reported in the local paper.

© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved

Analyze the Situation 14.6

Mr. Nash was interviewed extensively about the cause of the accident. He specifically mentioned to reporters that the curb had not been painted bright yellow as a warning to guests, nor were lighting levels very high at the entrance area where Mr. Ketchar fell. Mr. Nash read the interviews and shared them with his two assistant managers.

© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved

Analyze the Situation 14.6

Both suggested that the restaurant paint the curb area, install additional lighting, and inform the media that these actions were undertaken. Mr. Nash's boss vetoed this idea, however, stating that any action such as painting the curb and installing light could imply previous negligence on the part of the organization and thus could increase the organization's potential legal liability.

© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved

Analyze the Situation 14.6 1. Which factors would influence the potential liability of

Mr. Nash's restaurant for the accident? 2. Is the future liability of the restaurant greater under

the proposed action of Mr. Nash's assistant managers or his boss?

3. What effective safety and security programs could be undertaken to limit legal liability if Mr. Nash is required to follow the advice of his boss?

4. As a professional hospitality manager, is Mr. Nash ethically obligated to take action to prevent a further occurrence of this type?

© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved

What Would You Do? You are the manager of a 150-room limited

service, all-suite hotel located off the interstate highway near a large metropolitan area. Kate Roessler is your executive housekeeper. Ms. Roessler contacts you to ask you to go with her to inspect room 415, which is occupied by a guest, Mr. Barney.

© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved

What Would You Do? Ms. Roessler explains that

the guest has been checked in for 10 days, and has had a “Do Not Disturb” sign on the door for all but two of those days. She has asked you to view the room before it is cleaned, because she says she is concerned for the safety of her housekeepers in their routine cleaning tasks.

© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved

What Would You Do?

Upon entering the room, you observe several ripped plastic baggies, money wrappers, large quantities of empty fast- food containers, a scale, and a pistol holster partially hidden under a mattress. You recall that this is the same man who arrived by cab to the hotel and paid cash up front for a two-week stay.

© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved

What Would You Do? 1. Write a memo to your executive housekeeper outlining

the steps she is to take for servicing Mr. Barney’s room. 2. Assuming a drug interdiction program is in place in your

city, would you contact that program to report Mr. Barney?

3. Regardless of your decision in question 2 above, if the police asked to use the room next to that of Mr. Barney for an undercover operation, would you allow them to do so?

4. Write a memo to the chief of police stating your position in question 3, along with your rationale for the decision.

© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved

Rapid Review 1. Describe three threats to safety and three threats to

security in the hospitality organization with which you are most familiar. Explain how management currently addresses (manages) these threats.

2. Assume you are the foodservice manager of a college dormitory. You are asked to address parents regarding the impact your facility will make on the overall educational experience of their children. Compose a five-minute presentation that addresses your safety and security philosophy and its relation to the well-being and educational experience of your residents.

© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved

Rapid Review 3. Analyze the four-step safety and security management

method. Select one of the steps and prepare a three-minute presentation that could be delivered to members of your safety committee, in which you emphasize the importance of this step.

4. Assume you have implemented a safety program designed to reduce employee accidents resulting from improper lifting techniques. Identify at least three different measurable outcomes that could be used to evaluate the program's effectiveness. Explain which of these three you would use and why.

© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved

Rapid Review 5. Contact your local law

enforcement officials to determine what training programs are offered to businesses for the purpose of assisting those businesses in their safety and security efforts, specifically human trafficking training. Determine the cost, if any, of the programs, and the frequency with which they will be offered in the coming 12 months.

© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved

Rapid Review 6. The Educational Institute of the American Hotel &

Lodging Association (EI) certifies hospitality security guards. Log on to its Web site at www.ei-ahla.org and identify the methods of qualifying for the designation of Certified Lodging Security Director (CLSD). Assume your property is considering such a program for the head of your Safety and Security department. Prepare a memo for your immediate supervisor detailing the advantages and disadvantages of using the EI program, as opposed to one you would develop yourself.

© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved

Rapid Review

7. Assume that a bomb threat has forced you to evacuate your restaurant. The police have arrived; no one has been hurt, but the press is at your property. Create an outline of a one-page press release that would address the items about which the media would be most interested in learning.

© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved

Rapid Review 8. An employee who burned himself while working

did not seek medical treatment. The employee missed five days of work, then later filed, and won, a workers' compensation claim, because the burn became infected. Draft a memo outlining the criteria your managers should use in the future for determining which employee accidents will result in mandatory medical treatment.

© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved

Think about this on your way out...

You are the manager of a popular chain bar and grill. One busy night, you are in the front of the house helping the new hostess with the wait list. Two men in masks arrive and barrel through the front door, guns drawn and start shooting at the bar. You quickly realize you have an active shooter situation. What should you do?

  • Chapter 14
  • Security and Safety Issues
  • In This Chapter, You Will Learn:
  • The Importance of a Protected Environment
  • Analyze the Situation 14.1
  • Analyze the Situation 14.1
  • Analyze the Situation 14.1
  • Analyze the Situation 14.1
  • The Importance of a Protected Environment
  • Crisis Management
  • Analyze the Situation 14.2
  • Analyze the Situation 14.2
  • Analyze the Situation 14.2
  • Analyze the Situation 14.2
  • Analyze the Situation 14.2
  • Advantages of Preplanning
  • Advantages of Preplanning
  • Four-Step Safety and Security Management Method
  • Recognition of Threat
  • Recognition of Threat
  • Recognition of Threat
  • Program Development
  • Significant Elements of a Hotel Security Program
  • Significant Elements of a Hotel Security Program
  • Analyze the Situation 14.3
  • Analyze the Situation 14.3
  • Analyze the Situation 14.3
  • Analyze the Situation 14.3
  • Analyze the Situation 14.3
  • Analyze the Situation 14.3
  • Analyze the Situation 14.3
  • Safety and Security Programs
  • Program Implementation
  • Establishing an Effective Guestroom Lock Policy
  • Establishing an Effective Guestroom Lock Policy
  • Monitoring Program Results
  • Analyze the Situation 14.4
  • Analyze the Situation 14.4
  • Analyze the Situation 14.4
  • Analyze the Situation 14.4
  • Analyze the Situation 14.4
  • Analyze the Situation 14.4
  • Analyze the Situation 14.4
  • Analyze the Situation 14.5
  • Analyze the Situation 14.5
  • Analyze the Situation 14.5
  • Analyze the Situation 14.5
  • Analyze the Situation 14.5
  • Analyze the Situation 14.5
  • Crimes Against �Hospitality Businesses
  • Crimes Against Hospitality Businesses
  • Human Trafficking
  • Human Trafficking
  • Human Trafficking
  • Search the Web 14.1
  • Crisis Management Programs
  • Crisis Management Programs
  • Crisis Management Programs
  • Crisis Management Programs
  • Crisis Management Programs
  • Media Relations
  • Media Relations
  • Media Relations
  • Media Relations
  • Media Relations
  • Media Relations
  • Media Relations
  • Analyze the Situation 14.6
  • Analyze the Situation 14.6
  • Analyze the Situation 14.6
  • Analyze the Situation 14.6
  • What Would You Do?
  • What Would You Do?
  • What Would You Do?
  • What Would You Do?
  • Rapid Review
  • Rapid Review
  • Rapid Review
  • Rapid Review
  • Rapid Review
  • Rapid Review
  • Slide Number 82