Comptroller’s Audit of DOHMH’s Follow-up of Health Code Violations at Restaurants

NYC Comptroller Scott Stringer. Image credit: Office of the New York City Comptroller

Audit shows weaknesses in Health Department’s ability to regulate health code inspections at restaurants. On June 30, 2015, New York City Comptroller Scott Stringer released an audit report that examined how effectively the Department of Health and Mental Hygiene’s restaurant inspection program was working to resolve outstanding health code violations. The report examined the process by which DOHMH conducts its restaurant inspection program. The program consists of initial unannounced inspections where public health inspectors note any health code violations. If an establishment receives 14 or more points, a follow-up inspection by DOHMH is required to ensure the violations were resolved. Additionally, supervisors in the inspection program are required to conduct field inspections of restaurants previously inspected by health inspectors under their supervision.

The audit concluded that DOHMH regularly failed to schedule inspections and follow-up inspections within established time frames. Specifically, the audit noted that where restaurants received more than 14 violations points, DOHMH exceeded the time requirement for scheduling follow-up inspections more than half the time. The audit stated that this lack of proper enforcement allowed restaurants with significant health code violations to go unchecked. The audit also concluded that DOHMH does not require written documentation justifying why restaurants with multiple health code violations can remain open despite an inspector’s recommendation to close. Furthermore, the audit found that supervisors in the program consistently failed to perform supervisory field inspections, which may impede DOHMH’s oversight of their public health inspectors.

The Comptroller’s office proposed several recommendations aimed at correcting the deficiencies identified by the audit. These included DOHMH reviewing its current productivity requirements and resources to ensure they have the optimum number of inspectors to ensure inspections are conducted in a timely manner, as well as considering the possibility of expanding or reassigning personnel to address the backlog of overdue inspections. Moreover, the audit recommended that DOHMH ensure that their supervisors conduct supervisory field inspections of their subordinates. Finally, the audit suggested that DOHMH provide written justification for not closing establishments with multiple violations and properly document them in the agency’s tracking system. In response to the audit, DOHMH disagreed with the findings, stating that they demonstrate a fundamental misunderstanding of how the restaurant inspection program works and further, that the flawed findings lead to a false conclusion that the alleged inadequacies in the inspection program have placed the public’s health at risk. The agency did, however, agree that they need to provide proper documentation for allowing a restaurant with poor health inspection results to remain open despite a recommendation to close.

Audit Report on the New York City Department of Health and Mental Hygiene’s Follow-up on Health Code Violations at Restaurants. MJ14-058A, NYC Comptroller Scott Stringer (June 30, 2015).

By:  Matthew Walsh (Matthew is a student at New York Law School, Class of 2018).