Inhaven discussed incident management protocols in our last feature of Eric Thibodeaux from Safer VRs . In short, managing safety events is not a spectator sport, as Thibodeaux put it. He advocated an iterative 5-step system that includes a thoughtful and immediate response, cooperation with emergency services, open communication with stakeholders, agile management of business operations, and reflective examination of the successes and failures of the management of the event. Thibodeaux also explained that while it is essential to make adequate provision for one’s facility to manage a safety event, the liability of safety events may at the very least be mitigated if not wholly prevented by thorough maintenance of safety protocols and careful management and oversight of one’s property management team. To this end, Thibodeaux shares with Inhaven in our latest discussion that he is developing a Standard of Care for Vacation/Short Term Rental Safety. He explains that "[a] standard of care is the benchmark that determines whether professional obligations to guests or owners have been met.” Thibodeaux delineates the system into managing property safety features and managing and overseeing the Property Management Company’s personnel.

Part 1: Property Inspections, Safety Checks and Controls

Eric Thibodeaux explains that owners and property management companies (PMCs) must do three things to a property before it is ready to be listed: they must work with the owner to conduct a thorough inspection of the condition of the property and repair everything that requires maintenance with an emphasis on safety controls, following these repairs, the owner and PMC must perform a deep-clean of the property and assure that the property has the appropriate inventory to support guests, and finally, the owner and PMC must prepare the revenue-building aspects of a property (e.g., pool, hot tub, etc.) for guests.

1. Commission a property condition assessment and fix everything up-front.
   • Repair everything that is noted in the condition report as requiring attention.
   • Ensure all smoke alarms are under ten years old, while carbon monoxide alarms are under five to seven years old and operate at the appropriate decibel level.
   • Equip every level of the property with a serviceable fire extinguisher.
   • Ensure that, if the property is equipped with a fire sprinkler system, it is operational.
   • Make sure that the address markers are legible and well-lit so emergency services can find the property quickly.
   • Enclose the swimming pool/hot tub area with a fence and an alarmed two-way action gate.
   • Inspect all electrical and ground fault circuit interrupters (GFCIs) to ensure everything is operational and up to code.
   • Provide adequate exterior lighting to limit the possibility of guest injuries and to discourage intruders.
   • Ensure that walkways and driveways to the property are without obstruction and are appropriately lit.
   • Ensure that the structural integrity of any decking is intact.
   • Make sure that the yard is free of potential hazards (e.g., tire swings attached to dead tree branches).
   • Verify that any outdoor grilling appliances are serviceable and far from flammable materials or any building.
2. Engage the services of a professional cleaning service for a deep clean and conduct a full inspection of the property’s inventory.
   • Inventory Inspection & Management
     • Replace all damaged furniture
     • Make sure that the lighting elements in each fixture are new
     • Ensure that area rugs are not turned up in the corners to create a trip-hazard
     • Make sure that bathmats have a good backing that helps mitigate the chances of a fall
     • Provide comfortable mattresses that are in good condition
     • Make sure that you provide the requisite amenities to service the number of guests that your listing indicates (e.g., if your listing sleeps eight guests, you should have the requisite amenities to service eight guests)
     • Provide a well-appointed kitchen inventory
3. Prepare the revenue-building amenities for guests.
   • Indoor and outdoor pool areas
     • Make sure that the pool area can be secured when not in use
     • Provide a self-closing and self-latching gate
     • Post rules for safe behaviors and maximum pool occupancy
   • Provide games for your guests
     • Consider board games as well as outdoor family games
   • Ensure that any outdoor amenities, such as the grilling area or patio space, are inviting and clean
   • Consider providing complimentary fare
     • Coffee
     • Popcorn
     • Candy
     • Toiletries
     • Laundry supplies

Thibodeaux explains that the first thing he does when purchasing a new property to list as a short-term rental is to secure a property condition report, which examines the property's major structural elements, including the roof, the air conditioning unit, the electrical throughout the property, the water heater (replace water heaters over 7-8 years old), etc. With the help of the property inspector’s report, Thibodeaux can determine what repairs must be made to the property to ensure it is safe and ready for guests. He then makes all necessary repairs to the property or, in some cases, negotiates with the seller to have the repairs done as a term of the agreement for sale.

Part 2: Safety and Risk Management

After inspecting, repairing, cleaning, and well-appointing the property for guests, the Property Management Company (PMC) must manage the property's maintenance and all associated operations. This responsibility includes overseeing the facilities and supervising the personnel entrusted with maintaining them. The owner of a PMC must establish how they address safety at their properties, including elaborating on how they will measure safety at their listings. Thibodeaux recommends that the owner appoint a Safety Manager to help advance the company’s safety goals. The roles of the Safety Manager include:

• Manage the implementation of a Risk Management Plan.
• Identify any potential hazards.
• Implement a series of controls to mitigate the impact of the identified potential hazard.
• Commit to an annual review of the Risk Management Plan.

