Laws On The Restaurant Business example essay topic

In the business world every business has its own set of laws and regulations to follow and adhere too. Some have very few laws and others have so many it is mind numbing but, each law is set up to protect every worker, customer or person associated with that business's location. However, some of these laws are outdated or just plain unnecessary in today's 21st century business environment. The business that I chose to examine is the restaurant industry. I chose it because I have a great love for cooking and I hope to someday open my own restaurant.

It made great sense to learn some of the laws now while still in school that could impact my future business endeavors. First I will review the laws and regulations pertinent to the restaurant business and then I will explain the impact of those laws on the restaurant business. The first laws that I found were the laws from OSHA. OSHA contains many laws that are designed to create a safe workplace and keep workers out of situations that can be potentially harmful. Without OSHA many workplaces would be a lot more unsafe than they are now.

OSHA reduced the number of work place injuries and deaths, making it one of the most important sets of laws to govern all business and especially the restaurant business. OSHA calls for two different types of fire prevention equipment to be placed in all restaurants. First it calls for automatic sprinklers to be installed per OSHA standards. These standards are that they have a certain spraying pattern, densities, water flow that can cover the whole area that it is above. After meeting those specs the business then has to get the system to meet water supply standards. Basically the standard is that the system has a water supply that can flow for thirty minutes.

The next statute that must be met is the piping needs to be protected from freezing and corrosion from the surrounding environment. This assures that if a fire occurs the piping will be able to take the water pressure that is flowing through to the sprinkler system. Also it calls for the system to have a proper drainage system that allows the system to drop the water from the sprinkler system and then have it drain back into a reservoir. The final statute from OSHA 1910.159 is that the sprinklers be spaced so that they can cover a maximum area while only hanging no less than 18 inches above the ceiling. OSHA regulation 1910.157 calls for the placement of portable fire extinguishers, maintenance and testing of portable fire extinguishers in all businesses.

This regulation also states that the extinguishers should be marked clearly and placed in an area that is easily accessible at all times. The exemption to this regulation is when a business has a written fire code that calls for total evacuation in case of a fire. If this type of plan exists a business can get away with not having fire extinguishers all around. These regulations are good for the restaurant business because it lets both the employee's and the customers know that they have a good safety system installed if a fire arises. As well it keeps the kitchen area safe from small grease fires and other things that can happen in a kitchen area suddenly and unexpectedly. Although old these two regulations are still very necessary and very relevant to today's restaurant owner.

OSHA regulation 1910.22 explains the general safety requirements and markings associated for them. It states that all passageways, storerooms and service rooms should be keep sanitary at all times. Also it states that the floors of all workrooms need to be clean and kept relatively dry and if water can be left standing in an area drainage holes should be present to drain the water and keep the floor as dry as possible. Most importantly it states that aisles need to be wide enough for two-way traffic and also be kept in good shape with no obstructions that can cause a hazardous situation. The next regulation (OSHA 1910.141) deals with sanitation in places of permanent employment. It deals with the issues of having a toilet (for both excretory functions), the maintaining of a clean and sanitary work area, and for restaurants, the issue of food handling.

These are the detailed explanations of each of these statutes. Statute 1910.141.. c explains the regulations on toilet areas and such. It states that toilets for both sexes must be provided in accordance to the total capacity of the restaurant with relation to separate employee and customer areas. Generally a restaurant will have separate male and female bathrooms in the customer area with the number of toilets determined by the size of the restaurant and a single unisex bathroom in the kitchen area. It then states that all bathrooms shall be provided with both hot and cold running water, hand soap and some type of hand towel (cloth, paper, etc. ).

The next statute deals with the sanitation of the work area. It says that floors should be kept in a clean and dry manner and if any spills occur they should be cleaned using proper cleaning methods. In case of a more toxic spill proper precautions need to be taken and spill should be cleaned in a timely and proper fashion. Also it states that all sweepings, solid and liquid waste must be removed in a manner that avoids the creation of a health problem.

