Top 10 ADA Violations in California

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Based on information from lawsuits filed against The Americans with Disabilities Act (ADA) violations, as required by California Senate Bill 1186, the California Commission on Disability Access (CCDA) has compiled the following list:

Top Ten Alleged Construction Issues (Jul-Dec 2019)

Rank Description %
1 Access Height of Goods, Support, Services, and Equipment: Heights of surfaces such as counters, bars, or tables are not compliant. 21
2 Exterior Path of Travel – Pathway: Routes to and from parking lot or public right of way are not accessible. May include uneven surfaces or lack of detectable warnings. 11
3 Number of Handicap Parking Spaces: Parking lot does not contain a minimum number of accessible parking spaces. 9
4 Parking Spaces: Existing parking spaces are not compliant; fading blue paint or excessive slope. 9
5 Interior Path of Travel: Path of travel features not accessible including non-compliant surfaces, excessive slope, cross-slope, etc. 5
6 Exterior Path of Travel – Door Hardware: Thresholds, handles, pulls, latches, locks, or other operating devices are not accessible. Lacking door kick plates. 5
7 Parking Signage: Signage in parking lot is not compliant (e.g. spaces need to be designated as reserved by a sign showing the symbol of accessibility). 4
8 Parking Areas: Loading zones and van access aisles are not compliant or non-existent. 4
9 Access to Goods, Support, Services, and Equipment: Accessible lodging units are non-existent, inaccessible, or insufficient in quantities. 3
10 Exterior Path of Travel – Ramps: Curb ramps or entrance ramps are not compliant or non-existent. 3

*edited for ease of reading. Read original table here.

These ADA violations account for 74% of the total violations. The remaining allegations are less common but still enforceable and actionable.

Penalties and fines for these violations can be costly. Select law firms have targeted businesses for ADA lawsuits in California, as the laws are more favorable to plaintiffs than elsewhere.

Facilities interested in an evaluation or that suspect violations should be inspected by a professional Certified Access Specialist (CASp), licensed by the state of California in order to provide adequate access to all customers and minimize business liability.

CAM Property Services has supported property managers and facilities in California since 1987. In addition to building services, landscape, hardscape, construction, and maintenance, CAM offers fully integrated ADA compliance and CASp inspections, remediation, and repair services. Contact CAM today at 800-576-3050.

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    Interview with Matthew Budnick

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    The Keys to Inspiring a Successful Company Culture of Innovation at CAM Property Services

    Matthew Bundwick Profile PictureProactive organizations recognize the importance of consciously innovating and permeating that philosophy throughout all levels of the company. Superior results emerge when strategies, business models, structure, processes, technologies, tools, and reward systems fire on all cylinders in symphonic unison. As the Director of Operations for CAM Property Services, Matthew Budnick thrives on creating a vibrant company culture driving growth and innovation.

    Here’s a little insight into Matt’s leadership behind the scenes:

    Q. According to CAM President David A. Herrera, the core values of CAM Property Services are fundamental to the company culture. As a leader, how do you encourage your employees to exemplify those core values?

    A. The key to culture is making sure the values are clear and put into action. We’ve created a friendly competition in which every employee strives to mirror our brand and embody our three core values – Friendly, Responsive, Partnership – and voted on by their peers and management to be recognized as a CAM Brand Ambassador.

    By reinforcing our core values every step of the way, from an inspection report to a conversation with a client to the nomination process, employees at CAM Property Services are incentivized to do the right thing. In turn, it’s created a collaborative work atmosphere where employees are happy and encouraged to give 100% every day.

    Q. How would you describe your corporate culture at CAM Property Services?

    A. We work hard and we’re not afraid of getting our hands dirty. Our open-door policy is such that if anyone has a good idea, we encourage them to put it out there and, if it has merit, we’re going to implement it. For an employee who isn’t an executive or manager, that’s a fantastic opportunity to make a difference at CAM.

