Law in relation to the hospitality industry

1. What is the purpose of law in relation to the hospitality industry?
2. Keeping Customers Safe

Food safety laws play a major role in the hospitality industry, and knowledge about how to clean and store food can keep your customers safe and help your business avoid lawsuits and fines. The many cases of food contamination in the news recently have demonstrated difficulty tracing the origin of tainted food, which means places that serve food must be vigilant about knowing their suppliers. Whether you were at fault or not, customers who get food poisoning from your food are not welcome publicity. If your establishment is one of the many welcome dogs on their patios, you must follow numerous laws governing practices to keep dining areas sanitary.

1. Protecting Your Reputation

Knowledge of hospitality regulations protects your business’s reputation. Of course, unsafe or unsanitary conditions affect your reputation, but there are many other laws you need to follow as well. For example, hotels have to provide access to disabled patrons, and if your business fails to comply, you could face lawsuits, protests, and negative publicity. Similarly, discriminating against people on the basis of sex, race, religion, disability status or age can draw unwanted negative attention. Staff members should be trained to understand what constitutes discrimination so they’re aware of their legal obligation to respect diverse workers and patrons.

1. Record-Keeping for Hospitality Laws

You may at times be overwhelmed by the amount of record keeping in the hospitality industry. Yet, such records could become quite valuable resources if you need to prove adherence to any of the numerous hospitality laws. Food businesses have to maintain tip sheets indicating the tips employees receive at tip-out, and all hospitality businesses must keep accurate and up-to-date employment agreements and payroll tax paperwork. Employees who know and understand the hospitality laws can keep more accurate records and will be less likely to throw away or delete important documentation. Without proper record-keeping, your business could get into trouble with a variety of governmental agencies, over or underpay employees and even miss out on important tax deductions.

1. Honoring Agreements and Fair Marketing

Workers in the hospitality industry may be members of unions, and some unions have specific agreements with employers governing wages, working conditions and benefits. Your management staff needs to honor these agreements, as well as any contracts you’ve signed with customers, vendors and contractors. Similarly, hotels must adopt fair and honest marketing practices. Deceptive marketing is illegal. For example, if you advertise one price, then an employee refuses to offer that price to a patron, you could be sued for deceptive marketing. Advertising an “as low as” price could be considered a form of “bait and switch” advertising if that price seems to never be available and customers are instead guided to higher-priced accommodations.

 

 

 

1. Protecting Your Reputation

Knowledge of hospitality regulations protects your business’s reputation. Of course, unsafe or unsanitary conditions affect your reputation, but there are many other laws you need to follow as well. For example, hotels have to provide access to disabled patrons, and if your business fails to comply, you could face lawsuits, protests and negative publicity. Similar as discrimination among people on the basis of sex and race.

2. What do you think are the impacts of the devolved system of government on the hospitality industry?

Hospitality depends greatly on tourism which has then been devolved into the Counties. The counties have developed tourism ministries within themselves. Different counties therefore adopt different strategies to market, operate and manage the tourist attractions. These strategies are mostly under trial hence making the tourism unstable in Kenya. Devolution therefore has thereby led to a reduced attraction among tourist hence affecting the hospitality industry.

3. How can a manager respond to an incident of harm/injury in their establishment?

Common accidents that can happen at hotels are slip and falls, elevator/escalator accidents, swimming pool accidents, food poisoning, parking lot, and acts of violence. If you suffer injuries after any type of incident at a hotel, start looking into your potential rights to sue. The elements needed to sue a hotel start with proving the hotels duty to you. This is typically an easy thing to prove since hotels automatically owe all guests and property visitors (other than adult trespassers) basic duties of care. These duties include:

• Disclosing health and safety hazards
• Protecting guests privacy
• Keeping a reasonably safe premise
• Not discriminating against guests
• Taking adequate security measures

The hotels duties of care to you in a particular accident may depend on the circumstances surrounding your injuries. Say, for example, that someone mugged you in the hotels parking lot. If the courts deem that a history of crime at the hotel or other factor is enough for the hotel to have foreseen the attack, the hotel may be guilty of negligence if it didnt take reasonable steps to prevent the mugging, such as hiring a security guard. If, however, the courts rule that the hotel didnt have reason to foresee the attack, the hotel may not have owed you the duty to hire a security guard.

4. Read and make a summary of the Law of Contract Act Cap 23 Laws of Kenya. Are there certain contracts that must be in writing?

Contracts

1. No suit shall be brought whereby to charge the defendant upon any special promise to answer for the debt, default or miscarriages of another person unless the agreement upon which such suit is brought, or some memorandum or note thereof, is in writing and signed by the party to be charged therewith or some other person thereunto by him lawfully authorized.
2. No suit shall be brought whereby to charge any person upon or by reason of any representation or assurance made or given concerning or relating to the character, conduct, credit, ability, trade or dealings of any other person, to the intent or purpose that such other person may obtain credit, money or goods, unless such representation or assurance is made in writing, signed by the party to be charged therewith.

No suit shall be brought upon a contract for the disposition of an interest in land unless

(a) The contract upon which the suit is founded

• is in writing;
• is signed by all the parties thereto; and

1. The signature of each party signing has been attested by a witness who is present when the contract was signed by such party:
2. Provided that this subsection shall not apply to a contract made in the course of a public auction.

 

5. Find out the differences between the following types of contracts:

 

1. Express and implied contracts

Express contracts consist of agreements in which the terms are stated by the parties. The terms may be stated orally or in writing. But the contract as a whole must reflect the intention of the parties. Contracts implied are inferred from the facts and circumstances of the case or the conduct of the parties. However, such contracts are not formally or explicitly stated in words. The law makes no distinction between contracts created by words and those created by conduct.

1. Unilateral and bilateral contracts

Unilateral contracts involve promises made by only one of the partieswhereas bilateral contracts are those involving promises made by all parties.

• Valid, Void, and Voidable contracts

Avalidcontract is a written or expressed agreement between two parties to provide a product or service whereas contracts that are no longer enforceable become void. If one party uses a tactic like fraud or coercion, the contract will become voidable as well. With a void contract, the contract cant become valid just by both parties agreeing.

