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funeral law terms3
| Question | Answer |
|---|---|
| unfinished wood box or other non-metal receptacle or enclosure, without ornamentation or a fixed interior lining, designed for the encasement of human remains, and | Alternative container which is made of cardboard, pressed-wood, composition material (with or without an outside covering), or pouches of canvas or other material. ( |
| Price lists which may be prepared for use in certain limited situations such as children/infants, for government agencies to provide for indigent persons, for agreements with religious groups, burial or memorial societies for members of their group. | Alternative price lists |
| Any item of service or merchandise described to a purchaser as a "cash advance," "accommodation," "cash disbursement," or similar term; any item obtained from a third party and paid for by the funeral provider on the purchaser's behalf. | Cash advance items Cash advance items may include, but are not limited to: cemetery or crematory services; pallbearers; public transportation; clergy honoria; flowers; musicians or singers; nurses; newspaper obituary fees; obituary notices; gratuities; en |
| A rigid container which is designed for the encasement of human remains and which is usually constructed of wood, metal, or like material, and ornamented and lined with fabric (FTC definition). A case or receptacle in which human remains are placed for pr | Casket Any box or container of one or more parts in which a dead human body is placed prior to interment, entombment, or cremation which may or may not be permanently interred, entombed, or cremated with the dead human remains. (From the French "casse" me |
| Charge, fee or surcharge applied to consumers who purchase their casket elsewhere (from a source other than the price list/funeral provider). | Casket handling fee |
| typewritten list of the casket and alternative containers normally offered for sale by the funeral provider which do not require special ordering. must include retail price and enough descriptive information to enable consumers to identify the merchandise | Casket Price List (CPL) |
| na | Commission |
| A disposition of human remains by cremation without formal viewing, visitation, or ceremony with the body present. | Direct cremation |
| Date that the specific Price List was put into use. | Effective date |
| Situation requiring immediate action or urgency: when exist the funeral provider might embalm without permission. | Exigent circumstances |
| na | Federal Trade Commission (FTC) |
| One of the categories required to be itemized on the GPL (if the funeral provider offers the service). This involves services of the funeral provider in the locale where death occurs and preparation for transfer to | Forwarding of remains another funeral provider as selected by the family (consumer). Funeral Rule requires package pricing of this service with a description of the components included. |
| None of the 16 items required by the rule to be separately itemized on the GPL can be listed as free or no charge. Items not required by the rule can be listed as free or no charge. Items not required by the rule can be listed as free. | Free items |
| A service commemorating the deceased with the body present (FTC definition); The rites held at the time of disposition of human remains, with the body present; also known as Funeral Service. | Funeral ceremony (As opposed to a memorial ceremony or service at which the body is NOT present.) |
| The goods which are sold or offered for sale directly to the public for use in connection with funeral services. | Funeral goods |
| Any person, partnership or corporation that sells or offers to sell funeral goods and funeral services to the public. | Funeral provider |
| Any services which may be used to: (1) care for and prepare deceased human bodies for burial, cremation or other final disposition; and (2) arrange, supervise, or conduct the funeral ceremony or the final disposition of deceased human bodies. | Funeral services |
| A funeral service, religious or otherwise, conducted at the grave or place of final disposition; similar to Committal Service. | Graveside service |
| A disposition of human remains by burial without formal viewing, visitation, or ceremony with the body present, except for a graveside service. | Immediate burial |
| The method of price quotation by which each unit of service and/or merchandise is priced separately. | Itemization |
| Statements required by the FTC rule which cannot be modified or edited and must appear in a clear and conspicuous manner. | Mandatory disclosures |
| A ceremony commemorating the deceased without the body/remains present. | Memorial service |
| Basic services is the only fee which the consumer cannot decline (unless state or local law requires otherwise). Funeral Provider should recover expenses for services, facilities or unallocated overhead in this charge. | Non-declinable service fee |
| Any container designed for placement in the grave around the casket, including but not limited to containers commonly known as burial vaults, grave boxes, and grave liners. | Outer burial container |
| na | Outer Burial Container Price List (OBCPL) |
| Use of a single dollar amount to identify the charge for a group or bundle of goods and/or services. | Package funerals |
| na | Receiving remains |
| na | Services of Funeral Director and Staff |
| Funeral provider must give consumers who call accurate information from the price lists and answer questions about offerings and prices with readily available information. | Telephone price disclosure |
| The occurrence of situation that requires certain action i.e. the triggering event for giving out the GPL is face-to-face meeting. | Triggering event |
| Exists when a seller requires the purchase of unwanted items/services in order to obtain the desired item/service. | Tying arrangements |
| was established in 1914 to promote free and fair competition by preventing trade restraints. | The Federal Trade Commission |
| was established to give the FTC jurisdiction over funeral sales and to establish requirements of which funeral providers must comply. purpose is to provide detailed information to the consumer when arranging a funeral. | In 1984, the Funeral Rule |
| Any provider of funeral goods AND funeral services must comply with the rule. All pre-need contracts are also included in the compliance of the Funeral Rule. | t |
| Trade Embalming Service which only provides embalming and transfer services to licensed funeral homes is by definition a funeral provider | F |
| A Cremation Establishment which offers cremation services as well as urns to the public is by definition a funeral provider. | t |
| Sam's Club which only offers caskets to the general public is by definition a funeral provider | F |
| A crematory which only provides cremation services without selling any urns or cremation caskets is by definition a funeral provider. | F |
| Who gets a General Price List (GPL)? | Any person who asks, in person, about funeral goods, funeral services, or the prices of funeral goods or services. signs a pre-need contract and then the family comes in at the time of need, that family should have been given two GPL's |
| Do they get to keep the General Price List (GPL)? | Yes, the GPL is for them to keep if they choose. The FTC believes that you should not put the GPL in a binder of any kind that would give the consumer the impression that it is not for them to keep. |