    Q. How do you inspire innovative thinking to meet your clients’ needs?

    A. When I first came on board, we didn’t offer many of the innovative services we have today. Now it’s part of our everyday culture to think of ways to meet our clients’ future needs. David is all about efficiency and getting people the latest tools to be successful. For example, I believe we were one of the first property maintenance companies to have an in-house app to produce reports and have the capability to communicate with our clients using the latest technology. What’s most essential for us is saving clients time and money, which all goes back to innovation.

    Q. Would you consider the multifamily sector to be one of your areas for innovation?

    A. We rely on facts, not feelings. Through our research, we saw an opportunity in the multifamily segment which was not being met by any other company.

    We won significant contracts in this arena, mainly because of our trash chute cleaning service. It was this offering that propelled us into multifamily seven – eight years ago, and it has continued to be a large portion of our growing business.

    Ultimately, the willingness to take risks has allowed us to try new services such as drone inspections. We want to be more than a maintenance and cleaning company; we want to continue to be the best partner and consistently add value to our clients.

    Q. What is your proudest accomplishment at CAM Property Services thus far?

    A. When I started here six years ago, we had no set way of aggregating business intelligence. Seizing the opportunity, we analyzed three – five years of data and began predicting trends through analysis of key performance indicators. We continue to expand on that data and are now integrating Microsoft Power BI and business intelligence so that it’s available on all our employees’ phones and tablets in real-time. This proprietary app will allow our team to increase efficiency, which ultimately improves our customer service and bottom line. It’s the way of the future, making decisions based on accurate information and facts. I’m driven by improving our efficiency, increasing our service quality, and maximizing our impact in the marketplace.

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      How Drone Inspections Increase Efficiency for Property Managers

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      Incorporating technology into property maintenance makes sense, especially when it saves time and money while improving results. Aerial drone inspections accomplish all of that for property managers, owners, and stakeholders.

      Now in their second decade of mainstream commercial use, drones have become more efficient and effective than ever. Commercial property managers have come to rely on recorded video surveillance of their assets from all angles for maintenance, asset protection, owner reports, and insurance.

      Easier access to previously challenging viewpoints means that property managers can view and identify potential maintenance problems in the early stages. Managers can reduce operating costs through preventative maintenance that might otherwise go undetected. Facilities can be inspected from better vantage points or perspectives not previously available.

      With cloud storage options, drone video footage can be viewable by any authorized user anywhere in the world, at any time. This enables raw footage to be viewed for a closer, focused viewing if desired. It can also be edited for presentation. Regularly scheduled drone inspections can provide a video log of the progression on a particular area of interest or trouble spot.

      rooftop inspection property services preventative maintenance reduce operating costs
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      Rooftop drone inspections are an obvious favorite. Seeing HVAC, utilities, and rooftop equipment from an overhead angle or the entire topography of a roof can reveal previously unnoticed problems. Accessing hard to reach positions can reveal new hazards.

      Upper levels are easier to inspect with a drone. Storefront facades and sign cans are other examples. Even further up, consider the benefits of inspecting the vertical face of a multifamily or office high-rise tower to review windowsill gaskets, paint, cracks, and other structural items. Problems not seen at the ground level or even from a ladder come into focus with a drone inspection.

      Drone inspections are also great for covering wide areas, high and low. Property perimeters, parking lots, alleyways, common areas, and landscapes can all be inspected and recorded to address concerns about maintenance, repairs, safety, security, and liability.

      Another common use of a drone inspection is for incident response. Damage from trespassers, vandalism, graffiti, theft, or natural disasters can all be addressed and documented accurately. Regularly recorded inspections can provide a critical before and after record.

      Periodic inspections of unoccupied or low occupancy properties can provide an elevated level of security for out-of-town owners through high definition video of property conditions and 24/7 access to archived video recordings.

      Commercial properties are valuable assets. It makes sense to maintain a comprehensive and accurate insight into the physical condition on a regular basis with aerial drone inspections. Owners can monitor their assets from afar, managers can gain new perspectives, problems can be prevented, and issues can be diagnosed.

      Today drone inspections are performed on all property classes such as shopping centers, industrial, office, government, retail, and multifamily properties. They are used by facilities that require visual inspections as part of regular maintenance or digital recordings of assets.