 

1. Specialty and simple contracts

A specialty contract must be signed by the parties sealed, for example with a company seal and finally it must be delivered. Examples of specialty contracts include: 1. Mortgages and leases for over three years.

A simple contract can be made orally, in writing or by the implications deemed from the actions of the parties.

6. What is ‘invitation to treat’? Include an example from the hospitality industry

An invitation to treat is essentially an invitation to start negotiations with the intent to create an offer. Examples include a hotel inviting applicants for recruitment or a restaurant’s menu card that displays prices.

7. Familiarize yourself with what a job description and a job specification are. As a manager, can you draw the tool named above for your establishment’s job positions?

A job specification states the attributes, skills, knowledge, educational qualification, and experience needed in a candidate to perform a particular job.

Ais the detailed information of the vacant position that states the job title, job location, duties, responsibilities, job role, etc. in a written format.

Job Description

Hotel Receptionist

General Description

The Hotel Receptionist is responsible for providing a friendly, welcoming and efficient service to all hotel guests, in line with the hotels vision and values on customer satisfaction. The main purposes of the hotel reception areas staff are to respond courteously to guests requests, play a part in the general running of the reception desk and help the General Manager to maintain a smooth room bookings service.

Main Tasks and Responsibilities

1. To undertake front of house duties, including meeting, greeting and attending to the needs of guests, to ensure a superb customer service experience.
2. To build a good rapport with all guests and resolve any complaints/issues quickly to maintain high quality customer service.
3. To deal with guest requests to ensure a comfortable and pleasant stay.
4. To assist in dealing with customer complaints in an effective and courteous manner, providing or seeking solutions as quickly as possible.
5. To be responsible for accurate and efficient accounts and guest billing processes.
6. To assist in keeping the hotel reception area clean and tidy at all times.
7. To undertake general office duties, including correspondence, emails, filing and switchboard, to ensure the smooth running of the reception area.
8. To administer all routes of reservations to ensure that room bookings are made and recorded accurately.
9. To ensure that all reservations and cancellations are processed efficiently.
10. To keep up to date with room prices and special offers to provide accurate information to guests.
11. To report any maintenance, breakage or cleanliness problems to the relevant manager.
12. To administer the general petty cash system and float in an accurate manner.
13. To undertake all training as required (example, first aid, health and safety, customer service).
14. To adhere to all fire safety test procedures and to assist in the evacuation process in the event of fire.
15. To undertake any other ad-hoc duties (bar and restaurant work) relevant to the post, as and when required.

 

Skills and Experience Required

A friendly and welcoming approach

High standards of dress and presentation

Ability to remain calm during difficult situations or in a very busy environment

The ability to work unsupervised

Excellent interpersonal skills, including a pleasant telephone manner, good administrative skill, ability to use email and booking systems and good team working skills.

Skills and Experience (Desirable)

Previous customer service experience

Previous experience in hospitality

Previous experience in media and promotions

Experience with Sage Payroll, Sage Accounts and VAT returns

Previous experience in Health & Safety, First Aid etc.,

8. Read the Employment Act 2007 Laws of Kenya and summarize the employers and employees’ rights and responsibilities.

Sexual harassment

An employee is sexually harassed if the employer of that employee or a representative of that employer or a co-worker;

(a) Directly or indirectly requests that employee for sexual intercourse, sexual contact or any other form of sexual activity that contains an implied or express

(i) Promise of preferential treatment in employment;

(ii) Threat of detrimental treatment in employment; or

(iii) Threat about the present or future employment status of the employee;

(b) Uses language whether written or spoken of a sexual nature;

(c) Uses visual material of a sexual nature; or

(d) Shows physical behavior of a sexual nature which directly or indirectly subjects the employee to behavior that is unwelcome or offensive to that employee and that by its nature has a detrimental effect on that employees employment, job performance, or job satisfaction.

(b) A statement that;

(i) That every employee is entitled to employment that is free of sexual harassment;

(ii) That the employer shall take steps to ensure that no employee is subjected to sexual harassment;

(iii) That the employer shall take such disciplinary measures as the employer deems appropriate against any person under the employers direction, who subjects any employee to sexual harassment;

(iv) Explaining how complaints of sexual harassment may be brought to the attention of the employer; and

(v) That the employer will not disclose the name of a complainant or the circumstances related to the complaint to any person except where disclosure is necessary for the purpose of investigating the complaint or taking disciplinary measures in relation thereto.

Casual Employees

Shall not apply in the case of a contract of service whose terms provide for the giving of a period of notice of termination in writing greater than the period required by the provision of this subsection which would otherwise be applicable. (3)If an employee who receives notice of termination is not able to understand the notice, the employer shall ensure that the notice is explained orally to the employee in a language the employee understands. (4) Nothing in this section affects the right (a) of an employee whose services have been terminated to dispute the lawfulness or fairness of the termination in accordance with the provisions of section 46; or (b) of an employer or an employee to terminate a contract of employment without notice for any cause recognized by law.

Termination on account of redundancy

An employer shall not terminate a contract of service on account of redundancy unless the employer complies with the following conditions

(a) Where the employee is a member of a trade union, the employer notifies the union to which the employee is a member and the labour officer in charge of the area where the employee is employed of the reasons for, and the extent of, the intended redundancy not less than a month prior to the date of the intended date of termination on account of redundancy;

(b) Where an employee is not a member of a trade union, the employer notifies the employee personally in writing and the labour officer;

(c) The employer has, in the selection of employees to be declared redundant had due regard to seniority in time and to the skill, ability and reliability of each employee of the particular class of employees affected by the redundancy;

(d) Where there is in existence a collective agreement between an employer and a trade union setting out terminal benefits payable upon redundancy; the employer has not placed the employee at a disadvantage for being or not being a member of the trade union;

(e) The employer has where leave is due to an employee who is declared redundant, paid off the leave in cash;

(f) The employer has paid an employee declared redundant not less than one months notice or one months wages in lieu of notice; and

(g) The employer has paid to an employee declared redundant severance pay at the rate of not less than fifteen days pay for each completed year of service.

Summary dismissal

Summary dismissal shall take place when an employer terminates the employment of an employee without notice or with less notice than that to which the employee is entitled by any statutory provision or contractual term.

