Cracking the Code What a Facility Manager Needs to Know about Safety Codes in the Restaurant Industry Panel Rick Gerlach Moderator. Senior Director of Safety @ Cintas Mike Prestonise VP at ADA Compliance Team (ACT) Rich Fairfax Former Deputy Assistant Secretary at OSHA Sean McLaughlin Cintas Fire Protection. NFPA Importance of Safety Employee and Customer Safety Loss of business Who s accountable? 1
ADA and the Restaurant Industry Mike Prestonise The Basic Requirements of the ADA: Start from the street & work your way inside 1. Site Entrance (Warning) Signs Tow Away 2. Accessible Path-of-Travel from Public Transportation to the front door / entrance of the business 3. Compliant ADA Disabled Parking Stall(s) with accompanying Accessible Aisle(s) 4. Compliant ADA Accessible Route from Public Transportation and Disabled Parking to the front door 5. Compliant level landing immediately preceding entrance Accessible Route A continuous path connecting accessible elements and spaces of an accessible site, building or facility 1. Negotiated by a person with a disability using a wheelchair 2. Safe for and usable by persons with other disabilities Interior accessible routes may include: 1. Corridors, hallways, floors, ramps, elevators and lifts. Exterior accessible routes may include: 1. Parking access aisles, curb ramps, crosswalks at vehicular ways, walks, ramps, and lifts. 2
Signage & Location Parking Curb Ramps, Blended Transitions and Islands 3
Doors, Doorways, Gates What is a Formal Transition Plan? A Formal Transition Plan is a written plan to upgrade / improve / update your existing ADA elements from non compliance to compliance. The basic components are: 1. Each one is designed & created based on the findings of either a CASp or ADA site inspection, 2. Usually covers more than one year & can cover 10+ years in length, 3. Has a proposed calendar of completion built into the document, 4. When constructed properly, it outsources virtually all of the liability to the General Contractor and his / her subcontractors, 5. Places the accountability of the finished work on the General Contractors and his / her subcontractors, not the Owner. OSHA and the Restaurant Industry Richard E. Fairfax, CIH 4
OSHA Targeting Minimal OSHA focus on the Restaurant Industry Mostly through worker complaints OSHA Focus and targeting Construction Manufacturing Unprogrammed Inspection Activity Complaints Fatalities Basic Requirements OSHA Poster If 10 or more employees then have to maintain the OSHA 300 forms Injury and illness reporting Compliance with applicable OSHA standards Most recent OSHA Standard Record Keeping Effective January 1 st, 2015 Impacts Reporting within 8 hours Fatality One or more hospitalizations Amputation Loss of an eye Some impact on who does and does not have to keep records 5
OSHA Inspections In FY 2013 60 Federal OSHA Inspections of restaurants 34 with violations Inspection Activity 34 inspections were complaints 12 health related 22 safety related 1 fatality inspection 4 follow up inspections 12 referral inspections 4 health related 14 safety related Inspection Activity Programmed or targeted inspections 7 I health related 6 safety related 70% violations classified as Serious No Willful violations 1 safety related repeat violation 18% of violations classified as other than serious 6
Inspection Activity Incompliance rate 30% Average number of violations per inspection = 2.0 Total Initial and final Penalty Health = $47,318 $31,576 Safety = $167,080 $101,536 Total = $214,398 $133,112 Regions I and II had the highest penalty $27,821 and $37,645 respectively Inspection Activity Average Initial penalty per Serious Violation = $2754 Health = $2312 Safety = $2947 Average final penalty per Serious Violation = $1837 Health = $1579 Safety = $1949 Percent penalty reductions 39% Contest rate = 4.5% Average hours per inspection = 21 hours Safety = 21 hours Health = 21 hours Programmed Inspections Your industry can get targeted through Local or National Emphasis Programs Fall LEPs Workers Compensation rates Amputations In the future through elevated Injury and Illness rates 7
NFPA and the Restaurant Industry Sean McLaughlin Overview NFPA, 10, 13, 17A, 25, 70, 72, 96, 101 and 720 Standards are ever changing and are updated approximately every 3 years AHJ adoption is generally 1 2 editions behind NFPA 70 90.4 The authority having jurisdiction for enforcement of the Code has the responsibility for making interpretations of the rules, for deciding on the approval of equipment and materials, and for granting the special permission contemplated in a number of the rules. 8
