Frequently Asked Questions |
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Below you will find common questions that professional funeral directors have regarding continuing ed, regulatory compliance, website design and funeral industry software.
What are my chances of getting inspected by OSHA (Occupational Safety and Health Administration?
There is a realistic chance of getting inspected by any of the regulatory agencies that regulate the funeral industry. There can be a programmed inspection, an employee complaint, consumer complaint or surprise inspection. (etc.)
The goal is to be prepared for all potential inspections.
What is the General Duty Clause?
OSHA contains a general requirement, applicable to every employer, that imposes an obligation on you to maintain a safe workplace. The general duty clause requires every employer to provide every employee with a place of employment that is free from recognized hazards that are causing or are likely to cause death or serious physical harm. This obligation is an open-ended one because it is designed to protect employees in situations where there are no established standards. Thus, your potential liability under the Act is also open-ended.
OSHA also addresses identified hazardous activities or conditions through specific standards applicable to those hazards. Where the general duty clause and a specific OSHA standard address an identical hazard, you must comply with the specific standards (which are generally more stringent). However, complying with specific requirements that apply to known hazards is far easier than anticipating and correcting hazards that have yet to be officially identified. In any event, the general duty highlights the value of developing workplace safety plans in order to identify potential hazards that are unique to your workplace.
Enforcement
An employer can be found to be in violation of the general duty clause if it can be shown that:
· A hazard existed.
· The hazard was likely to cause death or serious physical harm.
· You had knowledge of the hazard or should have had knowledge because the hazard had been recognized by you, your industry, or common sense.
· The hazard was foreseeable.
· Workers were exposed to the hazard.
You can anticipate some hazards that might result in a violation of the general duty clause by looking at the emerging issues that OSHA is investigating for purposes of proposed rulemaking. For example, recognition of the hazards associated with office automation (ergonomics) and workplace violence make these hazards targets for general duty violations.
Does OSHA pertain to me?
Are You Subject to OSHA?
If you have employees, you are probably covered by OSHA. If you have none, you generally aren't covered, although in some cases businesses who use nonemployee workers such as independent contractors are still subject to OSHA. The Occupational Safety and Health Act is a comprehensive law - it covers most employers. Unless you are sure your business is exempt, you should assume that the law applies to you. As a practical matter, small employers (10 employees or less) are exempt from programmed inspections and injury and illness reporting. This doesn't mean that you aren't subject to other OSHA requirements, however. An employer under the Act is a person engaged in a business affecting commerce who has employees, but does not include the United States or any state or political subdivision of a State.
You are probably subject to OSHA requirements if you:
· are in control of the actions of your employee
· have power over the employee · are able to fire the employee The usual indications of an employment relationship, such as who pays the employee, are not part of the definition of an employer under OSHA. There are special circumstances, discussed below, if you are one of multiple employers or if you have workers other than employees.
Exemptions:
The following employers are not covered by the OSH Act:
· self-employed persons
· farms at which only immediate members of the farmer's family are employed
· those whose working conditions are regulated by other federal agencies under other federal statutes (This includes most employment in mining, nuclear energy and nuclear weapons manufacture, and many segments of the transportation industries.)
· persons who employ others in their own homes to perform domestic services such as housecleaning and child care
· churches and nonsecular church activities
· states and political subdivisions (although some state plans cover public employees)
· employers not engaged in interstate commerce (Interstate commerce is defined so broadly that it covers almost all economic activity in the United States.
If you, as an employer, purchase materials that came from out of state or use the telephone or mails, you are engaging in interstate commerce for purposes of this Act.)
Small business exemptions. OSHA exempts small businesses with 10 or fewer employees from injury and illness reporting. Small businesses in specified low-hazard industries are exempt from programmed inspections. The exempt categories are characterized by standard industrial classifications (SICs). Exempt categories include security and commodity brokers, dealers, exchanges; auto dealers and gasoline service stations; apparel and accessory stores; furniture, home furnishing, and equipment stores; eating and drinking places; miscellaneous retail; banking; credit agencies other than banks; security and commodity brokers, dealers, exchanges and services; insurance; insurance agents, brokers and services; real estate; holding and other investment offices; personal services; business services; motion pictures; legal services; educational services; social services; museums, art galleries, botanical and zoological gardens; membership organizations; private households; and miscellaneous services.
