Funded by the American Hotel & Lodging Educational Foundation
Edited by the Loss Prevention Management Institute
An affiliate of HospitalityLawyer.com

Going Green And Sustainable Safety

by Fay Feeney, CSP, ARM
Editor - Safety Implications of Greening: Hospitality Executive Leadership Opportunities
Principal
Envision Strategic Group

Our ASSE Hospitality Branch chair, David Natalizia said it well in his introduction of the January 2008 white paper on Hospitality Greening.

Environmental concerns are big news today. “Green buildings” and “carbon-neutral” endeavors have received much media attention recently, and interest is growing in all things environmental. With increased public awareness, discussion of changes to our environment and rising oil prices, it is clear that “greening” is one of the major issues of our time.

If you agree, I challenge every professional to consider what is your role going to be in helping your organization “Go Green”?  I hope you take time to read our white paper.  I have started to formulate ideas on how EH&S professionals can leverage their practice expertise in this endeavor.  Till then, here are some ideas I have running around my head.

Let me begin with my definition of what “Going Green” means:

What Is Greening?
Greening or environmental stewardship means taking responsibility for reducing the environmental impacts of the services you provide and the businesses you operate.

The U.S. Environmental Protection Agency (EPA) has defined environmental stewardship as “an ethic of respect” for the inherent values of healthy natural systems (the environment) and as a practice that sustains those benefits for current and future generations.

Where I Think We Can Begin Leveraging Our EH&S Expertise:

  • We look for ways to sustain and build upon safety performance.  This process is a useful model when making green improvement.  We have to accept that each company culture will have a strategy, capital budget & timeline for improvements.  We’ll need to work in the range of baby steps to full eco-improvements.  From light to dark green. 
  • Greening is a culture change like a safety management program.  I like to say that it “starts at the top to improve the bottom line”.  A successful greening effort will look at opportunities to reduce energy costs and where you have recyclables that are worth money to other businesses.  There are many benefits that management can easily grasp as a rationale to take this on.  More savvy executives will understand the non monetary benefits of repositioning a brand as eco friendly.
  • Helping executive management understand the complexity of getting their team to execute a green strategy is not unlike a safety effort.  This is something that needs active participation and support to make improvements.  “Going Green” can not be done by the expert resource alone.
  • Safety, health and environmental professionals must understand the implications of this increased focus on environmental concerns. Ideally, efforts to make an operation more “green” can also result in improved safety and health for workers involved and for the general public.
  • Greening efforts eliminate or reduce some traditional risks, but they may increase existing risks or introduce new ones. Hospitality Branch members are ready to work within the risk assessment/management areas.

What Are Current Incentives On Going Green

The U.S. Green Building Council's Leadership in Energy and Environmental Design system is regarded as the national standard for green building design. It has been the standard many organizations, public entities and individuals had used to construct green buildings and homes.

The LEED system rates the effectiveness of "green" building across categories to determine the certification of a building. The certification range from highes to lowest is certified platinum, gold and silver.

One of the most areas of interest in green building is the indoor air quality category of LEED. The U.S. Environmental Protection Agency classifies indoor air quality as one of the top five environmental health risks today,  Studies have provided evidence that poor indoor air quality affects the health and performance of the people who work, live and study in buildings. Avoiding liability for poor indoor air quality can help in the context of workers' compensation claims and governmental regulatory violations.

The LEED standards can impact indoor air quality claims by ensuring that ventilation and airflow are at a level that minimizes the potential for adverse health effects within a building. In addition, a building owner, manager or developer can argue against a claim of injury from poor indoor air quality by demonstrating that the building meets the LEED standard for indoor air quality.

Legislative Update:

Facilities in “All Sectors of the Economy” will be subject to Upcoming Mandatory Greenhouse Gas Emissions Reporting

Facilities emitting carbon dioxide, methane, nitrous oxide, fluorocarbons, and other “greenhouse” gases will be regulated, potentially affecting tens of thousands of manufacturing, agricultural, mining, waste management, and other entities.

A twist in the national global climate debate is a bill arising out of Congress' recent activity before Christmas 2007. By virtue of a new congressional directive buried deeply in a FY 2008 appropriations bill, the U.S. Environmental Protection Agency (EPA) is now required to issue regulations for “mandatory reporting of greenhouse gas emissions above appropriate thresholds in all sectors of the economy of the United States.”  EPA must issue a proposed rule by September 2008 and a final rule by June 2009. (H.R. 2764, December 26, 2007).

It  specifies that EPA is to issue these mandatory requirements under its CAA authority. Under CAA §113, a facility that fails to file GHG reports in accordance with the new regulations could be subject to civil penalties of $32,500 per day, and any person who knowingly fails to comply could be subject to criminal fines and imprisonment.

California enacted the first economy-wide limits on greenhouse gases last year.  The law, AB32, intends to cut greenhouse gas emissions by 25 percent by 2020.

Congress is working on a bill by Sen. John Warner, R-Va., and Sen. Joe Lieberman, an independent from Connecticut.  The bill, expected to be the centerpiece of the Senate's efforts to address climate change, would cap emissions and gradually reduce them using a market-oriented cap-and-trade system in which allowances to emit greenhouse gases would be bought and sold.

The bill requires cuts in carbon dioxide and other heat-trapping gases from electric utilities, transportation and manufacturing, accounting for about 75 percent of U.S emissions.

The bill would cap greenhouse gases at the 2005 emission level starting in 2012 and gradually reduce them to 1990 levels - a 15 percent reduction - by 2020. The measure requires deeper cuts over the long term: a 65 percent reduction from 1990 levels by 2050.  The bill would not pre-empt tougher climate rules enacted by states like California and would offer incentives to states that act early.