      The best option for ordering a drone inspection is with someone who already knows and understands your property. Your facility maintenance provider is a good place to start, but many do not offer such services.

      If you are interested in aerial drone inspections for commercial properties in California, you should call upon CAM Property Services. They have been providing the best facility services in California since 1987. Their “one call does it all” approach makes it easy for property managers to get nearly everything they need from a single source. Their team of skilled professionals offer drone inspections tailored specifically for the needs of commercial facility managers.

      To learn more today call 800-576-3050.

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        Will Your Property Weather the Weather This Season?

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        ’Tis the season, and that not only means heavier traffic at your property but winter weather, as well. Although Southern California property owners are spared from the harsh winter conditions experienced in other regions, all it takes is one heavy rainstorm to put your building or parking lot out of commission.

        So, is your property ready to weather the storm this winter?

        It pays to be proactive, literally. By taking these necessary precautions before winter storms hit, property owners can save money by avoiding costly repairs after the fact. CAM Property Services is here to help you take action — before it’s too late.

        STORMWATER MANAGEMENT

        Heavy rain causes strain on your stormwater management system. If not fully functional, the Clean Water Act can impose fines as high as $5,000 per day. California standards can be even stricter, including regulations tied to business license renewal.

        Storm drain

        SITE MANAGEMENT

        Stormy weather can also cause wear and tear on your building, which can lead to costly repairs. Be one step ahead of potential damage by hiring an experienced Area Manager from CAM Property Services. Our Area Managers can identify problems before they become catastrophes and can establish a presence that puts customers and tenants at ease.

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        LANDSCAPING

        Winter can wreak havoc on your landscaping. From fallen leaves to muddy puddles, the first impression of your property can be significantly diminished. Take back control with the help of our landscaping pros at CAM. Utilizing the best irrigation techniques and seasonal floral, your landscape will never be out of season with our help.

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        As you can see, there are plenty of things to look out for when preparing for winter weather. Fortunately, the solution is only a phone call away with CAM Property Services. Start the conversation today.

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          Clean Home, Happy Tenants

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          For the residents who live there, a multifamily building is more than just a place to dwell — it’s home. When one thinks of home they think of safety and security, but your property could be riddled with potential risks.

          They can exist anywhere, from high traffic areas littered with filth to unclean trash chutes contributing to poor air quality throughout the building. Fortunately, you don’t have to tackle these problems alone. CAM Property Services can help increase the overall wellness, cleanliness and health of your property inside and out.

          DAY PORTER SERVICES

          Identifying potential problems before they occur is the key to prevention, and it requires a knowledgeable team of professionals with experience in floor care, maintenance, janitorial, handyman services, and property inspection.

          With CAM Property Services, you get that and more: A Property Pro who can tend to everything your building needs — including things you probably haven’t considered. Our highly visible and responsive day porters also help put tenants at ease by increasing the safety of your property. Peace of mind like that is priceless, and CAM can provide those services without going over your budget.

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          ENHANCED CLEANING

          Residents rightly expect the building in which they live be kept up to a certain standard. Fortunately, CAM’s Property Pros are Global Biorisk Advisory Council certified to help you do just that: keep your building up to snuff.

          Our experts in the field identify high traffic where diseases can spread and neutralize them before an outbreak occurs. We provide multiple tiers of cleaning services, from preventative measures to sterilizing confirmed infection zones.

          Uniformed janitorial workers cleaning and vacuuming.

          TRASH CHUTE MAINTENANCE

          Another aspect of your property that contributes to the well-being of your building is trash chutes. Maintaining your chutes is not only mandatory to avoid safety code violations, but it can also contribute to a more sanitary atmosphere that your residents and their guests will truly appreciate. With CAM Property Services, you can have cleaner, more efficient trash chutes and by extension, cleaner air and less unwanted odor, at a price you can afford.

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          As you can see, there are plenty of ways to help revitalize your multifamily property to make it healthier, cleaner, and happier. Contact CAM Property Services today and let us get to work.