Multiple employers. Sometimes you may find that you are one of several employers at a job site who share authority or control over some employees. In case of an injury or violation, you need to determine who is liable for the damages or penalties. The OSH Review Commission considers many factors in determining whether the employer cited by OSHA had the responsibility for protecting the worker who was hurt or at risk:
· Who is responsible for controlling the employee's work?
· Who has the power to control the employee's work?
· Who has the power to fire the employee or to modify the conditions of employment?
· Who does the employee consider to be his employer?
· Who pays the employee's wages?
The first three factors, related to the issue of who controls the work environment, are given particular emphasis in determining who is the employer under the Act. The employee's belief as to who his or her employer is and who pays his or her wages has some bearing on the employment relationship in these situations as well.
Who needs annual OSHA Training?
An effective accident prevention program requires proper job performance from everyone in the workplace. As a business owner, you must ensure that all employees know about the materials and equipment they work with, what known hazards are in the operation, and how you are controlling the hazards.
Each employee needs to know the following:
· No employee is expected to undertake a job until he or she has received job instructions on how to do it properly and has been authorized to perform that job.
· No employee should undertake a job that appears unsafe.
· Consider combining safety and health training with other training that you do, depending upon the potential and existing hazards that you have. Your training goal is that all employees know how to keep themselves and their fellow workers safe and healthy.
Here are some actions to take:
· Ask a private consultant to recommend training for your worksite. The consultant may be able to do some of the training while he or she is there.
· Industry groups, trade periodicals, and other similar sources are ways to discover additional training resources.
· Make sure that you have trained your employees on every potential hazard that they could be exposed to and how to protect themselves. Then verify that they really understand what you taught them.
· Pay particular attention to your new employees and to tenured employees who are moving to new jobs. Because they are learning new operations, they are more likely to get hurt.
· Employees who are having personal problems may also need special attention. Make sure that you train your supervisors to know all the hazards that face the people they supervise and how to reinforce
training with quick reminders and refreshers, and with disciplinary action if necessary. Verify that they know what is expected of them.
· Make sure that you and your top management staff understand all of your responsibilities and how to hold subordinate supervisory employees accountable for their responsibilities.
What do I do if I get inspected?
The first thing you do is confirm the identity of the inspector by contacting their office and then confirm the purpose of the visit. Once this has been done and reason is established, assist the inspector with their request and don't question the initial findings. An appointment will be set up with an area director and that will be the time to deal with issues if any arise.
What are citations?
If a workplace inspection reveals violations of safety and health regulations or of your general duty to provide a safe and healthful workplace, OSHA will issue you a citation. The citation will charge you with a particular violation, set a time for abatement or correction of the condition, notify you of proposed penalties, and inform you of the procedure for contesting the charges before the Review Commission, should you choose to do so.
Citations are issued only to employers, regardless of whether the violation may have been caused or committed by an employee.
When you as an employer receive a citation, you have the choice of correcting the violations and paying the penalties, negotiating with OSHA to have the citation or penalties amended or withdrawn, or contesting the citation before the Review Commission. Before making the decision, you may request an informal conference with the OSHA Area Director. OSHA policy is to attempt to settle most cases, reserving litigation for the most significant cases. Only in the most egregious cases will OSHA interfere with the operation of your business by shutting it down.
If you cannot correct the condition, you can apply for a variance.
Defenses
You may defend against a citation by showing that:
· You lacked knowledge of the violation.
· No employees were exposed to a hazard.
· The violation was caused by an unanticipated employee violation of your work rule.
· Compliance with the standard would have created a greater hazard to employees.
· Compliance with the standard was impossible or not feasible.
Defenses to a general duty violation. In order to establish that it was the employee's misconduct and not you who is responsible for a citation under the general duty clause, you must show that:
· The employee violated a well-enforced work rule.
· The worker's conduct could not be predicted.
· The conduct could not be prevented.
The clause requires employers in all types of business to take OSHA seriously and to carefully maintain safety and health compliance.
How many credits do I need to renew my license?
You can go to the continuing ed section in our website. We have put the requirements for the states that participate in the continuing ed requirements. Each state has it own requirements and they do differ.
