Anaheim Worker Ordinance Frequently Asked Questions
Q. Is there a minimum number of hours for employee training?
A. For the general annual employee training (6.101.020.040), there is no minimum duration specified. Additionally, though hotels must designate managers or supervisors as panic button responders (6.101.020.0103), there is no additional training requirement.
Q. Are hotels required to use devices specified as “panic buttons”?
A. The ordinance defines “personal security device” to means a portable electronic emergency contact device, including but not limited to a panic button, that signals the hotel worker’s location and that provides direct contact between a hotel worker and a hotel security guard or responsible manager or supervisor designated by a hotel employer to respond to violent or threatening conduct. A personal security device does not include a whistle, noise-maker, alarm bell, or similar device that does not provide direct contact between the hotel worker and the designated security officer.
Q. Do we have to put up signs for hotel guests and notify at check-in about the SECURITY DEVICES? Will guests think our hotel is not safe because our Housekeepers carry geo-tag panic button?
A. The room signage has to notify guests that the hotel employer provides personal security devices to its employees. Beyond this, there is no requirement that you have to provide signage elsewhere or specifically warn guests that alarm sounds may go off. However, if you feel the need to do so from a customer relations perspective you are free to do so.
Q. Are there special requirements for disabled associates?
A. There are no specific provisions within the ordinance for disabled employees, but state and federal disability laws could come into play and require the provision of reasonable accommodations in certain situations. For example, this could be constituted to require the use of panic buttons that use something other than sound and/or ensure two-way communication capability for hearing impaired employees. This would be an individualized analysis that would best be conducted with counsel.
Q. If we have contract spa services, are we required to provide them with panic buttons or their employer?
A. There is a small amount of grey area, but it is very likely that a contractor’s employees must be provided with panic buttons. Specifically, Section 6.101.010.070 defines a hotel employer to include a contractor or person who employs hotel workers to provide services at a hotel. Further, general joint employer principals of law may come into play and impose responsibility here on the hotels.
Q. Do we need to complete training 30 days after the ordinance goes into effect?
A. The training must be provided to hotel workers by the later of thirty days after the effective date of the ordinance or within one month of the hotel worker’s date of hire. So current employees must be trained within 30 days of the effective date (January 1, 2024) of the ordinance. Thereafter, new employees need to be trained within one month of their date of hire. All employees must be trained annually thereafter.
Q. When does the signage need to be posted by?
A. The room signage and notice should be posted/proffered by the effective date of the ordinance (January 1, 2024).
Q. Do we have to translate the entire ordinance into Spanish, or can it be summarized?
A. The notice to workers must contain information regarding the hotel workers’ rights as set forth in the ordinance and must be made available in English and each language known to the hotel employer to be spoken by ten percent or more of its employees. The notice can, but does not need to be, the entire ordinance. The notice can be a summary as long as it provides the employees with notice of all of their rights set forth in the ordinance.
Q. Do you know if electronic record keeping is accepted by the city as far as the ordinance goes?
A. The ordinance only specifies that “records” must be kept and does not specify electronic or hard copies. However, keep in mind that records must be available for “inspection or copying” by workers and representatives. This could be argued to presume hard copies, or at the very least the availability to convert electronic records into copies for inspection and copying in compliance with the ordinance. Hard copies are always a good idea in light of computer problems and the risk of “losing” electronic records.
Q. If we were to hire an internal security guard, would they be able to complete other duties inside the hotel or are they only able to be “on guard” their entire shift?
A. Nothing in the ordinance specifically prohibits the assigned responder/security guard from having other duties, as long as they “at all times” can receive alerts and provide immediate on-scene assistance.
Q. If we do not have a hotel worker going into a room by themselves, would that exempt the requirement for designated security during that timeframe?
A. Personal security devices must be provided to each hotel worker assigned to work in a guest room or restroom facility where other hotel workers are not assigned to be present. If they are not assigned to enter guest rooms or rest rooms where other workers are not present, the requirement would not apply. However, if there is any possibility that a worker would enter a room alone, it would be prudent to ensure they have a panic button. We would suggest a policy that prohibits them from entering a guest room or restroom without another worker and says if they ever have a need to enter such a room without a worker, they are instructed to obtain a personal security device from the hotel before doing so.