I hope this has given you some thought about where you can connect your expertise to “Going Green.”  I am interested in keeping this conversation going on what needs to be done and the tools needed to do it.  Please let me know your thoughts, successes and challenges on “Going Green.”

Save the Date!

The Seventh Annual Hospitality Law Conference

February 9-11, 2009

Houston, Texas

Don't miss THE Conference addressing hospitality legal, safety, and security topics!

"What's New at HospitalityLawyer.com"

Announcing Hospitality LP DataShare -
Share Important Property Data and
Minimize Your Liability

Hospitality LP DataShare is an on-line data sharing platform  enabling hospitality companies to communicate important data relating to serious property incidents involving theft and criminal activity.  HLP!-DS provides hospitality companies an opportunity to analyze and compare risk activity and incident details between locations and across geographic areas, allowing them to better protect their customers, employees, assets and brands.

HLP! Case Management System (HLP!-CM) offers data entry, workflow, communication, alerts and reporting functionality for critical incidents, as well as loss prevention investigations and cases. This is a robust, yet scalable solution that is perfect whether you are managing one property, ten, or hundreds. With a link directly to the HLP!-DS platform to facilitate the data sharing process, data analysis is easy for users.  As an on-line data management tool, it can be accessed at HospitalityLawyer.com.

Read more about Hospitality LP Data Share

Pool & Spa Safety Act

On December 19, 2007, the President signed into law the Virginia Graeme Baker Pool and Spa Safety Act (pdf), named after the daughter of Nancy Baker and the granddaughter of former Secretary of State James Baker.  Graeme Baker died in a tragic incident in June, 2002 after the suction from a spa drain trapper her under water.

The new law is aimed at reducing the 260 pool and spa drownings each year involving children younger than 5 and suction entrapment deaths and injurie, by making pools and spas safer, securing the environment around them, and educating consumers and industry on pool safety.

The Act specifies that by December 19, 2008, swimming pool and spa drain covers available for purchase in the U.S MUST meet specific requirements.  Additionally, public swimming pools, wading pools, spas and hot tubs MUST meet requirements for installation of compliant drain covers.  In certain instances, public pools and spas MUST have additional devices or systems to prevent suction entrapments.

The U.S. Consumer Product Safety Commission  (CPSC) will implement and enforce this regulation. It is suggested you go to: www.cpsc.gov  for more information.

Product Showcase

Mark Hamilton,
President, RealTime Intelligence Solutions
704-295-7021

RealTime Intelligence software (REX) collects, analyzes and delivers today's information today, enabling immediate action affecting profits today, eliminating tomorrow's reports on yesterday's data.  Integrating with existing transaction and video systems, REX delivers real-time exception-based advisories, positively impacting key performance indicators in Operations, Loss Prevention, Facilities Management, IT, and Call Center.

RealTime Intelligence is a leading provider of configuration and real time management solutions for the hospitality, retail and technical services industries.  Our solutions add value by reducing effort associated with managing complex operations and providing real time alerts and telemetry on disparate systems, operations and processes across the enterprise.

Our customers include end-users of our products, product OEM partners and reseller partners.  We understand that these relationships are the most valuable assets of the company and work tirelessly to grow, cultivate and improve these relationships.

Our product is our purpose.  We continuously strive for excellence in product quality.  We understand that quality is a primary tenet of maintaining customer satisfaction and expect team members to take ownership of quality at every stage of the product lifecycle.

National Safety Month Announced for June 2008

Again, you have the opportunity to emphasize safety in your establishment in conjunction with a national effort.  At a time when the economy is stressed there may be an inclination to do some budget cutting in safety. As every safety professional knows “You pay now; or you pay later.” and, all too often “later” comes with a much heavier price.

The National Safety Council (NSC) challenges you this June to Make a Difference.  It is not too soon to begin planning your participation.

Make a Difference is the theme of the National; Safety Council’s 2008 National Safety Month observance.

Throughout June 2008, National Safety Month activities will address the most significant reasons for unintentional injuries and deaths in the American workplace, on the road, min the home and in the community.  NSC will offer tools and materials that can help you and your organization Make a Difference in both on and off the job safety.

To help with planning of your organization’s series of safety related activities, NSC offer the following schedule of National Safety Month weekly topics.

  • Week 1  - June 2-6 Emergency Preparedness
  • Week 2 - June 9-13 Distracted Driving
  • Week 3 - June 16-20 Poisoning Prevention
  • Week 4 - June 23-27 Falls Prevention

On Monday, June 30 the campaign will conclude with tips for a safe 4th of July and summer safety.

Go to: www.nsc.org/nsm/index.htm for assistance in implementing this important safety initiative for your establishment.

OSHA Reminder

The OSHA SUMMARY OF WORK-RELATED INJURIES AND ILLNESSES form which should have been placed on display for all employees as of February 1st should be moved to file as of April 30th.  It should become part of the 2007 Recordkeeping file and retained with that file for five years.

You are also reminded of the 30-year rule.  Any work-related injury or illness that requires at least an annual medical follow-up must be retained in a special file for 30 years; even though the employee may have left the organization’s employment.  Such incidents may, for example, include needle-stick, hearing loss, oxygen therapy for ingestion of toxic chemical fumes, etc.


HospitalityLawyer.com
P.O. Box 22888
Houston , TX 77227
HospitalityLawyer@hospitalitylawyer.com

DISCLAIMER: Nothing in this BULLETIN shall constitute a standard, an endorsement or recommendation of the American Hotel & Lodging Association (AH&LA), the American Hotel & Lodging Educational Foundation (AH&LEF), Fay Feeney, Envision Strategic Group, Hospitalitylawyer.com and the Loss Prevention Management Institute for any liability with respect to use of any information, procedure or product or reliance thereon by any member of the lodging or related industries.