Why should I get a website?
A website is good for offering families you serve another means of obtaining information about funeral services and goods, in the comfort of their home. It also gives a family the opportunity to learn about you and your staff.
A website does not have to be expensive. You should not stray outside your budget when deciding on a website. Be careful and do your homework.
Remember nothing is free and always make sure you have the rights to your website and aren't just renting it by paying a high monthly charge.
What do I need to know when shopping for funeral home software?
You get what you pay for in software. You should decide what you want to implement in your funeral home. There are several software companies to review. Choose the one that has what you need. Many CPA's have a particular software they use...this means they will have you use that same software, therefore, you won't need Financial software, it would be a waste.
Make sure that you have access to someone in the event you need to troubleshoot a problem, it is a good idea to confirm you have a period of time that you can be trained using the software. This would mean no invoices being sent to you if you call with a question.
Try to avoid high yearly fees. This just adds to the expense and usually has no direct benefit to the funeral home.
What is a MSDS?
Material Safety Data Sheets (MSDS) These data sheets play significant roles in several recordkeeping requirements. · They are created and distributed as a part of comprehensive hazard communication program. · They are required as a part of any compliance obligation to be available and displayed prominently in the workplace. The public has a right to MSDS data upon request. · They must be written in English and contain: o the name of the chemical (same as on the label) o the chemical and common names of the substance o a listing of the ingredients o a statement of the ingredients that are known carcinogens or that present other known hazards o any specific hazards In general, if your business uses hazardous chemicals (as opposed to manufacturing or importing them for sale to others) you should be able to obtain a MSDS from the manufacturer, so that you can post it in the workplace and keep.
How do I record injuries to comply with OSHA?
Accident Reporting
Although small businesses (with 10 or fewer employees) are exempt from most of the injury and illness recording requirements, that small business exemption does not apply to the following accident reporting requirements:
· Within eight hours, you must report by telephone or in person to the nearest OSHA office (or by calling 1-800-321-OSHA) any accident that results in one or more fatalities or hospitalization of three or more employees.
· You must provide the public with MSDS data upon request.
Illness or Injury Reporting
An addition to the immediate reporting of serious accidents, every employer covered by OSHA that has 10 or more employees and is not exempt must maintain certain records of job-related accidents and injuries. OSHA Forms 300 and 300A. Injury and illness logs.
The forms:
· contains a line for each injury or illness, other than minor first aid treatment that does not involve medical treatment, loss of consciousness, restriction of work or motion, or job transfer
· provides a summary that includes the total of the previous year's injury and illness experience
· recaps the year on the last page that must be posted in the workplace for the entire month of February each year even if there are no illnesses or injuries reported
The OSHA 300A form must be made available to employees who move from worksite to worksite and to employees who do not report to any fixed establishment on a regular basis.
Forms are available from the Occupational Safety and Health Administration or from any office of the U.S. Department of Labor.
You may also click on the desired form to print immediately.
· Do not file Form 300 with the government unless requested to do so.
· Keep the completed form on file at the worksite and make it available to employees and OSHA compliance officers upon request.
· Preserve the forms for five years.
This is an individual accident report that must be completed within six days' notice of a situation that is recorded on Form 300. This form provides additional details about each injury or illness listed on OSHA Form 300. Some insurance or workers' compensation forms can substitute for this form in order to avoid duplication. Within six days' notice of a case that needs to be recorded on Form 300, a supplementary record of the case must be made on OSHA Form 301.
This form is to contain:
· employer's name
· employer's mail address
· location, if different from mail address
· employee's name and social security number
· employee's home address
· employee's age
· employee's gender
· employee's occupation
· employee's department
· place of accident or exposure
· whether the place of accident or exposure was on employer's premises
· what the employee was doing when injured
· how the accident occurred
· a description of the injury or illness in detail and an indication of the parts of the body affected by the injury or illness
· name of the object or substance that directly injured the employee
· date of injury or initial diagnosis of occupational illness
· whether the employee died
· name and address of the attending physician
· if hospitalized, name and address of hospital Additional information that is
required includes the case or file number, the date of the report, the name of the person who prepared the report, and the person's title/official designation.