Panda Express has agreed to pay $1 million to settle a lawsuit claiming it failed to train its employees on how to handle its soda machines.
The parent company of the Rosemead-based fast-casual Chinese American food chain had to pay a penalty for failing to educate its employees on handling carbon dioxide used for carbonated fountain beverage systems.
The company didn’t immediately respond to a request for comment.
Carbon dioxide is typically stored in tanks and is widely used by restaurants. California’s hazardous materials law requires that employees receive training on the storage and handling of carbon dioxide. Leaks that displace oxygen can result in serious harm or even death.
Restaurants are required to certify employees and file reports with local regulators confirming such training.
The lawsuit was filed after an investigation by Riverside County alleged that Panda Express failed to train its restaurant personnel on safe handling of carbon dioxide, and did not disclose employee training information as required by state law.
Panda Express, the originator of the orange chicken, operates more than 500 locations in California, including 30 in Riverside County.
“We don’t see a lot of these violations, so I would assume this would be a wake-up call for restaurants in general,” said Richard Shank, senior principal at Technomic, a research and consulting firm for the food services industry. “Typically, beverage stations are leased from a beverage supplier and serviced by third parties, including the CO2, so this may have identified a gap in training that was unknown to Panda.”
“Panda’s workplace culture is built on a strong training foundation,” he added, “so I’m inclined to believe that this settlement possibly identifies a need to clarify roles between the beverage supplier and the restaurants.”
The Riverside County district attorney’s office said the settlement was reached after Panda Express took steps to comply with California law regarding training and updating reporting and training records.
Panda Express has been ordered to pay $881,925 in civil penalties, $100,000 in supplemental environmental projects, and $75,000 in cost reimbursement.
