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    Assignment 15th Batch

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    Assignment 15th Batch

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    29 views2 pages

    Assignment 15th Batch

    Uploaded by

    gagon-2021816127

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    Department of Tourism and Hospitality Management

    University of Dhaka
    Course Code: THM-215 (Business Law and Legal Issues in Tourism)

    Assignment # 1

    Case Study

    Carlos Magana was a Spanish-speaking custodian working in a health-care facility


    kitchen. Bert La Colle was the new food and beverage director. Mr. La Colle instructed Mr.
    Magana to clean the grout between the red quarry kitchen tile with a powerful cleaner that
    Mr. La Colle had purchased from a chemical cleaning supply vendor. Mr. La Colle, who did
    not speak Spanish, demonstrated to Mr. Magana how he should pour the chemical directly
    from the bottle to the grout, then brush the grout with a wire brush until it was white.

    Because the cleaner was so strong, and because Mr. Magana did not wear protective
    gloves, his hands were seriously irritated by the chemicals in the cleaner. In an effort to
    lessen the irritation to his hands, Mr. Magana decided to dilute the chemical.

    He added water to the bottle of cleaner, not realizing that the addition of water would
    cause toxic fumes. Mr. Magana inhaled the fumes while he continued cleaning, and later
    suffered serious lung damage as a

    Result.

    Mr. LaColle was subsequently contacted by OSHA, which cited and fined the facility for
    an MSDS violation. Mr. LaColle maintained that MSDS statements, including the one for the
    cleaner in question, were in fact available for inspection by employees.

    Questions:

    I. Did the facility fulfill its obligation to provide a safe working environment for Mr.
    Magana? [2.5]
    II. What should Mr. LaColle have done to avoid an OSHA violation? [2.5]

    1
    Assignment # 2

    Case Study
    Trixie Mitchell managed The Dusty Cellar, a bar near a college campus. She was
    active in her business community and served on the college’s Presidential Advisory Board
    for Responsible Drinking. All servers and bartenders in her facility were required to
    undergo a mandatory four-hour alcohol service training program before they began their
    employment and to take a required refresher course each year. Each server was certified in
    responsible alcohol ser- vice by the national office of Ms. Mitchell’s hospitality trade
    association.
    On a busy Friday night during the fall football season, one of Ms. Mitchell’s servers
    approached a table with four female patrons. Since all appeared to be near 21 years old, but
    well under the 35-year-old limit Ms. Mitchell had established for a mandatory identification
    (ID) check, the server asked to see a picture ID from each guest. The server checked each
    guest’s ID—verifying the age, hair color, general likeness, and absence of alterations to the
    ID card—and then requested—in a practice unique to Dusty’s—the mandatory recitation
    by each patron of the birthday and address printed on the ID. Since all four guests passed
    their ID checks, the server served the patrons. Each guest had three glasses of wine over a
    period of 90 minutes.
    The next day, Ms. Mitchell was contacted by the state ABC and an attorney for the
    parents of a teenager whose car was involved in an accident with one of the four patrons
    served the prior night. It had been established that one of the patrons, whose ID had been
    professionally altered, was 20 years old, not 21. This patron was involved in the auto
    accident as she left the bar and drove back to her dorm room. The ABC began an
    investigation into the sale of alcohol to minors, while the attorney scheduled an
    appointment with Ms. Mitchell’s attorney to discuss a settlement based on the potential
    liability arising from the Dram Shop Act legislation enacted in Ms. Mitchell’s state.

    1. Did Ms. Mitchell break the law by serving alcohol to an underage student? [2.5]

    2. Are Ms. Mitchell and her business liable for the acts of the underage drinking if her state
    has enacted Dram Shop legislation? [2.5]

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