Restaurant Managers’ Duties of Care Include:

1. Restaurant Managers’ Duties of Care Include: • To serve only wholesome (safe) food and beverages. • To hire and retain only qualified employees. • To ensure the safety of guests and non-guests by serving alcohol responsibly. • To ensure the safety of the premises. • To give warnings to those who are unaware of unsafe conditions. OH – 17.1

2. Questions of Fact: Is a Guest Intoxicated? • Was the staff trained to recognize signs of intoxication? • Is there a written record of this training? • Was the staffing level sufficient to allow a trained server the time to make the required observation? • Did management encourage and enforce the staff’s efforts to refuse service to the intoxicated guest? OH – 17.2

3. Food Safety Techniques to Minimize Litigation • Purchase food and beverage products only from reputable vendors employing high sanitation standards. • Maintain proper temperatures in product storage areas and inspect these facilities daily. Document the inspections. • Maintain a First-Aid Kit with an adequate supply of employee-accessible bandages, wraps and coverings. (This will help prevent persons with minor cuts from contaminating food products they handle.) Re-stock the kit weekly and document the activity. • Employ a qualified pest extermination company. Maintain a written record of inspections and service activities. • Enforce a written policy prohibiting non-employees from entering any of the restaurant’s food production areas. OH – 17.3

4. More Food Safety Techniques to Minimize Litigation • Keep an adequate stock of all supplies necessary for the safe handling of food and beverages within easy access of employees. • Enforce an appropriate and written employee dress code for all employees. • Schedule and conduct regular food and beverage safety-related training sessions; record dates/times. • Keep a written record of all employees that attend safety training sessions. • Document the repair/correction of food safety-related defects as rapidly as possible. OH – 17.4

5. Minimize Litigation from Problems in Public Areas: Server-Related • Train staff about proper serving procedures and temperatures for each menu item. Document the training. • Allow staff to serve only items listed on the menu. Inform guests whenever ingredient or product substitutions are made. Inform guests about ingredients known to cause allergic reactions. • Schedule at least one staff person or manager trained in administering first aid and cardiopulmonary resuscitation (CPR) on each service shift. • Document the special training of all employees engaged in high-risk service procedures. (These include preparation of flambé drinks and tableside cooking.) • Alcoholic beverages should be served only by employees who have successfully completed an alcohol awareness-training program. OH – 17.5

6. Minimize Litigation from Problems in Public Areas: Guest-Related • Train staff to make no distinctions regarding personal characteristics when admitting, seating or requesting payment from guests. Document the training. • Remove any guest that poses a physical threat to other guests or employees. (Call for law enforcement assistance, if necessary.) • Rigorously enforce any age limits on entrance to your restaurant established by law. • Limit the number of guests served by strictly enforcing restrictions on capacity that have been established by local codes and ordinances. • Enforce a beverage service policy that allows guests to order only one alcoholic beverage at a time. Avoid offering “two-for-ones” or unusually large drinks. OH – 17.6

7. Property Safety Techniques to Minimize Litigation • Inspect parking lot lighting levels daily. Replace light fixtures and bulbs as needed. Keep records of inspection and bulb replacement dates. • Inspect parking areas for cracks, potholes and uneven surfaces at least quarterly. Record inspection findings and implement needed repairs. • Where applicable, develop written policies about snow removal and walkway salting. Train employees in the implementation of these policies; document training sessions. • Inspect entryway floors and carpets daily. Implement the needed repairs immediately; document your efforts. • Train employees to wipe up liquid spills immediately; use “caution” signs until wet areas have dried. OH – 17.7

8. More Property Safety Techniques to Minimize Litigation • Provide an adequate number and type of highchairs and booster seats for children; check them daily for safety hazards. • Follow all laws relating to smoking areas. Designate Non-Smoking areas and prohibit smoking in these areas. • Ensure that adequate lighting exists in all dining areas and in pathways to public areas. Inspect and repair or replace lights and fixtures daily. • Design and implement a quarterly seating inspection system that includes examination of all chairs and tables for safety and sturdiness. • Regularly inspect, test and retain documentation related to all fire suppression systems (sprinklers, fire extinguishers and hood systems, for example) in the restaurant. OH – 17.8