Any of the following matters may amount to gross misconduct so as to justify the summary dismissal of an employee for lawful cause, but the enumeration of such matters or the decision of an employer to dismiss an employee summarily

Offence to induce person to proceed abroad under informal contract

A person who;

(a) employs, engages, or knowingly aids in the employment or engagement of, a person with the intention that when so employed or engaged that person shall proceed outside the limits of Kenya.

(b) induces or attempts to induce an employee to proceed outside the limits of Kenya, unless he has under this Act, duly entered into a foreign contract of service with that person or employee, as the case may be, commits an offence and shall on conviction be liable to a fine not exceeding two hundred thousand shillings or to imprisonment for a term not exceeding six months or to both.

 

 

 

9. Read the Bill of rights in the constitution of Kenya 2010 and describe the rights of an employee.

Every worker has the right to fair remuneration; to reasonable working conditions; to form, join or participate in the activities and programs of a trade union; and to go on strike.

Every employer has the right to form and join an employers organization; and to participate in the activities and programs of an employers organization.

Every trade union and every employers organization have the right to determine its own administration, programs and activities; to organize; and to form and join a federation.

Every trade union, employers organization and employer has the right to engage in collective bargaining.

 

10. Read the ILO Code of Practice on HIV/AIDS. What issues with regard to employees do you identify?

Recognition of HIV/AIDS as a workplace issue

HIV/AIDS is a workplace issue, and should be treated like any other serious illness/condition in the workplace. This is necessary not only because it affects the workforce, but also, because the workplace, being part of the local community, has a role to play in the wider struggles to limit the spread and effects of the epidemic.

Non-discrimination

In the spirit of decent work and respect for the human rights and dignity of persons infected or affected by HIV/AIDS, there should be no discrimination against workers on the basis of real or perceived HIV status. Discrimination and stigmatization of people living with HIV/AIDS inhibits efforts aimed at promoting HIV/AIDS prevention.

Gender equality

The gender dimensions of HIV/AIDS should be recognized. Women are more likely to become infected and are more often adversely affected by the HIV/AIDS epidemic than men due to biological, socio-cultural and economic reasons. The greater the gender discrimination in societies and the lower the position of women, the more negatively they are affected by HIV. Therefore, more equal gender relations and the empowerment of women are vital to successfully prevent the spread of HIV infection and enable women cope with HIV/AIDS.

Healthy work environment

The work environment should be healthy and safe, so far as is practicable, for all concerned parties, in order to prevent transmission of HIV, in accordance with the provisions of the Occupational Safety and Health Convention, 1981 (No. 155).

A healthy work environment facilitates optimal physical and mental health in relation to work and adaptation of work to the capabilities of workers in light of their state of physical and mental health.

 

11. Read the Labour Relations Act, 2007 Laws of Kenya and The Labour Institutions
12. a) Act, 2007 and make a brief summary.
13. b) What are the rights of employees as trade union members?
14. c) What are the trade unions for the hospitality industry in Kenya?
15. d) Have they been able to champion the rights of the members?
16. f) If not, what challenges do they face?
17. h) What is a closed shop in relation to trade unions?

 

 

 

 

12. Develop a hospitality facility safety and security checklist and forward to my email address.
13. Are all new employees informed and properly trained in the correct usage of workplace chemicals?
14. Is Human Resources role in coordinating all HAZCOM programs and maintaining MSDS files properly maintained? (Other departments or offices may be assigned this responsibility at managements discretion).
15. Are MSDS sheets adequately explained so that employees are familiar with the physical characteristics of chemicals used, exposure limits, precautionary measures, and emergency and first aid procedures?
16. Are signed forms verifying the employees HAZCOM/MSDS training kept in their personnel file?
17. Are employees informed as to where MSDS sheets are located? Are they readily accessible 24 hours a day?
18. Is there an alphabetical list of chemicals used at the hotel at the front of each MSDS book?
19. Is annual refresher training done (and documented) for all employees?
20. Is personal protective equipment (PPE) available to those employees who handle chemicals that require them? (Does supervision enforce this requirement?)

Bloodborne Pathogen Training:

1. Is bloodborne pathogen training given to all new employees and documented in their personnel file?
2. Are employees who have been identified as having occupational exposure to bloodborne pathogens Room Attendants, Housemen, Laundry Attendants, Security, MODs, Housekeeping Supervision, Food Service staff, Lifeguards, and all CPR trained personnel – informed that hepatitis B vaccination is available? Is a record of this maintained in the employees file?
3. Is personal protective equipment (PPE) eye and/or face protection, gloves, apron, sharps boxes, biohazard bags available for employees who may need it?
4. If an exposure incident occurs, are the proper procedures followed regarding documentation and medical care?
5. Are first aid responders designated in writing? Are employees familiar with who they are?

Driver Safety Program:

1. Do all drivers, or other employees whose job function include driving company vehicles, complete an approved hotel/resorts driver safety course or a course prescribed by local authorities?
2. Are MVD checks done initially? Quarterly? Do they meet the criteria?
3. Was a pre-employment drug and alcohol screen performed for the driver? Is the proper paperwork on file?
4. Does the Hiring Manager conduct a road test for the driver?
5. Are the checklist and test results of the driver kept in his/her file?
6. Do employees know they are to complete a Driver Inspection and Mileage Report of the vehicle at the beginning of each shift?
7. Do employees know they are to complete the Mileage Log?
8. Does the Front Office/Guest Service Manager know that he/she is to ensure that Engineering does a preventative maintenance check weekly, monthly, and every 24,000 miles?
9. Do employees know how to complete accident procedures?
10. Is the van or vehicle safety equipment (battery cables, safety triangle, fire extinguisher, spare tire, jack and handle, flares, umbrella, camera, and first aid kit) in good condition?

Respirator Training Program:

1. Are respirator wearers properly trained in the selection, maintenance, and use of the respirator by a qualified (generally the Chief Engineer) instructor?
2. Is adequate supervision given to employees to ensure proper handling of the respirator?
3. Are the devices in good working condition?
4. Has a physician done a physical evaluation of employees whose duties require respiratory protection?
5. Are respirators inspected on a monthly basis?
6. After training, did the employees sign the Respiratory Protection Training sheet. Is it in their files?