| Do they get to keep the General Price List (GPL)? | GPL has to be given to the consumer even if there is not a fd present funeral provider must also physically hand it to the consumer consumer does not have to accept the price lists, nor do they have to sign anything stating that they declined it. |
| Do I have to mail a copy of the General Price List (GPL) if they contact me by phone, email, or mail? | No, you do not have to mail them a copy of your GPL. You must give them accurate information over the phone, but you do not have to send out a GPL. fh find that if families call for prices, offering to mail a GPL |
| When must the General Price List (GPL) be offered to the consumer? | When you begin any discussion of: a) specific goods or services you offer; b) the type of funeral or disposition that you can arrange; or c) the prices of the goods or services. |
| When must the General Price List (GPL) be offered to the consumer? here are two exceptions: | f you are making the transfer of the deceased and you request authorization to embalm, you do not have to give out the GPL provided that you must disclose that embalming is not required by law and you do not discuss any other services or goods. |
| When must the General Price List (GPL) be offered to the consumer?here are two exceptions: | If you are only providing educational general info would be a case when you are at a social event a member of community asks average cost of funerals. This same principle is true if someone attending a visitation wonders into the Casket Selection room |
| While making the transfer of remains at a hospital, the nurse at the hospital asks if we know when the service will be? | The GPL is NOT required to be provided to the consumer at this time. |
| While making a transfer of remains from a nursing home, the family asks you about the process of cremation of their loved one. | The GPL is required to be provided to the consumer at this time. |
| While working a visitation a friend of the family asks you how much your services cost to do a funeral for them. | The GPL is required to be provided to the consumer at this time. |
| While making funeral arrangements, you ask the family if they would prefer burial or cremation. | The GPL is required to be provided to the consumer at this time. |
| General Price List (GPL) Requirements | Identifying information - this is usually the introduction to the document 16 Itemized charges - these are required to be on the GPL if you offer them to the general public. Six mandatory disclaimers/disclosures/misrepresentation |
| General Price List (GPL) Introduction / Identifying Requirements | Name fh Address fh Telephone fh the title "General Price List" - those must be verbatim, so do not change that wording. effective Date Right of Selection Disclosure - Copy this and all disclosures word for word. Do NOT modify the wording |
| Right of Selection Disclosure: The goods and services shown below are those we can provide to our customers. You may choose only the items you desire. However, any funeral arrangements you select will include a charge for our basic services and overhead. | If legal or other requirements mean you must buy any items you did not specifically ask for, we will explain the reason in writing on the statement we provide describing the funeral goods and services you selected." |
| Embalming Disclosure:Except in certain special cases, embalming is not required by law. Embalming may be necessary, however, if you select certain funeral arrangements, | " such as a funeral with viewing. If you do not want embalming, you usually have the right to choose an arrangement that does not require you to pay for it, such as direct cremation or immediate burial." |
| Alternative Container Disclosure:"If you want to arrange a direct cremation, you can use an alternative container. Alternative containers encase the body and can be made of materials like | fiberboard or composition materials (with or without an outside covering). The containers we provide are [specify the types of containers that the funeral home makes available to direct cremation consumers |
| Basic Service fee Disclosure: | his fee for our basic services and overhead will be added to the total cost of the funeral arrangements you select. (This fee is already included in our charges for direct cremations, immediate burials, and forwarding or receiving remains.)" |
| Casket Price List Disclosure | A complete price list will be provided at the funeral home." Of course if you include the entire list of caskets on the GPL, you do not need this disclosure. |
| Outer Burial Container Price List Disclosure: | "A complete price list will be provided at the funeral home." Again, if you include the entire list of outer burial containers on the GPL, you do not need this disclosure. |
| Package Prices | If the funeral home desires, they can create package pricing for families, as long as you still of all the itemized items listed and you list what is included in the package. |
| Alternative Price Lists | If you desire, you can create a limited number of alternative price lists. The most common alternative price list would be that for infants and children. |
| Casket Price List (CPL) Requirements | f you sell (or offer to sell) caskets and have not listed all of them in the GPL, you must have a Casket Price List. Name of the funeral home The title "Casket Price List" Effective Date |
| Casket Price List (CPL) Requirements | The description would need to be more than "blue casket", The description above would provide enough information compare prices of similar caskets either online or at another funeral home. |
| Casket Price List (CPL) Requirements | The List must be shown to anyone who asks in person about caskets, alternative containers or their prices. You must also show the List to the consumer even if you have price cards in each casket. you must show the List before they see the casket |
| Outer Burial Container Price List (OBCPL) Requirements | If you sell (or offer to sell) outer burial containers and have not listed all of them in the GPL, you must have an Outer Burial Container Price List. Name fh The title "Outer Burial Container Price List" Effective Date |
| Outer Burial Container Price List (OBCPL) Requirements | Outer Burial Container Disclosure law does not require that you buy a container to surround the casket in the grave. cemeteries require that you havea container so that the grave will not sink in. grave liner or burial vault satisfy these requirements |
| Casket Price List Availability Disclosure | GPL |
| Statement of Funeral Goods and Services Selected Requirements | itemized list of the goods and services the consumer has selected during the arrangement conference. the FTC Funeral Rule does not require the family to sign the Statement, though some states do require the Statement to be signed by the family. |
| Statement of Funeral Goods and Services Selected Requirements | Itemized list of goods selected temized list of services selected Prices for those items Cash Advance Items luncheon, cemetery costs that are not offered by the funeral home Total prices Mandatory Disclosures |
| Statement of Funeral Goods and Services Selected Requirements | The funeral home can choose to package the itemized goods, services and prices together, but must clearly identify what items are included in the package and the price of the package |