Trash receptacles must be constructed in a manner that does not allow leakage or anything else that can cause unsanitary conditions and they must have a tight fitting lid unless it can be maintained in a sanitary condition without a cover. Finally it says that measures must be taken to keep the restaurant free from infestations from vermin, insects and rodents. An ongoing plan to keep vermin out must be in place and an effective plan must be enacted if a vermin presence is found. Each of the regulations that keep the kitchen clean and sanitary also applies to the dining area.

Tables must be cleaned with a suitable cleaning solution, floors must be swept and moped and kept dry and safe. Finally the whole restaurant must be kept in clean, sanitary shape to ensure that the customers have a good and safe meal. The final part of this statute deals with food handling by employees. It says that all food must be kept in proper storage based upon its type (all meats, fruits, vegetables and dairy products must be placed in cold storage as per health department regulations. Generally cold storage is kept at about 40 degrees with all meats placed in ice baths to ensure sanitation.

Also all food preparation must be carried out with gloved hands to ensure that nothing is transmitted from the material to the person or vice versa. All of these statutes are designed to keep the restaurant clean and sanitary for both workers and customers. If these laws weren't in place going to a restaurant would be very dangerous because you would have no clue if a worker was cutting your meat with an infected knife or preparing food after going to the bathroom and not washing his hands. These give customers a reasonable sense of safety and assurance that they are getting fresh, safely and sanitarily prepared food.

Along the same lines as the OSHA food handling laws are laws set up by the Health Dept. to ensure quality food and no food borne illnesses being passed on. This law sets the minimum standard at which beef, pork and chicken can be cooked. Those limits are 160 degrees for beef, 145 for chicken and 170 for pork. These minimum cooking temps ensure a safe product.

The final set of OSHA regulations (1910.151) deals with first aid and medical services. The overview states that an employer must ensure that medical aid is available in the case of an emergency. In the case of a restaurant workers must be trained about first aid and medical first aid kits must be readily available. Also it states that in cases where it can be anticipated than a worker may come in contact with blood proper precautions such as rubber gloves, masks shall be provided in the med kit. Finally it states that eyelashes should be made available if the workplace has any types of corrosive chemicals that can damage the eyes.

Overall this statute exists to make sure that any injury that can occur has a temporary solution until trained medical help can be achieved. In a restaurant the med kit is always available due to the frequency that cuts and falls do happen. Without this statute, if an injury occurred the injured would have to wait for medical help instead of being able to take some precautionary measures with a med kit. This laws keeps workers from having simple cuts go into very nasty infections and such. It keeps workers safe. The Equal Employment Opportunity Executive Order was enacted in 1965 as another portion of the end of segregation.

This law guaranteed that any person could gain employment no matter what their race was. It opened many doors, as far as employment is concerned, for many ethnic groups. The EEOC makes sure that discrimination is not allowed in both civil and government situations. First I will talk at what the EE OEO says about compliance and non-compliance with the EEOC. When a contractor enters into a government contract many provisions are added to ensure that racial discrimination is not tolerated.

Some of these provisions include that all qualified applicants will be reviewed regardless of race, age, religion, sex or national origin. Also final decisions as far as employment cannot be made based upon a racial belief or prejudice. Failure to comply with this Executive Order leads to fines, loss of all present and possible future contracts and a negative public image. Also lawsuits from several areas are normal when a company is found to violate these provisions. Another regulation from the EEOC is the Equal Pay Act. This act states that for jobs of equal type and in general men and women should be paid the same.

This act ensures that women can get the same amount of money for the same type of work despite prejudices against women and attempts to in some way keep women from taking an equal position with men. The final section of laws deals with labor laws from the Department of Labor for both adults and teens / children. These laws are necessary to ensure that no one is taken advantage of and overworked. These laws are important, so lets go look at what these laws are.

The first statute states that a full workweek is comprised of 40 hours. Anytime worked over that will be overtime subject to time and a half payment. This makes sure that any worker who works over 40 hours is compensated for the extra time that they put into working when they were supposed to be off and having free time. Sometimes this law is amended to say that any work done after 8 hours in a day is considered overtime and is subject to time and a half pay rate. On the other hand, for teenagers, the laws are very different. During school time a teen cannot work more than 4 hours and no more than 20 hours in a week.

