Handwashing On Trial Avoiding legal action with a five step hand hygiene system

1
Handwashing On TrialAvoiding 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 MarterClarks 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
4
(No Transcript)
5
Outbreak at Casualees

• June 21-25, 2006

6
Barton Kohl

• 24 people sick
• All had eaten at Casualees 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 Departments Report
The investigation revealed that an infected
food-worker, who failed to wear gloves as a
prophylactic measure against the spread of
disease, was the most likely cause of this
outbreak.
9
David Ludwigs 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 defendants control
• That the plaintiff was injured and
• That the unsafe condition of the product was a
  proximate cause of plaintiffs 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

We put care into every bite. From Company
Motto
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 EXPERTJim Mann

• Based on my review, the hand-washing frequency
  at CasuaLees was equal to the industry average
  of one hand-wash per employee every two hours.

? Meeting the Existing Industry Standard.
20
No Evidence of Knowledge.

• Linda Snopes was asymptomatic.
• Active Health-monitoring in place.
• No one reported being ill.
• Salmonella is invisible.

If CasuaLees had KNOWN Linda Snopes was
infected, it would have prevented her from
working.
21
Handwashing For Lifes Hands-On System

• A 5-step Best Practices management system for
  the Person In Charge (PIC)

• Assess Risk
• Establish Safe Level for Handwashing
• Optimize
• Process
• Equipment - making it easier to
     do the
  right thing
• Supplies
• Train Motivate
• Monitor integrated auditing

22
Handwashing For Lifes Hands-On System

• Assess Risk
• Growing
• The Seek factor
• People served

23
It is a Growing Risk
24
a multiplying risk
E-coli
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
  820 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 Medias insatiable appetite
• The MarlerClark factor

28
Legal Trends Its Called STRICT Liability for
a Reason

• The only defense is prevention.
• It doesnt matter if you did your best, tried
  your hardest, and didnt know.
• If you sell a product that makes someone sick you
  are going to pay.

Its STRICT
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 Lifes Hands-On System

• Establish Safe Level for Handwashing
• Quality
• Frequency
• Worksheet

31
ProGradeEach employee periodically
demonstrates their handwashing proficiency.
Handwashing establishing your Safe Level for
quality
32
Handwashing FrequencyMyQ - Safe Level Worksheet
33
Break this chain! manage as if you have an ill
employee on every shift.
Fecal
Hand
Oral
34
Hep A Patient with Jaundice
35
Las Vegas Hand Hygiene Capital of the WorldThe
war on virus - Hep A report
36
Handwashing For Lifes Hands-On System

• Optimize
• Process
• Equipment
• Supplies

37
Optimize Adding the Measurement Multiplier
38
3. Optimize and measure

• Process
• including how to audit
• Equipment
• including auditing
• Supplies
• integrated distribution

39
Handwashing For Lifes Hands-On System

• The Why, The When The How Video
• Pledge of Professionalism Poster
• Frequency Selector Poster

40
4. Train Motivate The Why you need to wash
41
Handwashing For Lifes Hands-On System

• The Why, The When The How Video
• Pledge of Professionalism Poster
• Frequency Selector Poster

42
Documented Success and a path of continuous
improvement.
5. Monitor
43
The Front-of-House Portal

• CDC/Cruise Ship findings
• Las Vegas interventions
• School solutions
• Restaurant implications

44

No time. No water Sanitize!

• Entering school cafeteria
• Keeping cashier customer healthy

45
Handwashing For Lifes Hands-On System
Motivated. Measured. Managed. converted
from a game of chance.
46
The Handwashing Leadership Forum
Plan, Build Equip
Supply
Operate
47
Contact us

• Jim Mann
• Executive Director
• The Handwashing For Life Institute
• 1216 Flamingo Parkway
• Libertyville, IL 60048
• jmann_at_handwashingforlife.com
• 1.800.446.3628