| - Legal and Other Requirements: | Charges are only for those items that you selected or that are required. If we are required by law or by a cemetery or crematory to use any items, we will explain the reasons in writing below." The most common item here would be cemeteries requiring a |
| - Embalming Approval: | "If you selected a funeral that may require embalming, such as a funeral with viewing, you may have to pay for embalming. You do not have to pay for embalming you did not approve if you selected arrangements such as direct cremation or immediate burial. I |
| - Cash Advance Items: | "We charge you for our services in obtaining: [specify items that are marked up]." |
| Here are a list of the 6 kinds of misrepresentations that the FTC has identified as top consumer complaints that they are warning funeral homes not to do. | Embalming Casket for direct cremation Outer Burial Container you can't tell a consumer that it is required if the cemetery or governmental entity doesn't require it. |
| Here are a list of the 6 kinds of misrepresentations that the FTC has identified as top consumer complaints that they are warning funeral homes not to do. | Legal Cemetery Requirements you cannot tell consumers that federal, state or local laws require the purchase of specific items unless it is true.Cash Advance Items you must tell consumers if you charge more for cash advances than the provider charged yo |
| Here are a list of the 6 kinds of misrepresentations that the FTC has identified as top consumer complaints that they are warning funeral homes not to do. | Preservative and Protective Value Claims You cannot tell the family that embalming will prevent decomposition indefinitely, since it is not true. Also, you must make all manufacturer warranties available to the consumer. So that manufacturer's warranty |
| Tying Arrangements | Tying arrangements are requiring the consumer to purchase one item in order to get another item. The FTC gives only a few options where this can be true and they are listed in their booklet. |
| Recordkeeping | You must keep the price lists for at least one year after the last date they were in use. This is not one year after the effective date. |
| A funeral home places its Casket Price List and its Outer Burial Container Price List in a binder which is presented to each family before they see the caskets and vaults. Is this permissible under the Funeral Rule? | yes |
| During a removal, a family asks the funeral director whether her funeral home offers cremation. Does this inquiry trigger the requirement to distribute a General Price List? | no |
| General Price List (GPL) 16 Itemized Charges | Basic Services of Funeral Director and Staff - this is the only non-declinable fee, so you have to include the disclosure near this charge. Embalming the use of the embalming room, the chemicals/materials, salary, disposal of biomedical wastes |
| General Price List (GPL) 16 Itemized Charges | Other Preparation of the Body dressing and cosmetizing the deceased. the deceased for a viewing instead of embalming. Transfer of Remains to Funeral Home charge for transporting the deceased back to the funeral home. |
| General Price List (GPL) 16 Itemized Charges | Hearse Limousine Of all the charges, this one is the one that is most often left off because funeral homes do not always offer this. Casket Price Range e replaced with a listing of all of the caskets that would otherwise be on the CPL |
| General Price List (GPL) 16 Itemized Charges | Outer Burial Container Price Range This can be replaced with a listing of all of the outer burial containers that would otherwise be on the Outer Burial Container Price List Services and Facilities for Viewing visitation or viewing in the funeral home |
| General Price List (GPL) 16 Itemized Charges | Services and Facilities for Funeral Ceremony with the body present and should include the cost of staff for the service. Services and Facilities for Memorial Service WITHOUT the body present and should include the cost of staff for the service. |
| General Price List (GPL) 16 Itemized Charges | Services and Equipment for Graveside Service This is the charge for a committal service only when there is no other service. Forwarding Remains This fee would include your charges that would normally be covered under the Basic Services fee. |
| General Price List (GPL) 16 Itemized Charges | Receiving Remains This fee would include your charges that would normally be covered under the Basic Services fee. |
| General Price List (GPL) 16 Itemized Charges | Direct cremation with cremation container provided by the funeral home; Direct cremation with cremation container provided by the consumer; or Direct cremation with casket purchased from funeral home used for the cremation container. |
| General Price List (GPL) 16 Itemized Charges | Immediate Burials This fee would include your charges that would normally be covered under the Basic Services fee. Like the direct cremation, this could have options such as casket provided by funeral home or alternative container provided by family. |
| OSHA regulation (29 CFR 1910.1030) regulating the employee's exposure to blood and other body fluids. OSHA definitions: Blood, human blood, human blood components, and products made from human blood. | Bloodborne Pathogen Standard |
| A cancer-causing chemical or material. | Carcinogen |
| A record that contains the following kinds of information: environmental (workplace) monitoring of a toxic substance or harmful physical agent; biological monitoring results which directly assess the absorption of a toxic substance by body systems; | Employee exposure record safety data sheets (SDS) indicating that the material may pose a hazard to human health; a chemical inventory which reveals where and when used and the identity of a toxic substance or harmful physical agent. |
| A record concerning the health status of an employee which is made or maintained by a physician, nurse, or other health care personnel, or technician; | Employee medical record medical/employement questionnaires, results of medical exams and lab tests, medical opinions/diagnoses, first aid records, descriptions of treatments and prescriptions, employee medical complaints. |
| A specific eye, mouth, other mucous membrane, non-intact skin, or parenteral contact with blood or other potentially infectious materials (OPIM) that results from the performance of an employee's duties. | Exposure incident |
| OSHA regulation (29 CFR 1910.1048) limiting the amount of occupational exposure to formaldehyde gas. | Formaldehyde Standard |
| The full term is Globally Harmonized System of Classification and Labeling of Chemicals. A standardized, world-wide system system for labeling and classifying the hazards of chemicals; part of OSHA's Hazard Communication Standard. | Globally Harmonized System (GHS) |
| OSHA regulation (29 CFR 1910.1200) that deals with identifying and limiting occupational exposure to hazardous substances (e.g. chemicals); also known as the "Right To Know" Act. | Hazard Communication Standard |
| Standard phrases found on an SDS that are assigned to a hazard class and category describimg the nature of the hazard (e.g. "flammable, harmful if swallowed"). | Hazard statement |
| An agent or material exposing one to risk. | Hazardous material |
