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1. Handwashing On Trial Avoiding legal action with a five step hand hygiene system
June 19, 2007
NEHA - 71st Annual Educational Conference
Jim Mann
Dion Lerman &
The courtroom cast led by MarterClark’s Denis Stearns
& Drew Falkenstein
2. The Courtroom Trial a live dramatization of Step 1, Assessing Your Risk
3. Hand Hygiene: A Game of Chance … or a managed system
5. June 21-25, 2006 Outbreak at Casualee’s
6. Barton Kohl 24 people sick
All had eaten at Casualee’s between June 21 and 25, 2006
19 of 24 sick people reported eating nachos
2 samples of leftover nachos tested positive for Salmonella
7. Linda Snopes Linda Snopes made the nachos
Linda Snopes tested positive for Salmonella
Linda Snopes did not wear gloves when making nachos between June 21 and 25, 2006
8. The Health Department’s Report
9. David Ludwig’s Case The plaintiff has the burden of proving each of the following propositions:
That the defendant supplied a product that was not reasonably safe in construction at the time the product left the defendant’s control;
That the plaintiff was injured; and
That the unsafe condition of the product was a proximate cause of plaintiff’s injury.
10. “Not reasonably safe” When the product left the control of the manufacturer, the product deviated in some material way from the design specifications or performance standards of the manufacturer, or deviated in some material way from otherwise identical units in the same product line.
11. “Not reasonably safe” When the product left the control of the manufacturer, the product deviated in some material way from the design specifications or performance standards of the manufacturer, or deviated in some material way from otherwise identical units in the same product line.
12. “Not reasonably safe” When the product left the control of the manufacturer, the product deviated in some material way from the design specifications or performance standards of the manufacturer, or deviated in some material way from otherwise identical units in the same product line.
13. “Not reasonably safe” When the product left the control of the manufacturer, the product deviated in some material way from the design specifications or performance standards of the manufacturer, or deviated in some material way from otherwise identical units in the same product line.
14. “Proximate cause” A cause which in a direct sequence produces the injury complained of and without which such injury would not have happened.
15.
16. A Track-Record of Safety: FOUR years without a failed inspection or fine.
No “critical violations” found in the last 18 months
Received B+ or higher in restaurant inspection grades for last three years.
17. A Long History of Serving Safe and Wholesome Food: ~ 16 restaurants
~ Over a million meals served annually
~ Not ONE confirmed case of food poisoning
in the last six years!
18. Food Safety Award Winner! Only top 10% of restaurants receive it.
Awarded by health department inspector.
No “critical violations”
19. HANDWASHING EXPERT: Jim Mann “Based on my review, the hand-washing frequency at CasuaLee’s was equal to the industry average of one hand-wash per employee every two hours.”
20. No Evidence of Knowledge. Linda Snopes was asymptomatic.
Active Health-monitoring in place.
No one reported being ill.
Salmonella is invisible.
21. Handwashing For Life’s Hands-On System A 5-step Best Practices management system for the Person In Charge (PIC):
22. Handwashing For Life’s Hands-On System Assess Risk
Growing
The Seek factor
People served
23. It is a Growing Risk
24. … a multiplying risk
25. E. coli: a victim's view “On Tuesday, July 31, 2001, our two-and-a-half year old son, Kevin awoke with diarrhea and a mild fever... On August 11th at 8:20 P.M., after being resuscitated twice, our beloved Kevin died.”
26. People Served
27. More seeking, more finding FoodNet - Foodborne Diseases Active Surveillance Network
PulseNet - early stage recognition
The Media’s insatiable appetite
The MarlerClark factor
28. Legal Trends … It’s Called STRICT Liability for a Reason: The only defense is prevention.
It doesn’t matter if you did your best, tried your hardest, and didn’t know.
If you sell a product that makes someone sick you are going to pay.
29. Food Code & Management Trends … more measurement, auditing & documentation
Hands-On System … multiplies compliance.
Active Managerial Control (AMC) & HACCP Hands
Integrated Auditing … inspector visits are valuable. Inspector value increases as documented systems reduce reliance on personally witnessed behaviors.
What gets measured gets done.
30. Handwashing For Life’s Hands-On System
31.
ProGrade™: Each employee periodically demonstrates their handwashing proficiency.
32. Handwashing Frequency MyQ™ - Safe Level Worksheet
33. Break this chain! … manage as if you have an ill employee on every shift.
34. Hep A Patient with Jaundice
35. Las Vegas: Hand Hygiene Capital of the World The war on virus - Hep A report
36. Handwashing For Life’s Hands-On System
37. Optimize … Adding the Measurement Multiplier
38. 3. Optimize … and measure
39. Handwashing For Life’s Hands-On System
40. 4. Train & Motivate: The Why you need to wash
41. Handwashing For Life’s Hands-On System
42. Documented Success … and a path of continuous improvement.
43. The Front-of-House Portal CDC/Cruise Ship findings
Las Vegas interventions
School solutions
Restaurant implications
44. Entering school cafeteria
Keeping cashier & customer healthy
45.
Handwashing For Life’s Hands-On System
46. The Handwashing Leadership Forum®
47. Contact us: Jim Mann
Executive Director
The Handwashing For Life® Institute
1216 Flamingo Parkway
Libertyville, IL 60048
jmann@handwashingforlife.com
1.800.446.3628
