Transcript Improving the quality and safety services in tourism and

© Dr. Jacqueline. Tanti Dougall LL.D.,
Improving the quality and safety
services in tourism and hospitality
as a condition for the successful
promotion of tourism products
•By: Dr. Jacqueline Tanti Dougall B.A.; LL.D.
© Dr. Jacqueline. Tanti Dougall LL.D.,
Improving the safety services in
tourism and hospitality
Hotels
Food
Transport
© Dr. Jacqueline. Tanti Dougall LL.D,
What are the major concerns in the
Tourist Industry? – In the hospitality industry
Safety
Security
Fire Threats
Riots
Food Safety
Hold ups
Water Safety
Robbery
General Health and
Safety © Dr. Jacqueline. Tanti Dougall LL.D,
Bombs
Tahrir Square violence devastates already rocky
tourism sector in Egypt
• Nov 24, 2011 :
• The head of the Egyptian
Federation of Tourism Chambers,
Elhami Zayat, said that Egypt is
threatened with being removed
from global touristic brochures if
there is not an immediate
cessation to the violence taking
place in Tahrir Square.
Source: eTN Rush [[email protected]]
© Dr. Jacqueline. Tanti Dougall LL.D,
Hotel
Gas
Explosion
• Questions asked over hotel gas explosion
• 24.11.2011 -
• Staff at the hotel hit by a deadly gas explosion
yesterday morning in Gran Canaria raised the
alarm that there was a strong smell of gas a
quarter of an hour before the blast, according to
reports today.
•
• Mogán - The explosion occurred in the Cordial
Mogán Playa Hotel as a tanker filled the hotel's two
10,000 litre tanks with propane gas. Reports this
morning say that the Norwegian holidaymaker who
suffered horrific burns died in hospital early today.
Two others have been airlifted to the Burns Unit of
a hospital in Seville. 23 people in all were hurt in
the explosion, which damaged several parts of the
hotel, forcing over 900 guests to be transferred to
other hotels in the resort.
© Dr. Jacqueline. Tanti Dougall LL.D,
Australian teenager electrocuted in
Bali
• November 26:
In Bali an 18 year old
Australian teenager touched a lamp-post
where other workmen were working, and he
got electrocuted. Within minutes he died.
• Police say that criminal negligence is being
blamed since workers were just working on
electricity near by.
© Dr. Jacqueline. Tanti Dougall LL.D,
• Lack of safety and security means the:
Loss of
Life
The jeopardy of
millions of dollars in
the tourism sector due
to cancellations and
negative publicity
The testing of
law enforcement
and governments
Question of the level of
Protection given to
tourism in that State
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To act in a
way least
likely to
cause harm
SAFETY
Freedom of
danger or
chance of
injury
Security
from Risk
© Dr. Jacqueline. Tanti Dougall LL.D
.
How Could we improve on
Quality and Safety in Tourism?
LAWS
TRAINING IN
ENFORCEMENT
RISK
MANAGEMENT
© Dr. Jacqueline. Tanti Dougall LL.D,
EC Regulations 1348/2000
updated with 1393/2007 on
the `Service in the Member
States of Judicial and
Extrajudicial Documents in
Civil
or
Commercial
Matters` .
European national in one Member
State could file judicial proceedings
before the European Court of his
Member State, and this by servicing
the judicial acts onto the EU
Company where the accident
happened/file for claim, rendering
that Company as defendant in the
law suit.
11
?
• What happens if the case is decided in
favour of the Plaintiff?
• Plaintiff could enforce the relative
judgment against the same company
Company through the Member State Courts
EU
12
• EC Regulations 44/2001 on `Jurisdiction
Recognition and Enforcement on Judgments
in Civil and Commercial Matters`.
The Hotel represents a small world where every
aspect has to be in line with legal provisions
Environment
Water Safety
Food Safety
Front of
House
13
Rooms
Engineering
Section
© Dr. Jacqueline. Tanti Dougall LL.D,
Spa Area
Danger Zones
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© Dr. Jacqueline. Tanti Dougall LL.D.,
Claims by Guests and Staff
Food Poisoning
Slips/Trips and
Falls
Occupational Health
and Safety by Staff
Death
Injuries Suffered
Claims
© Dr. Jacqueline. Tanti Dougall LL.D,
Thefts from
Rooms/Cloak
Rooms etc
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How many laws relate to the Hotel
Industry?
Criminal
Law
Civil Law
Public
Health Act
National
The Tourism
Authority
Act
Law
Food Safety
Legislation
Occupational Health
and Safety
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© Dr. Jacqueline. Tanti Dougall LL.D,
Water
Safety
Why is signage important in a hotel
environment?
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•
•
Evans versus Kosmar Villa Holidays
(November 2007)
•
•
•
•
•
•
•
It is universal;
It is easily legible – pictorial;
There are no language barriers;
Red: Prohibition
Blue: Mandatory
Green: Emergency signs/Safety signs
Amber: Precautionary
© Dr. Jacqueline. Tanti Dougall LL.D.,
Risk Management
• Was one
acting
with
reasonable
care?
Yes/NO
• Was there
contributory
negligence?
Yes/No
• Were
preventive
steps take
to avoid the
harm?
Yes/No
© Dr. Jacqueline. Tanti Dougall LL.D,
• Was
there a
breach
of duty?