| A situation in which a hazardous chemical will be under the control of and used only by the person who transfers it from a labeled container and only within the work shift in which it is transferred. | Immediate Use |
| Governmental agency that tests and certifies respiratory protective devices and air sampling detector tubes, recommends occupational expsoure limits for various substances, and assists OSHA in occupational safety and health investigations and research. | National Institute for Occupational Safety & Health (NIOSH |
| Governmental agency with the responsibility for regulatory and enforcement of safety and health matters for most United States employees; an individual state OSHA agency may supercede the U.S. Department of Labor OSHA regulations. | Occupational Safety and Health Administration (OSHA |
| Graphic symbols used to communicate specific information about the hazards of a chemical; a labeling element of the GHS. | Pictogram |
| The portion of an SDS that supplements the hazard statement by briefly providing measures to be taken (e.g. first aid) to minimize or prevent adverse effects from physical, health, or environmental hazards. | Precautionary statement |
| OSHA-required form under the Hazard Communication Standard that must accompany a hazardous product. | Safety Data Sheet (SDS) |
| An element of the GHS labeling system used to indicate the relative level of severity of hazard; there are only two signal words: Danger and Warning - "Danger" is for more severe hazards and "Warning" is for less severe hazards. | Signal word |
| designed to protect employees from unsafe practices in the workplace. OSHA also stands for the Occupational Safety and Health Administration, which is part of the Department of Labor (DOL.) | There are four main areas/standards of funeral home regulations including: A. General Requirements - Access to Medical Records B. Hazard Communication Standard C. Formaldehyde Standard D. Blood-borne Pathogen Standard |
| Who Must Comply with OSHA Standards?all employers comply with the standards of the act. The only exceptions to this requirement apply to those who are self-employed | . The application for funeral homes would be a family-owned/operated funeral home which does not hire any employees; this type of operation is not required to comply with OSHA as OSHA is designed to protect employees. |
| OSHA Inspections | Employee Complaint If an employee reports that there are unsafe work areas, OSHA will investigate in some way. They may ask you to identify what areas are unsafe and in what ways they are unsafe. |
| OSHA Inspections | Fatality or hospitalization of three (3) or more employees An employer is required by law to report to OSHA within eight hours any death of an employee or the hospitalization/injury of three or more employees while in the workplace. |
| OSHA Inspections | Routine Inspections OSHA routinely inspects funeral homes, as well as other businesses. It may happen that the funeral home is inspected because of a complaint of a company near the funeral home or other funeral homes in the area. |
| OSHA has a complex system of requirements and standards that employers must follow. This standards include electrical requirements for machinery and outlets; appliances used by employees; Fire Safety and Emergency Exit Procedures | General Requirements |
| General Items OSHA | Each employer -- (1) shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees; |
| General Items OSHA | (2) shall comply with occupational safety and health standards promulgated under this Act. This means, each employer is obligated to provide a safe environment and each employee is obligated to comply with the laws as well as employer rules. |
| General Items OSHA | Each employee shall comply with occupational safety and health standards and all rules, regulations, and orders issued pursuant to this Act which are applicable to his own actions and conduct. |
| Who is required to comply with OSHA standards? | Both Employer and Employee |
| Who is required to provide a safe work environment? | Employer |
| Who is required to comply with employer safety rules? | Employee |
| OSHA sign is required to be posted for all employees to see. | 1. OSHA Poster |
| At the current time, funeral service and crematories are exempt from these form requirements as they are considered a "low hazard service industry" (see Appendix A to Sub-part B of Standard 1904). | However, a funeral home may be required to keep those forms if they have three or more injuries, or have had complaints against them. |
| Bear in mind that this exemption does not affect the requirement of funeral homes (or any other low-hazard industry) from reporting to OSHA (within 8 hours) the following work-related injuries | All work-related fatalities • All work-related inpatient hospitalizations of one or more employees • All work-related amputations • All work-related losses of an eye |
| Employee medical records include the following: Employee medical complaints. | Medical and employment questionnaires or histories. Results of medical examinations and laboratory tests. Medical opinions, diagnoses, progress notes, and recommendations. First-aid records. Descriptions of treatments and prescriptions. |
| Employee exposure records include the following: Material safety data sheets (MSDSs) containing information about a substance's hazards to human health. | Monitoring results of workplace air or measurements of toxic substances or harmful physical agents in the workplace, including personal, area, grab, wipe, results. |
| Employees may access any employee exposure records that show the measuring or monitoring of your own exposure to a toxic substance or harmful physical agent. If y | If your employer does not have any records that specifically chart your own exposure levels, you may access the exposure records of employees who engage in similar work or working conditions and may have experienced exposures similar to yours. |
| Employees also may access any employee medical records concerning your health status that were created or maintained by a physician, nurse, health care professional, or technician. | t |
| Employee medical records for at least the duration of the employee's employment plus 30 years, except for | Health insurance claims records that you maintain separately from your medical program and its records. |
| Employee medical records for at least the duration of the employee's employment plus 30 years, except for | First-aid records made onsite by a non-physician of one-time treatment and later observations of minor scratches, scrapes, or other injuries that did not involve medical treatment, loss of consciousness, restriction of work or motion, or transfer to anoth |
| Employee medical records for at least the duration of the employee's employment plus 30 years, except for | Medical records of employees who have worked for less than 1 year as long as you offer all such records to the employee upon termination of employment. |
| Employee exposure records for at least 30 years, except for | Background data related to environmental, or workplace, monitoring or measuring — such as laboratory reports and worksheets — must only be retained for 1 year, so long as you preserve certain interpretive documents relevant to the interpretation of the d |
| Employee exposure records for at least 30 years, except for | MSDSs and other specified records concerning the identity of a substance or agent, so long as you keep some record of the identity, preferably the chemical name and information on when and where it was used, for 30 years. |
