HOUSE DOCKET, NO. 1055        FILED ON: 1/15/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1845

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Ruth B. Balser

_________________

To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act protecting the health and safety of people in restaurants.

_______________

PETITION OF:

 

Name:

District/Address:

Date Added:

Ruth B. Balser

12th Middlesex

1/14/2019

Louis L. Kafka

8th Norfolk

1/23/2019

Kay Khan

11th Middlesex

1/30/2019

José F. Tosado

9th Hampden

1/31/2019

Michael O. Moore

Second Worcester

2/1/2019

Marjorie C. Decker

25th Middlesex

2/1/2019

Sean Garballey

23rd Middlesex

2/1/2019

Danielle W. Gregoire

4th Middlesex

2/1/2019

Rebecca L. Rausch

Norfolk, Bristol and Middlesex

2/1/2019


HOUSE DOCKET, NO. 1055        FILED ON: 1/15/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1845

By Ms. Balser of Newton, a petition (accompanied by bill, House, No. 1845) of Ruth B. Balser and others relative to requiring choke response employee training in all restaurants.  Public Health.

 

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 2431 OF 2017-2018.]

 

The Commonwealth of Massachusetts

 

_______________

In the One Hundred and Ninety-First General Court
(2019-2020)

_______________

 

An Act protecting the health and safety of people in restaurants.

 

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1. Chapter 94 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by striking out section 305D and inserting in place thereof the following section:

Section 305D. Each food establishment shall have on its premises, when food is being served, an employee trained in manual procedures approved by the department of public health to remove food lodged in a person’s throat. The department of public health shall adopt regulations listing all approved manual procedures which it determines may be used effectively to remove food lodged in a person’s throat. Each such food establishment shall make adequate provisions for insurance to cover employees trained in rendering such assistance. The local board of health shall notify all food establishments subject to this chapter of their obligations under the law, and provide municipal health inspectors with written fact sheets and copies of this statute, and information regarding certified training sites and organizations, for distribution to all food establishments subject to this chapter.

Any person, or employee of any person, who has been properly trained in these procedures, and in good faith, volunteers to remove or attempts to remove such food in an emergency shall not be liable for any civil damages as a result of any acts or omissions by such person or employee in rendering such emergency assistance. Take-out only restaurants, so-called, with no customer seating on the premises, as well as food trucks, so-called, shall not be subject to this section.