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            California Steps Up Enforcement of Stormwater Management Violations

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            As concerns about the environment continue to rise, California has increased their efforts to hold businesses accountable for violations. To reduce pollutants entering natural waterways and public water systems, the state has expanded the role of the California Water Boards regarding industrial stormwater runoff.

            Pursuant to Senate Bill 205, the state Water Code now requires all eligible businesses renewing or applying for a business license to prove enrollment in a stormwater management program. It essentially makes it easier to catch violators by reviewing stormwater practices for all relevant businesses rather than performing random checks. The list of affected businesses is extensive.

            Stormwater management is a consideration for businesses and public facilities alike, commonly implemented for shopping centers, office buildings, multifamily residential properties, municipalities, recreational parks, and industrial facilities. Here is a list of Standard Industrial Classification codes (SIC) for the businesses to which the stormwater program is automatically considered.

            Stormwater runoff occurs when rain or snowmelt flows over land without soaking through the surface. This water can accumulate and transport pollutants such as oil, industrial castoff, or trash into the common waterways or ground sources. In fact, unmanaged stormwater is a major source of pollution for lakes, rivers, streams, reservoirs, and the ocean. Dry weather runoff is similarly a problem.

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            Fortunately, stormwater management practices have improved dramatically in recent years. Equipment, planning, and design have evolved to where they can manage the flow and filter water before sending it into municipal sewers. Sometimes this water is even reclaimed and used onsite for landscaping and other purposes.

            Even before the state mandate, property and facility managers became increasingly involved in actively addressing public concerns for green initiatives. In fact, many forward-thinking companies already benefit from integrated plans for their properties. This includes sustainability planning, which incorporates public health and safety, environmentally green solutions, hi-tech efficiencies, and partner vendor relationships.

            Stormwater management is another area where a strong property partner can use their inside knowledge to help with viable and affordable solutions. A facility company that provides landscaping, hardscaping, janitorial, handyman, and construction services can be well-suited to providing effective solutions for stormwater management plans and construction.

            Major engineering firms and national construction companies might not be the right fit when it comes to state mandated stormwater management plans. Working with a company that does daily business within your industry, understands the nature of your specific property, and brings more relevant experience to the table can provide real benefits and save money. After all, you really do not need a company that manages large scale municipal water projects to implement your simple stormwater runoff plan.

            In California, CAM Property Services has provided facility services for properties just like yours since 1987. Their in-house team and sister company Omnia Pacific Construction can develop and execute a viable stormwater management plan for your company as they have for many of California’s top companies. To learn more today call 800-576-3050.

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              Turf Control Tips from the Pros

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              Maintaining a luscious, green lawn cannot be accomplished with watering and mowing alone. Healthy turf depends on many factors including nutrients, which are essential elements (nitrogen, phosphorus and potassium) that are absorbed by the roots of the grass from the soil.  When the soil does not provide adequate nutrients for your lawn to be in healthy shape, fertilizer is necessary to fill the void and help maintain that potent green color of the grass.

              When is a good time to fertilize your lawn? It usually depends on the color of your grass. A proper fertilized lawn will be a homogenous, dark green all over. When applying fertilizer on a lawn, it is always better to start with a dry lawn. Apply the fertilizer using either a drop spreader or a broadcast and use the recommended amount over the lawn. Following directions when fertilizing your lawn is extremely important because over-fertilizing can burn your grass. After completing the fertilizing process, it is necessary to water your lawn because material needs to wash off the grass and into the soil for the fertilizer to start working. Depending on the size of your lawn, fertilization should be used four times a year on average.

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              CAM Services has nearly 30 years of experience in landscape services on properties throughout Southern and Central California; contact CAM Services at 800-576-3050 for a landscape inspection by our proven staff.

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                What Hiring a Day Porter Can Do For You

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                Day porters commonly work in areas of heavy traffic where debris, dirt, and trash build up. They keep these areas spotless and appealing for those passing through. A specialized service maintains the professional appearance of a commercial property. In addition to cutting costs and ensuring a positive experience for customers, a day porter greatly improves cleaning efficiency and keeps a property looking professional.