| Employee exposure records for at least 30 years, except for | Biological monitoring results designated as exposure records by specific OSHA standards shall be preserved and maintained as required by the specific standard governing their use. |
| The rights of the employee to know about the medical records policy and the right to copies of medical records If you are an employer, you must do the following: | Preserve and maintain accurate medical and exposure records for each employee. Inform workers of the existence, location, and availability of those medical and exposure records. |
| The rights of the employee to know about the medical records policy and the right to copies of medical records If you are an employer, you must do the following: | Give employees any informational material regarding this standard that OSHA makes available to you. Make records available to employees, their designated representatives, and to OSHA, as required. |
| The disposition of medical records if an employer ceases to exist If the employer goes out of business, they must do the following: | Transfer all records subject to this standard to the successor employer OR, if there is no successor, |
| The disposition of medical records if an employer ceases to exist If the employer goes out of business, they must do the following: | Notify current employees at least 3 months before the business closes of their right to access their records. You also must either transfer the records required to be preserved under this standard to the National Institute for Occupational Safety and Heal |
| What is an exposure incident? | A specific eye, mouth, other mucous membrane, non-intact skin, or parenteral contact with blood or other potentially infectious materials (OPIM) that results from the performance of an employee's duties. |
| What is "access"? | he employer may give you a copy of the document, or The employer may provide facilities for you to copy the document, or The employer may loan you the document to copy it offsite. |
| The Hazard Communication Plan is a written document that outlines how a funeral home will comply with the Hazard Communication Standard. The written plan must include: | Implementation of Labeling of Hazardous Chemicals 2. Implementation of use of SDS's 3. The methods of Employee Information and Training 4. List of hazardous chemicals 5. Globally Harmonized System (GHS) Implementation |
| Labeling Requirement | A Label is required on all containers except those for immediate use. Examples of immediate use would include: placing disinfectant in a bucket for mopping the floor, and placing embalming solution in an embalming machine. |
| Labeling Requirement | The written plan would require the employer to designate who is responsible for insuring labels on all chemicals |
| 1. Information contained on a SDS: | identity used on the label chemical and common names of all hazardous ingredients Physical and chemical characteristics Physical hazards including the potential for fire, explosion, and reactivity Health hazards signs and symptoms of exposure |
| 1. Information contained on a SDS: | Primary routes of entry g. OSHA permissible exposure levels (PEL) h. Control measures for the chemical i. Emergency and first aid procedures j. Name, address and telephone number of the chemical manufacturer |
| SDS must be supplied by manufacturer to employer at the time of shipment of chemical 3. If SDS is not supplied with chemical | SDS must be available to employees in the workplace 5. Non-hazardous chemicals are not required to be listed on an SDS |
| Employee Training 1. At the time of employment and when a new hazard is introduced into the workplace 2. Information in training | Methods to detect hazardous chemicals - this can include the pictograms and SDS training b. Physical and health hazards of the chemicals - the next page gives a sample summary |
| Employee Training 1. At the time of employment and when a new hazard is introduced into the workplace 2. Information in training | Routes of entry of the hazards - d. Signs and symptoms of hazards e. Measures the employees can take to protect themselves through safe handling procedures, as well as cleanup procedures Details of the hazard communication plan |
| The training should include the location of the SDS's, which most people keep in a three ring binder near or in the prep room or on a computer due to the number of pages required under the GHS. | t |
| Hazards training can be accomplished by informing the employee of the hazard each chemical, informing the employee of the hazard(s) of all the chemicals in a room. In the case of the embalming room of the funeral home, some of the hazards include: | Carcinogenic: Formaldehyde is a known carcinogen b. Toxicity: potential to be poisonous c. Mutagenicity: potential to cause genetic mutations |
| Mutagenicity is especially true for female embalmers who may be pregnant. If an embalmer/funeral director is pregnant, she should contact her health care provider to determine any hazards of which she should be concerne | t |
| The GHS is a way to standardize/harmonize the classification and labeling hazardous chemicals around the world so that, for example, a hazardous chemical used in Germany has the same system of labels and warnings as it would here in the United States. | t |
| Hazard classification | Chemical manufacturers and importers are required to determine the hazards of the chemicals they produce or import. Under the new GHS, they will now provide specific criteria to address health and physical hazards as well as classification of chemical mix |
| Labels | Chemical manufacturers and importers must provide a label that includes a signal word, pictogram, hazard statement, signal word, and precautionary statement for each hazard class and category. |
| Safety Data Sheet (SDS): | 16 specific sections, ensuring consistency in presentation of important protection information. d. Information & training: To facilitate understanding of the new system, the new standard requires that workers be trained by December 1, 2013 on the new labe |
| na | Acquired immunodeficiency syndrome (AIDS) |
| na | Action level/AL (Exposure limits) |
| Biological agent or condition that constitutes a hazard to humans; | Biohazard also known as Infectious Waste. |
| Bloodborne pathogens, blood or body fluids exposure, any potentially infective, contaminated waste that constitutes a hazard to humans in the workplace. | Biohazardous waste |
| Pathogenic microorganism present in human blood that can cause disease in humans. | Bloodborne pathogens |
| Disease that may be transmitted either directly or indirectly between individuals by an infectious agent. | Communicable disease |
| The presence or the reasonably anticipated presence of blood or other potentially infectious materialson an item or surface. | Contaminated |
| Laundry which has been solid with blood or other potentially infectious materials or may contain sharps. | Contaminated laundry |
| Any contaminated object that can penetrate the skin including, but not limited to, needles, scalpels, broken glass, and exposed ends of wires. | Contaminated sharps |
| OSHA-required safety device for a release of a copious amount of water in a short time. | Drench shower |