This limit is designed to keep the student / teen from getting to wrapped up in work and not being able to function in school at the level they should be. This law was a direct creation from the banning of child labor laws in the early 19th century. Another law that pertains to only teens and not adults is working near hazardous equipment. An adult can be trained to work on hazardous equipment and near hazardous materials while a teen is barred from this practice by Labor Laws. Teens are barred from this because of the fact that an injury is more likely with a teen because they get distracted easier and aren't properly trained either. The final law that the U.S. Department of Labor has is the establishment of a minimum wage.

This wage is $5.25 and hour and is the lowest that any company can legally pay a worker per hour. This law makes sure that all workers are paid a wage that can at least allow them to live. Without this law wages would be an arbitrary concept that the employer would be allowed to pull from nowhere. The final law is based upon the principle of reasonable care. This states that one must take reasonable care with property and such.

This pertains to restaurants in that the owner must take reasonable care to provide a safe, healthy and clean environment for customers to eat in and for workers to work in. The laws that I have researched each have very different pasts. Some are old laws that are still pertinent in today's hi-tech society of business. Others are laws that were enacted in the last 30 years due to changes in both culture and the ways business is done.

Here are brief histories of the three major types of law I researched. President Nixon signed OSHA into law in 1970. It came to be because of fears due to the rising numbers of deaths on job sites in the 20 years before OSHA was signed. Not just on the job deaths prompted the passage of OSHA but workplace injuries as well. Too many people had been disabled on the job and the Government said that it was time to ring these numbers down. OSHA is also known as the Williams-Steiger act because of the two men who fought for its passage the most, Rep. William A. Steiger and Sen. Harrison A. Williams.

To this date OSHA has been the main reason that deaths and disabilitating injuries per year have gone down in the United States. OSHA helps the restaurant industry because it protects the workers from injury and harm, which in essence saves the restaurant from having to search for new employees and paying medical bills. Although a selfish thought the business of a restaurant is to make food and money, so being able to keep all workers healthy and happy translates into more money and business to a clean and safe restaurant. So OSHA helps the industry as a whole by keeping more money in the business instead of out in the form medical bills and workers comp. The next law to review is the EEOC. The EEOC was established as part of the Civil Rights Act of 1964 (Title VII).

It began actual operation on July 2nd, 1965 and began to regulate discrimination in the work place. The laws that the EEOC has help establish include the Equal Pay Act of 1963 and the Age Discrimination Employment Act of 1967. The EEOC has fought for the rights of everyone that segregation held down. The EEOC has helped the industry very much. It has allowed restaurants to be choosy on whom they hire based upon ability and skills not skin color. Also it has allowed restaurants to hire a more diversified staff that brings totally different ideas to the restaurant that make each place unique.

Finally the EEOC helps the industry by allowing people who couldn't get into culinary arts jobs to get into them and make their mark. Finally let's examine the history of the laws the Department of Labor has enacted. The D.O. L was established in 1913 by congress to promote the improvement of working conditions for all workers. The Fair Labor Standards Act established overtime laws, minimum wage and child labor laws in the 1930's. To this day that law exists, in a revised version to fit the needs of the USA today. The Fair Standards Act has helped the industry in many ways.

It has kept misuse of employees down and gave them a way to fight for themselves if they are worked over 40 hours and not compensated with overtime. Also it has helped the restaurant industry by preventing children or teens from being put into a situation where they could be harmed by large machines. Overall it has made sure that workers aren't abused and treated badly by owners and not even paid in a way that allows them to live in a normal way. There is only one change that I feel the Department of Labor should enact. That is a raise in the minimum wage. Many friends I have work so hard for their $5.25 and never really have much to show for it.

If the minimum wage was raised many people who are working two part time jobs to make ends meet would have a better chance of making those ends meet. Not to mention raising minimum wage could spur the economy by placing more spending power into the hands of the demographics that tend to spend the most, the youth of America. In this country we have seen the world of business change over and over. As the country has grown so has the need to keep our workers safe and happy. The laws I have discussed are meant to keep the restaurant industry a safe and happy place for the many people who work in them day in and day out.

Without those laws the restaurant industry would not be a very healthy or safe place to frequent as much as American people do. So each of the laws are essential to making the industry profitable and safe.