9. The Law and Employee Selection • Civil Rights Act of 1964 (Title VII) Prohibits discrimination based on race, color, religion, sex or national origin • Americans with Disabilities Act Prohibits discrimination against people with physical or mental disabilities including AIDS/HIV, cerebral palsy, hearing or visual impairments, alcoholism and other identifiable disabilities • Age Discrimination in Employment Act This law protects individuals who are 40 years of age or older from employment discrimination based on age OH – 17.9

10. Factors That Can Justify Varied Pay Rates • Education level • Certification status • Registrations or licenses • Specialized training • Advanced language skills (multi-lingual) • Specialized knowledge (such as food preparation techniques or equipment operation) OH – 17.10

11. Zero Tolerance Tactics • Create policies that clearly prohibit sexual harassment in the workplace • Conduct all-employee training to ensure that workers understand the restaurant’s harassment policies • Investigate complaints promptly • Discipline or dismiss offending workers when appropriate OH – 17.11

12. Areas of Responsibilities for U.S. Department of Labor • Wages and overtime pay (including policies for paying tipped employees) • Health and safety • Equal employment rights • Collective bargaining rights • Pension rights • Unemployment and worker’s compensation OH – 17.12

13. The EEOC Administers Business Practices Related to: • Harassment • Race discrimination • National origin discrimination • Pregnancy discrimination • Religious discrimination • Discrimination based on disability OH – 17.13

14. The Restaurant Manager and the IRS • Pay taxes on personal income and restaurant profits • Withhold taxes from employee paychecks and forward these funds to the IRS • File quarterly income tax returns (Form 941) • Annually file Form W-3 (Income and Tax Statements) with the Social Security Administration • Deposit withheld taxes on a regular basis • Report employee tips (Form 8027) and withhold taxes on those tips • Provide employees with an annual record of their earnings and taxes paid (Form W-2) OH – 17.14

15. Responsibilities of Other Federal Agencies • Department of Justice • One division (Immigration and Naturalization Service-INS) requires that only workers legally able to work in the U.S. hold jobs in the U.S. • This department also enforces the Americans with Disabilities Act • Food and Drug Administration (FDA) • Mandatory nutritional labeling • Develops the model health code (sanitation) • Bureau of Alcohol, Tobacco and Firearms (ATF) • Enforces payment of taxes on the manufacture and sales of alcoholic beverages including sales in restaurants, bars and nightclubs • Environmental Protection Agency (EPA) • Enforces standards on use of chemicals (such as for cleaning), ensures safe drinking water and regulates indoor air quality (influences procedures related to smoking in public buildings) OH – 17.15

16. An Official Investigation: What to Do • Contact your supervisor or attorney • Contact your insurance company • Respond in a polite and timely manner • Maintain detailed records OH – 17.16

17. Incident Reporting Form (Facility Name and Location) Date Prepared Completed by (print) Title Date of Incident Reported by Time of Incident (am) (pm) Location Person Affected Name Street Address City, State, Zip Telephone (Home) (Work) Type of Incident:  Injury Theft Property Damage If Injury: Was 911 called?  Yes  No Was injured party capable of requesting medical attention?  Yes  No Did injured party request medical attention?  Yes  No Was medical attention provided? (If yes, provide information below.)  Yes  No Nature of medical attention: If Theft: Were Police summoned?  Yes  No Was a report taken?  Yes  No Was an arrest made?  Yes  No Estimated value of loss Attending Officer’s Name (Print) Badge Number Description of Incident OH – 17.17

18. Incident Reporting Form (continued) Witnesses: Name __________________________________ Name ______________________________ Address ________________________________ Address ____________________________ Telephone ______________________________ ____________________________________ Telephone ___________________________ Name __________________________________ Name ______________________________ Address ________________________________ Address ____________________________ _______________________________________ ____________________________________ Telephone ______________________________ Telephone ___________________________ Other Information _________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ Report Submitted To ____________________________ Title Date of Submission month/date/year OH – 17.18

19. Step 1: Step 2: Step 3: Step 4: Step 5: Step 6: Summon Help Step 7: Step 8: Step 9: Avoid Assigning Blame Step 10: Complete an Incident Report Do Not Agree to Pay for Treatment Do Not Discuss Insurance Avoid Employee Scapegoating Promptly Notify Your Insurer Maintain Records Maintain Confidentiality Correct the Cause Basic Steps in an Accident or Injury Response OH – 17.19