Ms. Olsen

Spas, Health & Fitness

Spa Liability - Are You Paying Attention?

By Casey Olsen, Owner, Spa Sources

We offer the following guideline as a starting point to bring to light just some of the safety issues that you may not have addressed within your facility.

Let's walk through your facility and address each area for its potential jeopardy.

The Spa Reception Desk is your first line of defense in protecting you and your spa guest. Most visitors to a spa call your Reception staff first to inquire about services and make their appointments for treatments. While your staff has the guest on the telephone, a mention of policy to include health limitations should be approached. A generic statement mentioning that if the guest has a health limitation, someone who can give them assistance must accompany them. Your spa is not a clinic and lifting a person out of a wheel chair, for example, can become an issue for both the guest and the employee doing the lifting. Your staff is not trained to treat or assist someone with this mobility issue and if this is nicely explained to the visitor, your opportunity for a problem is greatly reduced. Also, when describing or scheduling certain treatments, the guest should be told about certain treatment safeguards. If again, for example, a loofah scrub is requested, mention should be made that shaving the legs prior t this treatment is not suggested or exposure to the sun both before and following this treatment must be limited due to the potential of sunburn.

Having been a part of the resort spa evolution since the early 80's, I have seen certain cities now require that each guest sign a release form prior to entering the spa facility. When this was first introduced it was looked upon as an invitation for the guest to be alarmed, however, this is not what resulted. When the Reception staff states, upon giving the guest this form, "the city requires that all visitors to the spa read and sign this form", guests typically quickly read and immediately sign, showing no concern. We all are aware that release forms often do not hold up in court if there is grave negligence, but can help to support your property's' position simply by showing attention to your guests health and safety. Certainly, at the very least, a sign located at the Reception desk that reads "Please bring any health concerns or limitations to the attention of management prior to using the spa" is recommended.

Depending upon the extent of services your spa offers, the vast majority of facilities have either one or all of the following - Steam, Sauna, Hydrotherapy, Showers. These areas have some of the greatest potential for injury. Since we have little or no idea what general health your guest may or may not be in, regulating these areas are crucial. Allowing your spa guest to sit in a hot sauna or hydrotherapy bath without monitoring is a very large gamble.

It is well known that heat raises the heart rate and can potentially result in any thing from fainting and light-headedness to a heart attack or stroke. I have consulted and toured hundreds of spas in my career and the number one issue that I immediately bring to notice is the ill attention to heat therapy monitoring. Medical experts have recommended that spas limit the guests' individual heat usage to 7 - 10 minutes with a 15 - 20 minute cool-down before re-visiting any heat opportunity. Signage that states policy located in these areas of the facility will help with the enforcement of this policy.

Another major safety concern is, of course, water on the floor in the shower and hydrotherapy areas. This is remedied by staff constant attention and training. Slip and fall accidents can be greatly reduced if diligence to dry floors is a part of your operational regimen. Provide rubber shower floor mats covered by clean dry towels to remove the bulk of the water that a person has when exiting a shower of bath. Also, by providing non-slip spa slippers for your guest to wear while in the spa, is a definite need.

Oh, those indulgent therapies - Massage, Facials, Wraps and Scrubs! They are your true source of income but can become treatments of peril. Areas of concern here are injury, exposure, and sexual impropriety.

Prevention begins with your therapist. Prior to beginning any therapy, the question should be asked by the staff member of the guest referring to any health issues that the guest may have. For example, after greeting the guest and beginning a massage, the therapist should ask the guest if they have any health or physical ailments that the therapist should be aware of. If concerns are noted, the therapist should briefly document the guests' comments, noting name, date and time.

If the condition described is of a potentially serious nature, the therapist should not continue with the treatment. They should nicely explain that the therapy they are about to give might not be in the best physical interest of the guest and refer them immediately to a manager. Safety here is a priority and better to err on the conservative side than risk injury. Also, therapists offering medical advice should be strictly prohibited. Some therapists feel that their limited training has enabled them to diagnose and prescribe treatment.

Because the nature of most spa treatments involves a certain amount of nudity, this can become an area of dispute, both for the employee and the guest. Operational guidelines to outline specific ways to handle sensitive situations should be implemented and continually re-visited in staff meetings. If you suspect that an employee is soliciting guests, and because this often occurs behind closed doors, a system of shopping should be implemented. Bringing in individuals that will document any improprieties, who work for your property, is a suggested procedure. If a guest solicits a therapist, guidelines should be in place delineating strict procedures and documentation.

Treatments in a spa include products such as skin care lines, body scrubs, muds, etc. Allergic reactions can and do occur, but staying informed on product ingredients and leaning toward offering product lines that are botanically or naturally based, help to reduce these incidents.

If your property has a Fitness - Work Out area, signage is imperative. Most facilities are not monitored for the entire duration of the access ability by your guest, so the inclusion of signage referring to usage at your own risk, do not use if your guest has any health concerns or limitations and enumerating your policy regarding the age of the guests allowed in the facility, is recommended.

Your staff is your most valuable asset. Their health and safety should be your foremost concern, thus, many properties have initiated safety committees to address hazards and potential areas of liability. If you have a day spa and do not have a Human Resources department, attention to safety from the initial hiring of a new employee to daily operational procedures is important.

Training staff to pay close attention to facility hazards, documenting any incident and reporting immediately to a supervisor, is imperative. If a guest or employee decides to sue your property, it is vital that you are prepared with documentation including specifics and witnesses. Date, time, names, witnesses and occurrence should be included in this documentation. Staff should be informed not to comment when an incident occurs or share their participation with other employees. Comments such as "Oh, there's always water on the floor there" could cost you in a deposition. It's all about training and accurate documentation.

There are many more areas of potential liability within a spa facility that are not included in this article, however, I hope that this brings awareness to the importance of safety and concern for your guest and staff. In keeping...a "Safe Spa is a Healthy Spa!"

Casey Olsen is the principal owner of Spa Sources, a comprehensive health spa consulting firm. With 23 years of Spa Design and Review, Management, Staffing, Marketing, Budgets and Forecasts, Complete Spa Operation Set-up, Liability Guidance, Accounting, Equipment and Product Identification, Spa Sources provides comprehensive assistance in the creation of new, and the renewal of existing spa facilities. As one of the industry's foremost health spa consultants, Ms. Olsen provides invaluable guidance to developers planning their luxury resorts that include a health spa facility. Ms. Olsen can be contacted at 760 341-3311 or spasources@earthlink.net Extended Bio...

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