Ongoing Training:

1. Do managers and supervisors have a detailed department and general checklist for safety review?
2. Is there a key issue safety checklist for departments? Is the checklist communicated to the employees?
3. Are there formal training classes reviewing proper techniques for lifting and avoiding slips, trips, and falls?
4. Is there a formal department training for Guest Services? Engineering? Housekeeping?
5. Is the safety committee meeting conducted monthly? Are the minutes filed and sent to the home office?
6. Are there representatives (management and hourly employees) from different departments assigned to the safety committee?
7. Are there records of inspections? Are follow-ups done on discrepancies?
8. Are accidents reviewed as needed?
9. Is there safety awareness at management, supervisory, and employee levels throughout the lodging establishment?

Fire Safety System:

1. Are emergency fire safety plans written, posted, and available for review?
2. Is basic fire safety training conducted and reviewed as part of new hire orientation?
3. Is specific MOD fire safety training conducted and reviewed consistently?
4. Are fire systems tested and inspected as required?
5. Are sprinkler valves equipped with anti-tamper switches or other physical locking devices?
6. Are fire drills conducted and documented on a regular basis?
7. Are fire maps available with the gas, water, and electricity cut-offs marked as well as fire detection devices and pull stations?
8. Are emergency communication devices checked regularly (i.e., public address systems, fire runner radios, etc.)?

Security Training:

1. Have all employees been instructed they are part of the security team? Is there a signed acknowledgement in the personnel file?
2. Are all employees instructed not to risk injury to themselves or to a guest in the event of a crime?
3. Are all employees instructed to cooperate fully in the event of a robbery?
4. Do all employees understand the hotel will prosecute all crime, involving employees as well as outsiders?

Incident reports:

• Is the property using the proper/current form for reporting incidents?
• Are reports filled out for all appropriate reasons? (Accidents/injuries involving guests, guest report of theft/missing property, automobile accidents/incidents, etc.)
• Are the reports maintained on file for review?
• Are reports reviewed/signed off by the general manager prior to being submitted?
• Are the reports being filled out completely/accurately with all pertinent information clearly noted?
• Is management staff trained on writing incident reports?
• Are major incidents being communicated to the appropriate personnel?

Background Investigations:

• Are criminal background investigations competed for all specified employees prior to their hiring? Are the background checks confidentially protected?

Security Officers:

1. Are officers fully trained and do they understand their duties and responsibilities?
2. Has each officer completed a Vendor Validation Checklist?
3. Are officers introduced to and interviewed by the hotel management before being scheduled for a shift?
4. Is hotel management receiving at least a monthly visit and evaluation of service from the contract vendors management staff?
5. Are vendors field supervisors making regular, documented visits to the property?
6. Is vendors management staff responsive to calls for service (i.e., call-offs, extra security requests, etc.)?
7. Are officers being well integrated with the rest of the hotel staff (involved in inspection functions, safety and/or security committees, etc.)?

In-house Officers

1. Have officers completed all new-hire paperwork (i.e., background checks, MVR, etc.)?
2. Have all officers completed the Lodging Security Officer training certification training and have a copy in their files?

General

1. Is patrol round system being used the designated number of times per shift?
2. Are patrol round verification reports being reviewed by management?
3. Are reports being completed thoroughly and in a timely manner (i.e., daily security report, incident reports, maintenance requests).
4. Is the security patrol vehicle in good condition and receiving regular preventative maintenance?
5. Are security personnel familiar with post orders, duties, and responsibilities?
6. Are security officer uniforms neat, clean, and pressed?
7. Do officers arrive for shift with the proper equipment (i.e., notebook, pen, flashlight, etc.)?
8. Are officers receiving briefings at the start of each shift from hotel management?
9. Are officers using proper radio etiquette (i.e., brief, concise, and professional messages, correct use of codes)?
10. Do officers attend departmental sessions and hotel operational and security sessions, as appropriate, and offer input?

 

 

Swimming Pool/Spa/Exercise Room/Sauna

1. Are pool and spa draining covers in place, secure, and in good condition? Are they cone rather than flat surfaced?
2. Are childproof locks in place on pool gate/doors and exercise room doors?
3. Are buoy ropes separating shallow and deep portions of the pool in place?
4. Are depth makings clearly visible in at least 3-inch high print around pool coping and on pool deck? Have you indicated meters as well as feet for foreign visitors?
5. Are international no-diving signs in place around pool coping and on the pool deck?
6. Are life safety devices (i.e. Shepherds hook, life rings, etc.) in place, highly visible, easily accessible, and in good repair?
7. Are life ring throw ropes at least inch in diameter and of the proper length (1 and times the width of the pool or 50 feet)?
8. Are pool/spa chemical quality assurance checks made daily and documented (more frequently if indicated through heavy usage)?
9. Are ladders and handrails in place, secure, and in good repair?
10. Is an emergency phone in place, clearly marked, and in working order?
11. Is spa equipped with emergency shut-off switch, timer (15 minute maximum), and temperature controls?
12. Have two remote drains been installed? Is there an accessible and clearly visible poolside stop switch for turning off the pump in an emergency?
13. Is health and safety signage in place and clearly visible at pool, spa and exercise room?
14. Are life guards or Certified Pool Operators (CPO) qualified and their training documented?
15. Is there a visual contrast between the spa floor and stairs?
16. Is the flow of the spa textured in order to prevent slips?
17. Are exercise equipment instructions posted and maintained in legible condition in exercise rooms?
18. Are pool, spa, and exercise areas free from trip hazards?
19. Are self-closing mechanisms in place and in working order on all pool gates?
20. Is pool pump room kept neat and clean and is personal protective equipment available and in good repair?
21. Is sauna clean, neat, and in good repair?
22. Is exercise equipment in good repair? Is it on a regular maintenance schedule?

Public Areas:

Lobby

1. Is lobby neat, clean, and free from trip hazards?
2. Are wet floor signs being used as needed?
3. Are CCTV cameras functioning, monitored or recorded, and well placed? (Editorial: If recording only, have you provided a sign alerting the public and guests to that fact?)
4. Are front desk staffs careful to not say guest names or guest room numbers out loud and are PBX operators trained in guest room privacy issues?
5. Are lobby doors being kept free of obstructions, such as bell carts and trash?