Yes/No
On a European Level Risk Management
and Risk Assessments play a vital role
89/391/EC (1989)
ON THE INTRODUCTION OF MEASURES TO ENCOURAGE
IMPROVEMENTS IN THE SAFETY AND HEALTH OF WORKERS
AT WORK.
Occupational Health and Safety Act
Dr. J. Tanti Dougall LL.D., H. & S. Legal
Consultant
© Dr. Jacqueline.
Tanti Dougall LL.D,
The Tourism Sector evolves around
Risk Management
Hazard
• Something with the Potential to do HARM
Risk
• The likelihood of harm occurring
Risk Assessment
• Calculation and reduction of risk.
Dr. J. Tanti Dougall LL.D., H. & S. Legal
Consultant
© Dr. Jacqueline.
Tanti Dougall LL.D,
Assessing the Risks in the Workplace
Identify the Hazards and Who
is at Risk
Evaluate the Risks and Decide
on Precautions
Record the Findings and
Implement them
Review and Update the
Assessment
Dr. J. Tanti Dougall LL.D., H. & S. Legal
Consultant
© Dr. Jacqueline.
Tanti Dougall LL.D,
Ensure that a proper
check was made
The People who are
affected have been
included
Record the findings and
implement them
It is ensured that the
significant hazards
have been enlisted
Precautions are
reasonable, and the
remaining risk is low
© Dr. Jacqueline. Tanti Dougall LL.D,
Design versus Safety?
© Dr. Jacqueline. Tanti Dougall LL.D,
Spa Areas
Wet Floors-inappropriate draining
© Dr. Jacqueline. Tanti Dougall LL.D,
Inappropriate Signage
Directive 92/58/EEC of 24 June 1992 on the minimum
requirements for the
provision of safety and/or health signs at work
“Employers shall provide safety and/or health signs as laid
down in this Directive where hazards cannot be avoided or
adequately reduced by techniques for collective protection
or measures, methods or procedures used in the
organization of work, or ensure that such signs are in
place.”
• Employers shall take into account any risk evaluation made
in accordance with Article 6 (3) (a) of Directive
89/391/EEC.”
• “Effectiveness of a sign must not be adversely affect by
poor design; ... incorrect positioning...”
© Dr. Jacqueline. Tanti Dougall LL.D,
Can you see the glass?
© Dr. Jacqueline. Tanti Dougall LL.D,
Unlit Pool at Night
Notice that the light is only coming only from the flash of
the camera.
This is a children's pool and there is
entertainment around the pool area at night.
© Dr. Jacqueline. Tanti Dougall LL.D,
Inside a Hotel – It could also be
outside
the hotel
Dr. J. Tanti Dougall LL.D., H. & S. Legal
Consultant
© Dr. Jacqueline.
Tanti Dougall LL.D,
Finding the Hazards in a Children's Area
Dr. J. Tanti Dougall LL.D., H. & S. Legal
Consultant
© Dr. Jacqueline.
Tanti Dougall LL.D,
Seeing the dangers
23
centiDr. J. Tanti Dougall
LL.D., H. & S. Legal
metres
Consultant
© Dr. Jacqueline.
wideTanti Dougall LL.D,
Up to 1
storey
high
Has the danger been resolved?
Dr. J. Tanti Dougall LL.D., H. & S. Legal
Consultant
© Dr. Jacqueline.
Tanti Dougall LL.D,
Fire
Are fire doors blocked?
What kind of
entertainment is
permitted
Is their an easy access way
Are the exits marked
© Dr. Jacqueline. Tanti Dougall LL.D,
Legal Obligations
To act a bonus
paterfamilias
Duty of Reasonable care
To reduce accidents and
incidents as far as is
reasonable practicable
© Dr. Jacqueline. Tanti Dougall LL.D,
The Employer must:
1
2
3
• Select suitable qualified people to do the work
• Provide training where necessary
• To ensure that those in charge had the
knowledge and ability to see that the work is
done safely.
© Dr. Jacqueline. Tanti Dougall LL.D,
..
What kind
Are security The Ability
of work is
checks
to Perform
to be
required?
a Job
performed?
© Dr. Jacqueline. Tanti Dougall LL.D,
Principles of Risk Assessment
Identify Hazards
• Identify the People who may be harmed
Evaluate the risk by considering existing
precautions
• Record the findings
Review and Revise as Necessary
© Dr. Jacqueline. Tanti Dougall LL.D,
Employer's Duties: Creating a Safe
System of Work by providing:
Training
Safe Systems of
Work
Appropriate
Supervision
Written Policy
Statement
Risk Assessments
Safe Equipment
Instruction
Dr. J. Tanti-Dougall B.A.; LL.D.
© Dr. Jacqueline. Tanti Dougall LL.D,
37
Criminal Case
The State versus
the Individual
A Fine/
imprisonment/
Civil Case
The Individual versus
the individual
Compensation
Licence Revoked
Beyond Reasonable
Doubt
A balance of
Probability
The Individual/
Insurance (?)
The Company's
Directors
© Dr. Jacqueline. Tanti Dougall LL.D,
38
The importance of distinguishing
between:
Accident
© Dr. Jacqueline. Tanti Dougall LL.D,
THANK YOU
Presented by:
Dr. Jacqueline Tanti-Dougall B.A., LL.D.
Contact
Tanti-Dougall Law Firm
91A/Archbishop Street, Valletta, Malta
Mobile: 00356-9944-1187
E-Mail: [email protected]