The PMC may also choose to review its Risk Management Plan throughout the year, especially if a safety event demonstrates a failure of an existing control.

Scheduled Maintenance

Maintenance inspections begin with a pre-listing inspection, followed by annual property evaluations (APEs) and periodic safety/preventative maintenance inspections. Thibodeaux suggests PMCs should track all maintenance tasks using a task management tool like Breezeway.

1. Monthly inspections include the maintenance of the following:
   • AC filters which are changed monthly
   • Smoke and CO alarms (typically changed every April and October)
   • Kaba or other keyless lock batteries
   • Refrigerator filters
   • Fire extinguishers recharged or replaced if they were used
   • Any specialty lightbulb (e.g., Edison bulbs, etc.)
2. Post-guest checkout typically covers housecleaning and safety deficiencies.
3. Pre-guest check-in entails rechecking the property before the guest checks in to ensure it is safe and clean.
4. A vacancy check is employed if the property has been vacant for ten days. It entails ensuring that the property remains safe and clean while vacant.

Driving Safety (Safer VR’s Life-Saving Rule)

Driving safety is an often overlooked safety element in a PMC's daily operations.

1. Vehicle Inspection and Maintenance
   • Regular inspection and maintenance scheduled for company vehicles.
   • PMCs should offer defensive driving courses for employees who operate company vehicles.
2. Contractors and Their Driving Habits
   • PMC should discuss the importance of road safety, which might mean adhering to posted speed limits and committing to minimizing distractions while driving.
3. Guest Access and Arrival Safety
   • PMC should proactively inform the guests of any pertinent information regarding accessing the property that might impact their safety and comfort, “such as flooding or challenging terrain, and suggested safe arrival times.”
4. Promoting Safe Driving Behavior
   • Property Managers should lead by example by doing the following:
     • Always wear seatbelts while driving.
     • Never exceed speed limits and reduce speed when road conditions warrant caution.
     • Strictly avoid using cell phones or operating electronic devices while driving. Communicate to employees and contractors the local regulations on phone use while driving to employees and contractors.
     • Confirm you are fit, well-rested, and fully alert before driving.

Thibodeaux suggests that “[b]y actively promoting and prioritizing safe driving behavior, property managers and owners can create a safer environment for all stakeholders involved in their vacation rental business.”

Lone Workers (Safer VR’s Life-Saving Rule)

Lone workers represent a potential liability for a PMC. A lone worker is an employee or contractor who works alone for several hours or most of the day. The short-term rental industry has a lot of lone workers, and a process needs to be followed to check in on these workers. A Property Manager can mitigate this potential liability by implementing a system of controls and safeguards.

1. Regular Inspections: Inspect, Identify, and Address. Property Managers should regularly inspect their employees’ work environments to identify and promptly address potential safety hazards.
2. Communication and Check-Ins: Property Managers should implement communication protocols to keep lone workers in contact with their supervisors or colleagues via cell phones or two-way radios.
3. Lone Worker Policy and Emergency Protocols: Property Managers should develop a systems and procedures manual for lone workers. This Policy should include details on emergency protocols that allow for immediate support for the lone worker.
4. First Aid And Medical Training: Property Managers should provide lone workers first aid and medical training while equipping each team member with a serviceable first aid kit.
5. Personal Protective Equipment (PPE): Property Managers should also provide their employees access to training on appropriately handling hazardous materials and make available PPE, such as respirators and hazmat suits, appropriate to address any event that might include those hazardous materials.
6. Transportation and Environmental Risks: Property Managers should implement a system of transportation protocols for lone workers who must travel to complete their scope of professional responsibilities. These protocols may include drafting a travel plan, daily vehicle checks, regularly scheduled vehicle maintenance, and training on handling environmental risks, such as extreme weather events, that lone workers may need to interact with during their duties.
7. Training and Supervision: Property managers should provide their lone workers with training and consistent supervision to equip employees to competently and safely handle their positions' responsibilities.

Thibodeaux points out that “[t]he vacation/short term rental industry has a high number of lone workers. Lone workers are at a higher potential risk of injury or illness. To safeguard these workers, companies can implement various measures, including the use of technology, employing a check-in policy, and sending two people out on critical or unique tasks.”

Establishing a Clear Standard of Care for Short-Term Rental Safety

Thibodeaux shared with Inhaven that he intends the Standard of Care for Vacation/Short Term Renal Safety to provide clear guidance on appropriately managing short-term vacation rentals while outlining the minimum safety requirements for managing properties. He indicated that he is uniquely qualified to provide this guidance because of his decades-long safety manager and expert witness career. Additionally, Thibodeaux operates a safety consulting company and is deeply involved in property management in several states. Many industry elites have lauded his efforts to standardize safety in the short-term vacation rental industry . The current version of the Standard of Care for Vacation / Term Rental Safety is available on the Safer VRs website. For more insightful articles like the one you just read, visit the Inhaven blog, " In The Know ."