                High concentrations of people allow bacteria to spread through dirty surfaces. Offices and shopping centers are a few of the main culprits, where multiple employees work and interact with customers. The more foot traffic an area has increases the amount of spills that occur and leads to the creation of more garbage. To make matters worse, wind or foot traffic can lift debris and pollutants up into the air we breathe. Airborne dust usually travels indoors, which may cause employees to fall ill and creates a negative customer experience. We can’t resolve the problem with just a broom and picking up the obvious trash. A day porter is able to clean and disinfect lavatories, windows, carpets, remove graffiti, and empty trash.  Sweeping and mopping is a start but a day porter can go a step further. Regular cleaning with professional equipment ensures that a building is as clean as it can be.

                In addition, research shows that hiring a day porter on a regular basis can prolong the lifespan of a floor. A day porter has the skill set to fix and prevent areas from bubbling or cracking. Moreover, slip and fall lawsuits have increased over the years, mainly due to poor care of cleaning spills and safety hazards. It is an accidental injury that is common in the work area and a nightmare for property owners and managers to deal with.

                At CAM Services, we can help prevent dirty surfaces related issues by our experienced and knowledgeable day porter staff. Our staff can handle litter clean-up, vacancy preparation, set up a program to prolong your floors, maintain the safety of employees and customers, and assure you that your property is being taken care of. Call us at 800-576-3050 for an inspection today!

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                  Landlord Responsibility in ADA Lawsuits

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                  A federal district court in Northern California has determined that landlords need to be more proactive when it comes to the accessibility of their tenant spaces. Historically, commercial landlords have not concerned themselves with areas outside of their own exterior common area because their leases state that the tenant is responsible for ADA compliance. In this case, the court agreed that although the ADA allows landlords and tenants to allocate the responsibility for compliance between themselves, both parties are liable for violations in leased spaces with respect to persons with disabilities who are denied access. Both the landlord and tenant were made to pay the entirety of the plaintiff’s attorney’s fees and costs awarded by the court.

                  Landlords should make themselves aware of whether or not their tenants are meeting the accessibility requirements, even if their leases put the burden of compliance on the tenant. Be proactive to avoid costly litigation and court fees. Here are a few things you can do to reduce your risk:

                  • – Ensure that lease agreements include a stipulation requiring all tenants to obtain a CASp inspection and that the results must be submitted to the landlord
                  • – Require all Tenant Improvements or exterior renovations to be reviewed by ADA consultants employed by the landlord
                  • – Have vacant spaces inspected prior to signing new tenants
                  • – Always be sure to have common areas inspected
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                    How To Operate Fitness Centers Safely Post-COVID

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                    Reimagined: Fitness Centers

                    As restricted businesses move toward reopening, normal operations are being altered to address heightened public health and safety concerns. The reopening of fitness centers is high on the list of those requiring modifications. Managers will need to implement plans for enhanced hygiene and social distancing, especially as indoor usage increases.

                    Operators have been asked to provide answers to questions such as:

                    • What are the social distancing rules for gyms?
                    • How to modify fitness center floorplans for social distancing?
                    • How are gyms disinfecting against COVID-19?
                    • How to avoid infection at a gym?

                    Fitness centers will need to quickly enhance disinfecting protocols, control customer flow, prevent gatherings, and effectively communicate new protocols to employees and customers.

                    To address these issues, you might want to consult with an Environmental Health and Safety (EHS) specialist trained in the latest safety recommendations, poised to evaluate fitness equipment, facility usage, and emerging technologies.

                    We caught up recently with Pranav Heryani, the EHS specialist for CAM Property Services, and got his input on important areas for fitness centers to address as they being to reopen in California. Heryani feels that companies must commit to an educated approach to safety and cleaning, including staff accountability. Earning and keeping consumer confidence will be key factors as businesses move forward. Here are some of his detailed suggestions to follow.

                    Occupancy Levels

                    Using CDC recommendations, the ideal occupancy level for any facility can be easily calculated. Imagine a 6-foot circle safety zone for each customer or employee. This circle has an area of 113 sq ft. Divide the area of each room in the gym by this number to determine the safe occupancy level of that room.