| Mechanical systems, devices, and procedures of a facility designed to isolate or remove hazards from the workplace (e.g. sharps disposal container, self-sheathing needles, ventilation system to remove formaldehyde/other fumes). | Engineering controls |
| OSHA-required emergency safety device providing a steady stream of water for flushing the eye. | Eyewash station |
| Inflammation of the liver; may be caused by a variety of agents, including viral infections, bacterial invasion, and physical or chemical agents; usually accompanied by fever, jaundice, and an enlarged liver. | Hepatitis |
| A severe infectious bloodborne virus. | Hepatitis B Virus (HBV) |
| A type of retrovirus that causes Acquired Immunodeficiency Syndrome (AIDS). | Human Immunodeficiency Virus (HIV) |
| Condition caused by the growth of a pathogenic microorganism in the body. | Infectious disease |
| Reasonably anticipated skin, eye, mucous membrane, or parenteral, contact with blood or other potentially infectious materials that may result from the performance of an employee's duties. | Occupational exposure |
| Other Potentially Infectious Material | OPIM |
| Introduced into the body by piercing mucous membranes or the skin barrier through events such as needlesticks, human bites, cuts, and abrasions. | Parenteral |
| In contaminated air, the parts of vapor or gas (formaldehyde) per million parts of air by volume; in solution the parts of chemical per million parts of solution. | Parts per million (PPM) |
| The maximum legal limits established by OSHA for regulated substances. These are based on employee exposures (for formaldehyde, the PEL is 0.75 ppm) that are time-weighted over an 8-hour work shift. | Permissible exposure limit (PEL |
| Those items of protection (specialized clothing or equipment) worn by an employee for protection against a hazard or to minimize exposure to hazards; those items worn by the embalmer to avoid contact with blood and other body fluids. | Personal protective equipment (PPE) When these limits are exceeded, employers must take proper steps to reduce employee exposure. |
| Hypodermic needles, suture needles, injector needles, scalpel blades, razor blades, pins and other items sharp enough to cause percutaneous injury, penetration of unbroken skin; | Sharps. may include other items normally not disposed of following use such as scissors, teeth, fingernails, and ribs. |
| OSHA-required, puncture-resistant, leak-proof receptacle for proper disposal of sharp objects. | Sharps container |
| Legal limits established by OSHA to which workers can be exposed continuously for a short period of time without damage or injury. Exposures at the STEL should not be for more than 15 minutes and not repeated more than 4 times per work day. | Short term exposure limit (STEL)STEL for formaldehyde is 2 ppm. |
| An evaluation of exposures that are time-weighted over an established period. It allows the exposure levels to be averaged generally over an 8-hour time period. | Time-weighted average (TWA) |
| na | Universal precautions |
| Procedures/controls that reduce the likelihood of exposure to a hazard by altering the manner in which a task is performed (e.g. prohibiting recapping of needles; | Work practice controls keeping the lid on the embalming machine during use to reduce the amount of HCHO fumes escaping into the air; not allowing blood splatter or aerosolization of blood while draining during the embalming process). |
| OSHA requires that funeral homes (actually all industries which may be exposed to formaldehyde) test to ensure employees are not over-exposed to formaldehyde. There are two tests that are taken during formaldehyde monitoring: | A. Short Term Exposure Level: B. Time Weighted Average (TWA) |
| A. Short Term Exposure Level: | 15 minute test taken at the height of exposure to formaldehyde which would be while mixing fluids, beginning injection or during injection of cavity fluid. Short Term Exposure Limit (STEL) = 2 ppm over a 15-minute time period |
| B. Time Weighted Average (TWA) | 8 hour test taken during a normal work day, Time Weighted Average has two levels that require different levels of corrective steps. Permissible Exposure Limits (PEL) = 0.75 ppm per 8-hour time period |
| 2. Action Level = 0.5 - 0.75 ppm per 8-hour time period | Action Leve is used to implement measures to reduce levels that are approaching the PELs. hit 0.5 ppm (but remain at or below 0.75 ppm) during 8-hour formaldehyde test, action now needs to be taken to prevent levels from rising any higher. |
| When do I monitor / complete the tests? | A. Initial formaldehyde monitoring must be completed each time there is a change in the procedure, personnel, or structure of the embalming room OR if there are reports of signs or symptoms that are associated with formaldehyde exposure. |
| When do I monitor / complete the tests? | If the embalming room is out of compliance or in the action level, additional monitoring is required. The funeral home may discontinue monitoring if the results of 2 consecutive samplings taken at least 7 days apart show the exposure level is below the |
| TWA is above .75 ppm | Red Light is a sad face because you are out of compliance and it may not be safe for employees or anyone in the room. |
| TWA is between .5 and .75 ppm | Yellow Light is concerned but not sad because you are in the action level and the embalming room is approaching the limit. |
| TWA is below .5 ppm | Green Light is happy face because you are in compliance and the employees are safe. |
| STEL is above 2 ppm | Red Light is a sad face because you are out of compliance and it may not be safe for employees or anyone in the room. |
| Notice the Yellow Light is missing because the Short Term Exposure results do not have an Action level. | t |
| STEL is at or below 2 ppm | Green Light is happy face because you are in compliance and the employees are safe. |
| 2. If the TWA is between .5 and .75 ppm, that is in the Action Level, the following steps (i.e. "actions") must be taken to prevent readings from reaching non-compliant levels: | Repeat monitoring within 6 months b. Place Formaldehyde warning sign on the door c. Conduct Medical surveillance d. Plan to reduce exposure levels |
| 3. If the STEL is above 2 ppm OR the TWA is above .75 ppm, then the embalming room is out of compliance and the following steps must be taken to bring the levels back into compliance: | Repeat monitoring within 12 months longer period of time for repeat monitoring to allow for any major changes that may need to occur (e.g. new ventilation system Conduct Medical surveillance Written Plan to reduce exposure level Formaldehyde sigh |
| 3. If the STEL is above 2 ppm OR the TWA is above .75 ppm, then the embalming room is out of compliance and the following steps must be taken to bring the levels back into compliance: | Respirators worn by all who enter embalming room i) All respirators need to be fit-tested before use. The standard lists elements of fit-testing. |
| The employer must maintain engineering controls and work practice controls to keep the formaldehyde exposure within compliance. | Engineering controls and work practices may include: a. wearing PPEs (personal protective equipment) b. ventilation that exchanges air c. cover the embalming machine with its lid d. recap empty embalming fluid bottles |
| The employer must maintain engineering controls and work practice controls to keep the formaldehyde exposure within compliance. | f. continual aspiration for an autopsied case e. run water continually on the table |