Safety & Security Audit:

Outlets and general safety considerations:

1. Are electrical outlets, cords, and appliances in good repair?
2. Do all wet areas have non-slip walk off mats?
3. Are all stairs free of trip hazards? Are they free of items that could impede an emergency evacuation?
4. Are emergency lights operational?
5. Are exit signs in good working order?
6. Are exits free from obstructions?
7. Are hand rails secure and in good repair? (Editorial: Use light-colored hand rails and keep them clean. Individuals are more likely to use the hand rails when they are not dark and grimy in appearance.)
8. Are coolers and freezers in good repair (free from slip hazards, holding proper temperatures)?
9. Are all food items properly labeled, covered, and stored?
10. Are fire extinguishers available, inspected, and charged?

Back of the house

1. Are hallways dry and free of trip hazards?
2. Are exits and electrical access panels kept clear?
3. Are non-slip walk-off mats available in wet areas where needed?
4. Are all safety stations properly stocked (broom, mop, dust pan, wet floor sign, etc.)?
5. Are emergency lights operational?
6. Are exit signs in good working order?
7. Are fire extinguishers available, inspected, and charged?
8. Are ice scoops properly stored in sanitary condition when not in use?
9. Are gas cylinders chained or strapped to a wall or rack to prevent them from falling?
10. Is access controlled to the back of the house areas? Is signage appropriate?
11. Is there an eyewash station readily available? Is the water changed every 90 days, if applicable?
12. Is the employee entrance clearly designated?

Laundry and Housekeeping

1. Is the work area clean and free of trip hazards?
2. Are exits and electrical access panels kept clear?
3. Do all machine guards and automatic shut-offs work properly?
4. Are all safety stations properly stocked (broom, mop, dust pan, wet floor signs, etc.)?
5. Are emergency lights operational?
6. Are exit signs in good working order?
7. Is there personal protective equipment available? Eyewash station?
8. Is lint cleaned from behind the dryers, all pipes, ducts, and overhead fixtures on a regular basis?
9. Are lost and found items logged in daily and properly secured?
10. Are all housekeeping keys signed in/out by supervisors and stored in a secured place?
11. Do room lists display the room but not the guests name?
12. Are fire extinguishers available, fully charged, and recently inspected?
13. Is access controlled to these areas?

Engineering Shop

1. Are equipment safety guards in place?
2. Are flammable materials stored in UL approved storage containers?
3. Is there personal protective equipment available for employees use?
4. Is the shop kept clean?
5. Is access to the shop limited?
6. Is access to the key cutting machine controlled?
7. Are proper key control measures in place?
8. Is an eye wash station readily available?
9. Are fire extinguishers charged and recently inspected?

Kitchen

1. Is personal protective equipment (goggles, aprons, gloves, etc.) available for use?
2. Is there an emergency eyewash station available?
3. Are fire extinguishers present, fully charged, and recently inspected?
4. Do sprinkler heads have 18-inch clearance?
5. Is the Annul system in good repair, recently inspected? Are sprinkler heads free of debris and functional?
6. Is the hood on a regular cleaning schedule by a contractor?
7. Is the overhead area, including pipes and ducts, maintained free of grease and dirt?
8. Are non-slip walk off mats available in wet areas?
9. Are freezers, coolers maintaining proper temperatures, free of slip hazards?
10. Is food items properly wrapped, stored?
11. Are electrical outlets in good repair?
12. Are all machines properly guarded and grounded? Are personnel properly trained in their use?
13. Is the safety station readily accessible, fully stocked (mop, broom, dust pan, wet floor signs, etc.)?
14. Is access to the kitchen strictly controlled?
15. Is the back dock neat and free of obstructions?
16. Is the compactor properly maintained and free from obstructions? Is the key for the hydraulic ram removed after each use?
17. Do all employees understand their responsibility concerning workplace safety?

Meeting Rooms

1. Are rooms neat and clear of obstructions?
2. Does the emergency lighting function properly?
3. Are electrical outlets in good repair?
4. Are fire extinguishers present, fully charged, recently inspected?
5. Is access to the meeting room strictly controlled?
6. Are security arrangements made to safeguard a clients property when the group is on break or the meeting has ended for the day?

Storage Rooms

1. Is the storage room in a good state of housekeeping?
2. Are fire extinguishers present, fully charged, recently inspected?
3. Do sprinkler heads have 18-inch clearance?
4. Is the lighting adequate and properly maintained?
5. Are electrical panels unobstructed?
6. Are laundry and trash chutes in good repair? Kept locked if accessible to the public? Are the chutes appropriately sprinkled?
7. Are storage rooms kept locked at all times?

Stairwells

1. Are the fire doors self-closing/latching and functioning correctly?
2. Is emergency lighting working properly and checked regularly?
3. Are all stairwell lights functioning and in good repair?
4. Are staircases clean, in good repair, and free from trip hazards and obstructions?
5. Are fire system valves equipped with either an anti-tamper switch or a physical locking device?
6. Are emergency exits properly secured and/or alarmed after hours?

Guestroom Corridors

1. Are all publicly accessed electrical boxes locked?
2. Are carpets free from trip hazards?
3. Are all lights functioning and in good repair?
4. Are pull stations located next to all designated fire exits?
5. Are fire extinguishers in their designated areas charged and within inspection dates?
6. Are vending areas well lit and easily accessible?
7. Are electrical outlets in good repair?
8. Are fire detection devices in place and functioning properly?

Guestrooms

1. Are Innkeepers Liability statements clearly posted on guestroom doors?
2. Are fire/emergency plans clearly posted on guestroom doors?
3. Are door viewers in place and in good repair? Have they been reversed?
4. Are guestroom doors equipped with a self closing mechanism that is functioning correctly?
5. Are doors equipped with safety chains or U-bars as well as dead bolts?
6. Are tubs and showers equipped with non-slip coating?
7. Are rooms free of trip hazards? (i.e., electrical cords, loose carpet, loose tile.)
8. Is hot water temperature controlled?
9. Are handrails (and grab bars) in place and secure?
10. Are secondary locks in place on corridor doors?
11. Are smoke detectors in place and in working order?
12. Are traveler safety tips/fire safety tips provided in the room?
13. Is window access restricted (max of 4 inches as required)?
14. Are electrical cords and outlets in good repair (i.e., no frayed cords or broken outlet covers)?
15. Are sliding glass doors equipped with secondary locking devices? (Charley bar, locking pin insert, etc.)?