                    Social Distancing Measures

                    Aligning social distancing measures with existing fitness center floor plans requires a systematic strategy. If spacing is not an option, closing off alternating pieces of equipment is the next best thing. The minimum safe distance between operable equipment is six feet.

                    While cardiovascular and weight equipment have typically been grouped by function, it may be necessary to reconsider equipment groupings and layout to achieve safe distances for improved customer safety.

                    Locker rooms are a major area that must be considered. It is recommended that larger shower facilities close every other shower to achieve safe distancing. Lockers must also be spread out with alternate spacing. While layouts vary by facility, be sure to evaluate subjectively or consult a qualified professional. Smaller locker facilities may need to close altogether during this time.

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                    An Educated Approach to Cleaning

                    Appropriate cleaning and disinfecting measures are vital to every operating plan. The good news is that cleanliness has always been a major consideration at fitness centers. Adopting and sticking to a rigid routine is essential. Constant cleaning throughout the day is reassuring to customers and contributes to a safe environment.

                    However, there is a difference between cleaning and disinfecting. Cleaning involves the physical method of removing dirt and impurities, which mitigates the risk of spread but does not eliminate it. Disinfecting is the killing or elimination of harmful pathogens. Regimens must include protocols and solvents that can accomplish cleaning and disinfecting. An outside property service may be better equipped to provide disinfection on an on-going basis.

                    Fitness centers are a unique environment featuring non-porous surfaces (metal equipment and mirrors), porous surfaces (rubber mats, grips, and upholstery), and electronic display screens (cardio equipment).

                    You must consider a wide-ranging list of effective solvents for different surfaces or risk damaging them. One disinfectant is unlikely to be suitable for all surfaces. Assess all surface types in your facility and acquire multi-purpose solutions or products formulated specifically for fitness equipment. 

                    The application of these cleaning agents is equally important. Facilities must correctly apply products and allow them to remain on surfaces for the recommended duration in order to kill viruses effectively. Anti-virus fogging is also a viable solution implemented regularly to sanitize high-touch surfaces.

                    Supplies

                    Once protocols have been defined and a regimen is created, supplies must be adequately stocked. This includes personal hygiene products for members along with personal protective equipment (PPE) and solvents for employees.

                    As cleaning products continue to remain in high demand, a business may benefit by contracting with an outside property service that has strong relationships with key suppliers to ensure access to steady supplies.

                    Routine and Scheduling

                    Traditionally, it has been acceptable to clean fitness centers prior to opening and after the closing of the facility, with spot cleaning following peak usage. This must change in the current climate. Detailed cleaning and disinfecting must be performed before, during, and after business hours. Members will appreciate efforts taken by management to ensure their health and safety.

                    Incident Response

                    Even in the cleanest environments, a random viral incident can occur. Swiftly, decisively, and transparently addressing the situation can make a huge difference. Third-party intervention is often necessary for providing a commercial grade incident response with high visibility and a credentialed response unit. Maintaining consumer confidence will be critical in the business climate ahead of us.

                    Greatest Member Concerns About Returning To The Gym

                    Throughout the pandemic, fitness centers have been declared high risk facilities for viral outbreaks and spreading. Facilities must take extraordinary measures to assuage concerns and combat the prevailing public opinion.

                    Action Steps

                    While your in-house team may be qualified under normal conditions, a third-party option should be considered to enhance facility services.

                    In California, for example, CAM Property Services has specialists that have Global Biorisk Advisory Council (GBAC) certification, EHS training, and 34 years of commercial property experience. They can help craft your tailor-made fitness center re-opening plan.

                    Their professional facility team can deliver a socially distanced floorplan, implement state-of-the-art disinfecting measures, establish occupancy threshold guidance, and incorporate futurist business ideas that align with your company’s goals.

                    Whatever direction you choose, please take steps to mitigate the risk of COVID-19 for the health and safety of all.

                    About The Subject Matter Expert: Pranav Heryani is an EHS & Sustainability Specialist. Among the next generation of environmental professionals, his projects have encompassed both local and international efforts toward green initiatives with practical sustainability for the commercial sector.

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