| 2. Hygiene Protection | change rooms for employees who are required to change from work clothing into protective clothing b. The employer shall provide a drench shower if the employee's skin may become splashed with solutions containing 1 percent or greater formaldehyde |
| 2. Hygiene Protection | The drench shower must produce at least 20 gallons of fresh water per minute (gpm) for 15 minutes. The eyewash station must produce at least .4 gallons of fresh water per minute (gpm) for 15 minutes. |
| 3. Signs for contaminated clothing and equipment | Signage should be placed on the embalming machine and any other equipment that contains formaldehyde, such as a washing machine that is used to wash contaminated laundry that may be soiled with formaldehyde. |
| The medical surveillance is done if the employee shows | Medical surveillance means that employer will pay for the employee to be seen by a physician (if needed) after completion of a medical disease questionnaire by the employee. signs/symptoms of formaldehyde exposur |
| If the employee does not agree with the opinion of the physician selected and paid for by the employer, the employee may request a second opinion within 15 days after receiving the results from the first physician. | If the first and second physicians disagree on the findings, they will select a third physician to review the case. If a third physician is chosen |
| it has the ability to induce genetic mutation | mutagenicity |
| it has the ability to cause birth defects | teratogenicity |
| Timing of Training for any employee who potentially comes in contact with formaldehyde | Provided at no cost during working hours 2. Training at the time of initial employment and at least annually thereafter |
| Record keeping | All monitoring results b. Medical records kept for duration of employment plus 30 years c. Exposure determination kept 30 years d. List of health complaints |
| Blood-borne Pathogen Standard Exposure Control Plan` | There must be a written plan and includes an Exposure determination for employees and contains: a. List of all job classifications in which all employees in those classifications have occupational exposure B. The plan must be reviewed annually |
| Engineering controls and work practice controls | PPE b. Hand-washing facilities 2. Disposal of sharps in sharps container without bending, etc |
| Engineering controls and work practice controls | puncture resistant 2) labeled or color-coded 3) leak proof on the sides and bottom 3. Eating, drinking, smoking, applying cosmetics, and handling contact lenses are prohibited |
| The employer must provide PPEs to the employee at no cost 2. The employer shall insure that employees use the PPEs 3. The employee shall wear all recommended PPEs 4. PPEs are removed prior to leaving work area | Gloves are required when there is a possibility of contact with blood. This includes during removals at homes. b. Masks, eye protection and face shields are required c. Gowns, aprons, and other protective clothing are required |
| Reusable sharps that are contaminated with blood or OPIM shall not be stored or processed in a manner that requires employees to reach by hand into containers where these sharps have been placed | sharps containers are then placed in a secondary leak proof container. This can be accomplished by placing the sharps container in the regular biohazard box. |
| 4. Other than sharps, contaminated items are placed in containers which are: | closable b. leak-proof c. labeled or color-coded d. closed prior to removal biohazard box Biohazard Bag 5. Contaminated laundry shall be handled in a safe manner and decontaminated as soon as possible. |
| 1. Employer makes Hepatitis B vaccination available to all employees who have occupational exposure: | At no cost to the employee b. At a reasonable time and place c. After the BBP training and within 10 days of beginning work |
| 1. Employer makes Hepatitis B vaccination available to all employees who have occupational exposure: | If an employee declines the Vaccination at the time of employee, but later wishes it is provided by the employer at no cost If an employee declines Vaccination, they must sign the declination that appears in the appendix of the standard. |
| Labels and Signs | Warning labels shall be affixed to containers of regulated waste, refrigerators containing blood or OPIM 2. Labels shall be fluorescent orange or red-orange 3. Red bags may be used for containers 4. Labels contain 3 interlocking circles |
| Timing of Training for any employee who potentially comes in contact with blood-borne pathogen or OPIM. | Provided at no cost during working hours 2. Training at the time of initial employment and at least annually thereafter pply only to those employees for which the exposure determination states they could potentially be exposed to bloodborne pat |
| Record keeping 1. Medical record for BBP shall include | name and SS# of employee b. copy of Hepatitis B vaccination c. copy of all results of examinations 2. Training records are maintained for at least 3 years from the date on which the training occurred 3. A sharps injury log is to be kept by the |
| common to have someone enter into an agreement on behalf of the business. when a fd (who does not own the funeral home) signs a contract with a family. fd is acting as an agent for the funeral home and the contract is valid because fd has been given | All people, corporations, partnerships, etc can appoint agents to enter into a contract on their behalf; and generally any competent person may serve as an agent, though in some cases, such as funeral directing, one must generally possess a license to ser |
| A prime example would be when a funeral director (who does not own the funeral home) signs a contract with a family. | director is acting as an agent for the funeral home and the contract is valid because the funeral director has been given that authority. |
| Many different powers can be delegated to an agent, as long as it is legal and not of a nature that does not prohibit one for transferring authority | (such as appointing someone to vote for you in a general election). |
| An example of the difference may be that the Manager of the funeral home can contract with not only families, but also with other workers (e.g. plumbers, roofers, etc). | While a funeral director can make a contract with a family, not all funeral directors at a funeral home may have the ability to hire other funeral directors to be on staff. |
| Created when a principal ratifies an action of a person who did not have the authority to act as they did. | example could be a funeral director who signs a contract forgetting to add the casket to the bill. Ratification |
| Created when a person leads another to believe a third party has the authority to act as an agent. | the owner/manager of the funeral home says to a family, this employee (funeral director) will take care of you and get anything you need. Estoppel |
| Created when a parent must pay for damages of a minor child. | funeral coach beaks down and the funeral director has to pledge to pay for repairs to the funeral coach to return home, Necessity |
| Created when one person signs a form/contract naming someone else to be their agent. | Examples could be naming my sister to be my durable power of attorney, or hiring a funeral director. Appointment |