Carbon Monoxide Detection- NFPA 720 The Nassau County Fire Commission Office of the Fire Marshal has approved Article VIII to address the need for carbon monoxide detectors in new and existing buildings in Nassau County, New York. Carbon Monoxide Alarm / Detection devices shall be installed as part of a Fire Alarm System in new occupancies that require a Fire Alarm System to be installed. New occupancies that do not require the installation of a Fire Alarm System shall install Carbon Monoxide Alarm / Detection devices as independent single station or multiple station systems. Where a Fire Alarm System is maintained within an existing occupancy, the Carbon Monoxide Alarm / Detection devices shall be installed and interconnected to the existing Fire Alarm Systems. Exceptions: 1. Interconnection is not required in buildings that are not undergoing alterations, repairs or construction. 2. Carbon monoxide alarm / detection devices in existing areas are not required to be interconnected where alterations or repairs do not result in the removal of interior wall or ceiling finishes exposing the structure, unless there is an attic, crawl space or basement available which could provide access for interconnection without the removal of interior finishes. Carbon Monoxide Detection- NFPA 720 Exceptions: 1. Interconnection is not required in buildings that are not undergoing alterations, repairs or construction of any kind. 2. Carbon monoxide alarm / detection devices in existing areas are not required to be interconnected where alterations or repairs do not result in the removal of interior wall or ceiling finishes exposing the structure, unless there is an attic, crawl space or basement available which could provide access for interconnection without the removal of interior finishes. NFPA 17A-Wet Chemical Extinguishing ANSUL RECALL INFORMATION 1. The ANSUL R 102 system was involved in a recall. The recall required the replacement of ANSUL s Red Mild Steel Tanks. As a result all Red Mild Steel Tanks were required to be replaced using new stainless steel tanks. This recall began July 2009 and many of these tanks are still being found in service. At their hydrostatic date they are to be replaced. 2. In May 2013 ANSUL announced that the PIRANHA Red Mild Steel Tanks were also subject to this recall. 3. DO NOT hydrostatically test a red painted mild steel agent storage tank. Instead, replace the tank with a new stainless steel tank assembly (1.5 Gal (Part No. 438165), 2.25 Gal (Part No. 438166), or 3.0 Gal (Part No. 438167)). 9
NFPA 17A-Pre-Engineered Kitchen Suppression Systems 1. One of the more common deficiencies seen results from appliance line up shifts. 2. Any planned appliance replacements should be coordinated with your fire protection provider at the time of installation to avoid a deficient system or fire department violations. 3. In order to prevent unnecessary expenses, the appliance s correct location should be marked on the floor or locater blocks installed to ensure equipment returns to the proper location after cleaning operations. Improperly protected equipment is a violation of NFPA, manufacture s guidelines and fire department regulations. If appliances are not properly protected when a fire breaks out, results can be catastrophic. Sprinkler UL Testing As sprinklers age, the frequency in which they should be tested or replaced increases due to a higher rate of failure. 1. A representative sample of sprinklers for testing shall consist of a minimum of not less than four sprinklers or 1 percent of the number of sprinklers per individual sprinkler sample, whichever is greater. The sample should include a variety from each type of environment the sprinklers are installed. 2. Sprinklers should be selected from different floors or areas of the building and not selected simply because they are more accessible than other sprinklers. 3. Selection should take into consideration the age and types of sprinklers as well as environmental conditions to which they are subjected. Keep in mind that if a single sprinkler from the sample fails testing, all the sprinklers represented in that sample must be replaced. The sample can represent an entire system or one floor of a multi story building. 10
Sprinklers Over 50 Years Old 5.3.1.1.1 Where sprinklers have been in service for 50 years, they shall be replaced or representative samples from one or more sample areas shall be tested. Test procedures shall be repeated at 10 year intervals. Dry Sprinklers Over 10 Years Old 5.3.1.1.1.5* Dry sprinklers that have been in service for 10 years shall be replaced, or representatives samples shall be tested. They shall be retested at 10 year intervals. New Kid on the Block! Quick Response Sprinklers Over 20 Years Old 5.3.1.1.1.2 Sprinklers manufactured using fast response elements that have been in service for 20 years shall be replaced or representative samples shall be tested. They shall be retested at 10 year intervals. 11
KEC-NFPA 96 Up-blast Fan Access Panels NFPA #96 (2014) 8.1.6.3.1 Up blast fans shall be supplied with an access opening of a minimum 76 mm by 127 mm (3 in. by 5 in.) or a circular diameter of 101 mm (4 in.) on the curvature of the outer fan housing to allow for cleaning and inspection of the fan blades. 8.1.6.3.2 On existing up blast fans where sufficient access is not available to allow for the removal of grease contamination, an approved hinge mechanism or access panel shall be installed. 1. What the fan looks like after the access panel is cut. 2. The area that can now be cleaned. 3. What the fan will look like after the installation. Thank You Questions? 12