 

13. Read on the (Occupational Health and safety) mentioned legislations and organizations and summarize their role and duties in ensuring work place safety.

 

Occupational Safety and Health Act No 15 of 2007 and revised in 2010

The provision and maintenance of plant, systems and procedures of work that are safe and eliminate risks to human health

Arrangements for ensuring safety and absence of risks to health in connection with the use, handling, storage and transport of articles and substances

The provision of such information, instruction, training and supervision as is necessary to ensure the safety and health at work of every person employed

The maintenance of any workplace under the occupier’s control, in a condition that is safe and without risks to health and the provision and maintenance of means of access to and egress from it that are safe and without such risks to health

The provision and maintenance of a working environment for every person employed that is, safe, without risks to health, and adequate as regards facilities and arrangements for the employees welfare.

 

 

Work Injury Benefits Act 2007

Every employer shall obtain and maintain an insurance policy, with an insurer approved by the Minister in respect of any liability that the employer may incur under this Act to any of his employees.

An employee who is involved in an accident resulting in the employees disablement or death is subject to the provisions of this Act, and entitled to the benefits provided for under this Act.

In case an employer carries on business chiefly in Kenya and an employee ordinarily employed in Kenya is injured in an accident while temporarily deployed outside

 

 

Kenya, the employee is entitled to compensation as if the accident had happened in Kenya.

An employee who suffers temporary total disablement due to an accident that incapacitates the employee for three days or longer is entitled to receive a periodical payment equivalent to the employees earnings, subject to the minimum and maximum amounts fixed by the Minister from time to time, after consultation with the Council

An employee who contracts a disease in the circumstances contemplated is deemed to have contracted an occupational disease and is entitled to compensation as if the disablement caused by the disease had been caused by an accident.

An employer shall provide and maintain such appliances and services for the rendering of first aid to his employees in case of any accident as may be prescribed in any other written law in respect of the trade or business in which the employer is engaged.

Fatal Accidents Act Cap 32

Whenever the death of a person is caused by a wrongful act, neglect or default, and the act, neglect or default is such as would (if death had not ensued) have entitled the person injured to maintain an action and recover damages in respect thereof, then in every such case the person who would have been liable, if death had not ensued, shall be liable to an action for damages notwithstanding the death of the person injured and although the death was caused under such circumstances as amount in law to felony.

Every action brought by virtue of the provisions of this Act shall be for the benefit of the wife, husband, parent and child of the person whose death was so caused.

Public Health Act cap 242

Inspection of infected premises and examination of persons suspected to be suffering from infectious disease

Promote the use of renewable sources of energy by promoting measures for the conservation of non-renewable sources of energy

Controlling of activities and practices likely to lead to the degradation of the ozone layer and the stratosphere

Reduction and minimization of risks to human health created by the degradation of the ozone layer and the stratosphere

Radiation Protection Act cap 243

An owner or user of an irradiating device or radioactive material shall notify the Board in writing his intention to acquire, store, install or use the device or material specifying the purpose for which it is required and the type of building or facility where the device or material is to be stored, installed or used.

A person who owns, purchases, acquires, imports, manufactures, sells or deals in, stores, uses, disposes of or exports any kind of irradiating device or radioactive material or any other source of ionizing radiation shall apply, in the prescribed form, to the Board for an appropriate license or for a renewal of the license.

 

The holder of a license shall be responsible for ensuring that exposure to ionizing radiation resulting directly or indirectly from its operation, conditions of storage, transport or disposal shall be kept as low as reasonably practicable below the prescribed limits

Pest Control Products Act Cap 346

No person shall import into, or sell in, Kenya any pest control product unless that product has been registered, packaged and labeled in accordance with regulations made under this Act and conforms to the standards specified in those regulations.

An inspector may, at all reasonable times examine any pest control product or material found in any place or premises or open any package found therein that he has reason to believe contains any pest control product or material and take samples thereof.

Any person who refuses entry to an inspector acting under this section or obstructs him in making an entry or making an inspection or who, without reasonable excuse, fails to produce any pest control product or material for examination or any document the production of which is required of him under this section shall be guilty of an offence.

 

 

 

 

 

14. Describe other international treaties and conventions that are applicable to travel and tourism.

The Convention concerning Customs Facilities for Touring is a 1956 United Nations multilateral treaty. It allows tourists to import personal effects into the country duty free so long as the effects are for the personal use of the tourist and they are carried on the person or in their luggage.

 

15. Suggest solutions to the legal challenges arising from the complexity of the tourism and travel industry

Regulation and Compliance- Companies in the travel industry must adhere to an array of regulations established in federal, state, and international laws. Seller of travel laws address those who offer travel services, and organizations such as the Airlines Reporting Corporation (ARC) and International Air Transport Association (IATA) handle transactions involving specific industries within the field of tourism.

Policies and Contracts– The travel industry is built on contracts, from agreements with vendors to guest terms and conditions. Nearly everyone involved in travel encounters a contract as some point in the chain of service.

Crisis Management– In the travel industry, you cannot control all variables. Sometimes an emergency situation occurs. However, you can be prepared with proper risk assessment and exigency training.

Dispute Resolution and Litigation- Disagreements involving services, contracts, employment, customers, and more are common in the business world. Effective dispute resolution requires skilled legal assistance to negotiate, bargain, and achieve agreements that benefit everyone involved.

Employment Issues- Travel is one of the worlds fastest growing industries, with more than 6 million jobs in the United States as of 2016. Employment issues arise frequently, often involving complex labor policies, government regulations, and international laws.

16. With the use of examples, describe other current legal issues affecting the hospitality industry.

Overbooking

Just as hotels can sometimes miscalculate their occupancy forecasts and oversell their capacity, thus, hotel managers often find themselves housing guests who are affected by the overbooking of a transportation provider.

 

Deceptive sales tactics.

With over 5,700 resorts worldwide participating in timeshare sales, it is inevitable that some would employ unscrupulous means to sell their products.