| are those individuals who perform tasks for an employer, but generally the employer doesn't control the way the independent contractor performs the tasks, | Independent Contractors |
| is someone for whom the employer tells not only what is to be done, but how it is to be done, and provides the equipment to complete the task. | An Employee |
| s the legal status for those employees who do not have a contract and can be terminated or who can resign at any time for any reason. | Employment at Will |
| Agent's Duty to the Principal: | Loyalty and good faith Obedience Reasonable skill and diligence Accounting Information |
| The agent should be able to do the task to which they are assigned. | Reasonable skill and diligence |
| The agent should following the instructions of the principal unless the agent has reason to believe the instruction may harm the principal. | Obedience |
| The agent should not secretly own interest in a competing firm. | Loyalty |
| The expectation that its agents (employees) will tell them when there is information they need to know. | Information |
| Each agent must keep a record-keeping of all financial transactions. | Accounting |
| Principal's Duty to the Agent: | Compensation Reimbursement Indemnification Abidance by the terms of the contract |
| Agents expect the employer to abide by the contract. | Abidance by the contract |
| Agents should expect to be paid for their work and not to work for free. | Compensation |
| Agent should expect the funeral home to protect them if they are doing their job and are sued for something that happens. | Indemnification |
| Agents can expect the funeral home to pay them back if they pay for work items out of pocket. | Reimbursement |
| Contract under which one party is authorized to contract for another. | Agency |
| The party appointed by the principal to enter into a contract with a third party on behalf of the principal. | Agent |
| A process by which an employer and union negotiate and agree on terms of employment. | Collective Bargaining |
| A legal document authorizing an individual/organization to act as the agent on behalf of the principal that terminates upon revocation by the principal or death of the principal or agent and becomes effective upon the principal's becoming incompetent or u | Durable Power of Attorney |
| Employment terminable by the employer or employee for any reason. | Employment at Will |
| One who is authorized to execute the principal's business of a particular kind or all the principal's business at a particular place. | General Agent |
| One who contracts to perform certain tasks for a set fee, but who is independent of the control of the contracting party as to means by which the contract is executed, except for specifications established in the contract. | Independent Contractor |
| Written instrument appointing an agent. | Power of Attorney |
| A party who appoints a second party to serve as an agent to contract with third parties. | Principal |
| One authorized by the principal to execute specific act(s). | Special Agent |
| The Fair Labor Standards Act is enforced by the | Wage and Hour Division of the Department of Labor. |
| B. Are funeral homes covered? | least two employees, is involved in interstate commerce, and has a minimum of $500,000 in gross sales per year, the funeral home would qualify under the FLSA. |
| There are two tests that the court used to determine if a funeral director qualified as an exempted person (i.e. for the funeral director to not be covered by the minimum wage and overtime requirements.) | 1. If the person is paid a weekly salary of $684.00 or more. 2. The person is "licensed by and working in a state that requires successful completion of four academic years of pre-professional and professional study |
| person holds a license which requires two years of pre-professional post-secondary education, one year of professional courses in funeral service, one year of apprenticeship / internship and successful passage of an exam given by the state, | that person meets the qualification for exemption and therefore need not be paid overtime. |
| In states such as Florida where the licensing requirements is only a 2-year degree following high school, the exemption does not apply and overtime should be paid. | In states such as Minnesota that require a 4-year degree, there is no doubt that the funeral director is exempt from overtime laws. |
| 1. Independent contractors do not meet the requirements of the FLSA and therefore none of the provisions apply. | t |
| A funeral director is on-call on a Saturday and must come into the funeral home to be available. | Engaged to wait or Waiting Time: |
| A funeral director is on-call on a week night and is takes their cell phone while running personal errands. | Waiting to be engaged or On-Call Time |
| may be employed outside school hours in a variety of non-manufacturing and non-hazardous jobs for limited periods of time and under specified conditions. | 14 & 15 |
| not subject to the Federal youth employment provisions. | 18 or over |
| may not be employed in non-agricultural occupations covered by the FLSA. | Under 14 |
| may be employed for unlimited hours in any occupation other than those declared hazardous by the Secretary of Labor. | 16 & 17 |
| Family Medical Leave Act (in some circumstances) This applies to: | public agencies, including state, local and federal employers, local education agencies (schools), and private-sector employers who employed 50 or more employees in 20 or more workweeks |
| Family Medical Leave Act (in some circumstances) This applies to: | Therefore, most small funeral homes may not be required to meet the Family Medical Leave Act provisions, while large corporations, such as Service Corporation International, |
| Americans with Disabilities Act (ADA) A. Prohibits discrimination based upon a documented disability | B. In effect for businesses which employ 15 or more employees for each working day in each of 20 or more calendar weeks are required to meet these standards. |
| C. Can a funeral home choose NOT to hire a person based solely upon a disability? | No, the funeral home cannot ask if a person has a disability. If accommodations are needed, the person would be required to volunteer the information once hired. |
| The funeral home should have a job description with essential functions listed on the job description. | During the interview, the funeral home manager could ask if the applicant can perform the essential functions (with reasonable accommodations.) |
| In order to have the essential functions included as part of the interview, | the funeral home must stipulate that an applicant muse be able to perform said essential functions prior to advertising the position or they cannot require the employee to perform those functions. |
| Equal Pay Act A. Prohibits discrimination based upon gender. | C. In effect for businesses which hire 15 or more employees during a year. |
| Civil Rights Act of 1964 A. Prohibits discrimination based upon ethnicity, nationality, etc. | B. In effect for businesses which hire 15 or more employees during a year. |
| Age Discrimination in Employment Act A. Prohibits discrimination based upon age. | B. In effect for businesses which hire 20 or more employees during a year. |
| The Fair Labor Standards Act is In effect for businesses which hire | 2 or more |
| Between two or more states. | Interstate |
| Within a state. | Intrastate |
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jcowing