 

Employment

The majority of employees employed in hospitality businesses are subject to award conditions. These awards will set down minimum entitlements to: penalty rates, overtime loadings, allowances, minimum and maximum hours of work.

 

Rights in event of default.

Perhaps the worst-case scenario for timeshare purchasers (or managers!) is the closure or bankruptcy of the resort they partially own. If a developer, builder, or management company defaults on its financial obligations for a resort, the impact on the individual timeshare owners of that resort can be significant.

 

Forum (venue) selection issues.

Forum refers to the location in which a lawsuit may properly be fi led. In many cases, where a legal dispute has taken place, and thus should be settled, is relatively straightforward. For example, assume that a restaurant manager working in Alabama hires a local electrician to install additional lighting in the restaurants parking area.

 

Lawful advertising.

Puffing is a common, and allowable, advertising technique used by both e-brochure and e-commerce sites. It is, essentially, the act of accentuating the positive when promoting a travel product. Thus, a hotel site may claim that its rooms are beautiful, modern, or spacious, and the assumption by law is that consumers should recognize such terms as an attempt by the advertiser to encourage sales.

17. Read the contents of the website. Provide solutions to the identified issues:

 

Franchise contract issues– The life cycle of the franchise agreement from the initial execution (whether it is a conversion or a new construction project) to the entrance into the franchise system can be challenging.

Labor/regulatory compliance– Labor laws include age and sexual discrimination, immigration enforcement, ADA compliance, and increased cost of labor. All these concerns add to the economic pressure placed on hotel owners.

Corporate governance– This includes partnership issues between partners, including close family members and the resulting litigation due to lack of proper operating agreements and buy/sell agreements.

Lack of proper insurance coverage-The lack of proper insurance coverage leads to a tremendous burden on the owner when a casualty occurs. In many cases, the clients do not have adequate coverage and fail to add essential coverage.

Increasing cost of development and renovations– Hotel renovations are something that almost every hotelier wants, but often have to reconsider due to the rise of hotel renovation costs.

18. Describe other ways in which a manager can undertake preventative legal management?

Select framework.

Objectives for a framework.

Obtain organizational commitment

Identify legal risks

Analyze legal risks

Risk analysis

Evaluate legal risk

Communicate and advise

19. Describe a scenario in a hospitality setup that may not be illegal but it is unethical.

By the very nature of the hospitality sector there are significant problems and barriers when employees go looking for a redress to employer violations of the labour contract. Because employment in the hospitality setup is at-will, most workers fear employer reprisals for complaining about wage and hour violations, including losing their jobs. In the face of government non-involvement, private lawsuits have become more popular, but employees bringing private lawsuits cannot bring class actions because of law limitations requiring each individual worker to affirmatively opt-in to a lawsuit by filing a written consent to sue with

the court. Immigrant workers face an additional barrier to enforcing their rights if the employer threatens to or does in fact call in the Department of Immigration Kenya which has the power to detain and, in some cases, deport workers without work authorization.

20. Read the Tourism Act 2011 and make a short summary.

The Tourism Act 2011 is an Act of Parliament to provide for the development, management, marketing and regulation of sustainable tourism and tourism-related activities and services, and for connected purposes. According to the Act:

The Minister shall formulate and publish in the Gazette a national tourism strategy at least once every five years, in accordance with which the tourism sector shall be developed, managed, marketed andregulated.

There is established an authority to be known as the Tourism Regulatory

Authority to oversee all functions related to tourism and the Tourism Act with its headquarters at Nairobi

There is established a college to be known as the Kenya Utalii College. The College shall undertake tourism and hospitality training, capacity building for the tourism sector, and perform any other function related or incidental to the foregoing as may be directed by the Minister.

 

There is established a Tourism Protection Service which shall be a specialized police service under the supervision of the National Police Service and the command of the Inspector-General of the National Police Service.

There is established a board to be known as the Kenya Tourism Board. The object and purpose of the Tourism Board shall be to market Kenya as a tourist destination.

There is established a convention centre to be known as the Kenyatta International Convention Centre (hereinafter referred to as the Convention Centre) The object and purpose of the Convention Centre shall be to promote business of meetings, conferences and exhibitions.

There is established an institute to be known as the Tourism Research Institute (hereinafter referred to as the Institute). The object and purpose of the Institute shall be to undertake and co-ordinate tourism research and analysis in accordance with the provisions of this Act.

There is established a fund to be known as the Tourism Fund which shall vest in and be operated and managed by the Board of Trustees. The object and purpose of the Fund shall be to finance the development of tourism products and services;

Corporation (hereinafter referred to as the Corporation). The object and purpose of the Corporation shall be to provide financial assistance to investors or entrepreneurs in the tourism sector including small and medium and community-based enterprises for development, expansion and maintenance of tourism activities and services

There is established a tribunal to be known as the Tourism Tribunal which shall consist of a chairperson nominated by the Judicial Service Commission and appointed by the Minister; an advocate of the High Court of Kenya nominated by the Law Society of Kenya and appointed by the Minister; three other persons who have demonstrated competence and a high level of integrity in the tourism or hospitality sector appointed by the Minister.

 

A person shall not undertake any of the tourism activities and services specified in the Ninth Schedule, unless that person has a license issued by the Authority. A license issued under this Act may be transferred by the holder to another person only in respect of the tourism activity or service in relation to which that license was issued. The Authority may, suspend a license issued under this Act where a licensee is being investigated in relation to an offence under this Act; an allegation of misconduct has been made against a licensee; the licensee made a false declaration in the application for the license; or a licensee has contravened a provision of this Act. The Authority shall cancel a license where a licensee is convicted of an offence under this Act or the regulations made there under; or ceases to be qualified for the issue of a license under this Act.

The Minister may, by order, require the payment by persons engaged in tourism activities and services of a tourism levy.

Despite the provisions of any relevant revenue Act, the Minister responsible for finance may, on the recommendation of the Minister, propose tax and other fiscal incentives, disincentives or fees to induce or promote the development of sustainable tourism.

The financial year of the respective tourism agencies established under this Act shall be the period of twelve months ending on the thirtieth June in each year.

The respective tourism agencies shall cause to be kept all proper books and records of accounts of the income, expenditure, assets and liabilities of the respective tourism agencies. A person who contravenes any of the provisions and commits an offence and is liable on conviction to a fine not exceeding two hundred thousand shillings, or to imprisonment for a term not exceeding twenty-four months, or to both.

 

A person shall not discharge any dangerous materials, substances or oil into a designated tourism development area contrary to the provisions of this Act or any other law; or pollute wildlife habitats and ecosystems, or discharge any pollutant detrimental to the environment contrary to the provisions of this Act or any other law

Where an offence under this Act is committed by a body corporate or any other association of individuals, a director, partner or any other person involved in, or acting or purporting to act in the management of its affairs commits an offence unless that person proves that the act or omission constituting the offence took place without his knowledge; or he took reasonable steps to prevent the commission of the offence. A person who commits an offence under this Act for which no specific penalty is provided is liable, on conviction, to a fine not exceeding one hundred thousand shillings or to imprisonment for a term not exceeding twelve months, or to both.

The common seal of any of the tourism agencies established under this Act shall be kept in such custody as the respective tourism agency may direct and shall not be used except on the order of that respective tourism agency.

A member of any of the tourism agencies or any officer, employee or agent of any tourism agency shall not be liable for an act done by that person or omitted to be done or ordered to be done by that person in discharge of the persons duties, if the person, at the time, whether or not within the limits of the jurisdiction of that person, in good faith, believed he had jurisdiction to do or order the act complained of to be done.

The provisions of section 119 shall not relieve a tourism agency of the liability to pay compensation or damages to a person for an injury to him, his property or any of his interests caused by the exercise of the powers conferred on the respective tourism agency by this Act or by any other law or by the failure, whether wholly or partially, or any works.

 

Where any conflict arises between the provisions of this Act and any other Act with respect to the development, management, marketing or regulation of the tourism sector, the provisions of this Act shall prevail.

The Minister may, on his own motion or on the recommendation of the respective tourism agency, make regulations prescribing all matters which by this Act are required to be prescribed or which are necessary for the better carrying out of, or giving effect to, the provisions of this Act.

The rights, assets and liabilities accrued in respect of the properties vested in the Kenya Utalii College, the Kenya Tourist Board, the Kenyatta International Conference Centre, the Kenya Tourist Development Corporation and the Catering and Tourism Development Levy Trustees established by the Acts repealed by section 124, or by any other legal instrument in force immediately before the commencement of this Act, which shall cease to have effect upon the commencement of this Act (in this Part referred to as the former agencies) shall, by virtue of this subsection be transferred, vested in, imposed or be enforceable against the respective tourism agencies established under this Act.

21. . Read the Tourism hospitality and Events Guidelines 2018 and provide a critical review (Document attached).

The guidelines and requirements are intended to achieve two strategic goals, namely; to enable quality entertainment and its management, and; to protect the entertainment providers and consumers assuring them of value for their investment.

 

For an entertainment service provider and or a place of entertainment to have been qualified as being compliant, it shall be required to comply with the following:

• Content exhibition license
• Business registration
• Lease agreement
• First aid
• Liquor license
• Single business permit
• Occupational Permit
• Public Health License
• Copyrights Board Approved Collective Management Organization (For collection of royalties and performance fees)
• Electrical permit
• NEMA license
• Insurance

The following standards guidelines shall apply in provision of entertainment by providers and venues in Kenya:

Ensure quality / high standards of service appropriate to the type of entertainment and enterprise. And adherence to legal compliance issues under guiding the entertainment sector

All buildings must conform to the requirements of the National Construction Authority (NCA), County laws / regulations and any other relevant legislation.

 

 

All drinking water whether sourced on site or brought on to the site must be safe for human consumption.

Entertainment premises, Promoters and event organizers shall have a security management team comprising of security personnel, security guards and police (where need be). Where the number of persons is in excess of 500 the requirement shall be 1:50 per security personnel and notification issued to the local security authority for both buildings and temporary structures

The premises shall conform to the National Fire Safety Standards (KEBS, Factory and other Places of Work Act (2007).

Events premises whether permanent or temporary should make provision for the following:

Electrical installation, after completion, shall be inspected, tested and certified by a registered electrical contractor. Old electrical installations should be audited regularly and a certificate of compliance issued.

Where natural lighting is provided with opening(s), the opening(s) shall be; situated in an external wall, or in a suitable position on the roof of the building; UV lights shall be eliminated or substituted wherever possible. Where, for the purposes of natural ventilation, a premise is provided with an opening(s) the position of opening(s) shall be such as to enable the premise to be ventilated. Where artificial ventilation is used ventilation ducting, shafts and ventilation air filters generally shall be maintained in a clean condition and periodically as may be necessary to maintain a satisfactory flow of air supply.

 

The structure shall be designed to ensure that excessive noise emissions from the activities within the property (i.e. amplified music) does not adversely impact on residents/occupants of surrounding properties.

Smoking shall be strictly prohibited in non-designated areas of the entertainment venue. Designated smoking zones shall be clearly marked and should meet the requirements under the Tobacco Control Regulations of 2014.

Premises involved in the handling of food will be subject to the requirements of the Food Safety Standards, Public Health Act and other licensing requirement

A sufficient number of suitable receptacles for refuse storage shall be provided. These receptacles shall be covered, lined and maintained in a clean condition.

At no time shall any illegal drug/s be brought into or consumed in the entertainment environment.

Consideration must be given to glare and/or heat emanating from the performance/stage or other areas adjacent to where musicians are working. Adequate lighting must be provided. Initial sound checks and audio tuning must be scheduled so that other cast and crew members are not exposed to noise hazard.

Fire arms and owners of firearms in any event or entertainment occasion shall at all times be governed by the Firearms Act Cap 114 of 2015, Laws of Kenya.

There shall be a binding contract between the entertainment host and provider for the entertainment service.

All entertainment premises shall be required to conduct a Risk / Hazard analysis periodically as required by specified arms of the government.

Entertainment enterprise host and providers shall list all the hazards or possible situations associated with the event activity that may expose people to injury, illness or disease.

The entertainment enterprise must ensure that appropriate signs/warnings are provided to the audience in respect of access, special effects, e.g. strobe lighting, smoke. Special consideration in relation to animal use includes engagement of suitably qualified and experienced animal wrangler/s and, where necessary, veterinarian/s;

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