FSL Chapter 06R3 - Funeral Establishment Laws

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FUNERAL SERVICE LAW

IN THE UNITED STATES, 2nd ed.

A GUIDE FOR FUNERAL SERVICE

STUDENTS

CHAPTER 6: FUNERAL ESTABLISHMENT LAWS

Music Copyrights

� Music is played in a funeral establishment to augment a welcoming, reverent,

and respectful atmosphere for family members and guests.

� Music will usually have copyright protections under the Copyright Act of 1976,

and any use without prior permission would be copyright infringement.

� Songs usually have two copyrights:

� One for the artist that wrote the lyrics and composed the music.

� One for the artist using the music and lyrics to record a rendition of the

song.

🟍

Music Copyrights continued

� If an establishment owner wants to play copyrighted music, they must pay a

fee to the copyright holders and be given a copyright license to use the
material.

� The NFDA has been proactive in this area of law on behalf of the funeral

service industry. They offer a ‘music license only’ that:

… covers the performance of music (live or recorded) that is played at any
funeral service, whether at the funeral establishment or at another facility as
long as it is performed in connection with some type of funeral or memorial

service or ceremony.

� The NFDA also has a ‘music webcasting license’ that provides for funeral

establishments to “broadcast musical performances over the internet.”

Health Insurance Portability and

Accountability Act (HIPPA)

� HIPPA – the Privacy Rule – protects individuals’ medical records and

personal health information. This protection includes any electronic, written,
or oral disclosure of this information.

� The rule requires safeguards to protect the privacy of this data and sets limits

and conditions on acceptable disclosures that may be made without patient
authorization.

� Funeral establishments are required to maintain the privacy of health records

and employ adequate safeguards to ensure any health information they
possess is not accessible to unauthorized persons or organizations.

Occupational Safety and Health Administration

� The Occupational Safety and Health Administration (OSHA), enforces

standards that make employers responsible for providing a safe and healthy
workplace for employees.

� The death of any employee as the result of a work-related incident must be

reported to OSHA within eight hours after the death.

� Upon the in-patient hospitalization of one or more employees or an

employee’s amputation or any employee’s loss of an eye, as a result of a
work-related incident, the employer must report the incident to OSHA within
24 hours.
🟍

OSHA Formaldehyde Standard

� The OSHA Formaldehyde Standard protects workers from occupational

exposures to any form of formaldehyde, including solutions, gas, or any
materials that release it into the workplace.

� Among other things, the standard:

� sets workplace exposure limits;

� specifies personal protection equipment;

� sets employee training requirements;

� mandates periodic monitoring of workspaces; and

� requires emergency plans to deal with any formaldehyde exposure

incident.

Formaldehyde

� Formaldehyde is a colorless, strong-smelling gas often found in water-based

solutions.

� It is commonly used as a preservative in medical laboratories and mortuaries,

and may be found in products such as particle board, glues, permanent press
fabrics, paper product coatings, fiberboard, and plywood.

� Formaldehyde is also widely used as an industrial fungicide, germicide, and

disinfectant.

� While the term formaldehyde describes various mixtures of formaldehyde,

water, and alcohol, the term ‘formalin’ is used to describe a saturated solution
of formaldehyde dissolved in water and other agents.

🟍

Formaldehyde Exposure Levels

� The permissible exposure limit (PEL) for formaldehyde in the workplace is

0.75 parts formaldehyde per million parts of air (0.75 ppm) measured as an
8-hour time-weighted average (TWA).

� The formaldehyde standard includes a second PEL in the form of a

short-term exposure limit (STEL) of 2 ppm which is the maximum exposure
allowed during a 15-minute period.

� The action level – the standard’s trigger for increased industrial hygiene

monitoring and initiation of worker medical surveillance – is 0.5 ppm when
calculated as an 8-hour TWA.
🟍

Harmful Effects of Formaldehyde

� Harmful effects of exposure may include an immune system response and

irritation of the eyes, nose and throat.

� Continued exposure may cause severe allergic reactions of the skin, eyes,

and respiratory tract.

� Ingestion can be fatal.

� Long-term exposure to low-levels can cause asthma-like respiratory

problems and skin irritation.

� Concentrations of 100ppm are Immediately Dangerous to Life and Health,

known as IDLH.

� The National Institute for Occupational Safety and Health considers 20 ppm

of formaldehyde to be IDLH.

Exposure Routes

� Workers can inhale formaldehyde as a gas or vapor or absorb it through the

skin as a liquid.

� In addition to healthcare professionals and medical lab technicians, groups at

potentially high risk include mortuary workers, as well as teachers and
students who handle biological specimens preserved with formaldehyde or
formalin.

� Airborne concentrations of formaldehyde above 0.1 ppm can cause irritation

of the respiratory tract, and the severity of irritation intensifies as
concentrations increase.

🟍

OSHA Requirements for Employers

� The OSHA Formaldehyde Standard specifies eight employer requirements:

Identify all workers who may be exposed to formaldehyde at or above the
action level or STEL through initial monitoring.

Reassign workers who suffer significant adverse effects. Reassignment
may continue for up to 6 months until the worker is determined to be able to
return to the original job or unable to return to work.

Implement feasible engineering and work practice controls to reduce and
maintain worker exposure at or below the 8-hour TWA and the STEL. If
these controls cannot reduce exposure to or below the PELs, employers
must provide workers with respirators.

🟍

Employer Requirements continued

Label all mixtures or solutions of greater than 0.1 percent formaldehyde.
For all materials capable of releasing formaldehyde at levels above 0.5 ppm
during normal use, the label must contain the words ‘potential cancer
hazard.’

Train all workers exposed to formaldehyde concentrations of 0.1 ppm or
greater at the time of initial job assignment and whenever a new exposure
to formaldehyde is introduced into the work area. Repeat training annually.

Select, provide, and maintain appropriate personal protective equipment
(PPE). Ensure workers use PPE, such as impervious clothing, gloves,
aprons, and chemical splash goggles to prevent skin and eye contact with
formaldehyde.

🟍

Employer Requirements continued

Provide showers and eyewash stations if splashing is likely.

Provide medical surveillance for:

� all workers exposed to formaldehyde at concentrations at or above the

action level or exceeding the STEL;

� all workers who develop signs and symptoms of overexposure, and

� all workers exposed to formaldehyde in emergencies.

🟍

Recordkeeping Requirements

� Employers are required to do the following regarding worker exposure

records:

� Retain exposure records for 30 years.

� Retain medical records for 30 years after employment ends.

� Allow access to medical and exposure records to current and former

workers or their designated representatives upon request.

🟍

OSHA Hazard Communication Standard

� The OSHA Hazard Communication Standard (HCS) is based on the concept

that employees have both a need and a right to know the hazards and
identities of the chemicals they are exposed to when working.

� They also need to know what protective measures are available to prevent

adverse effects from occurring.

� Under provisions of the HCS, employers are responsible for informing

employees of the hazards and the identities of workplace chemicals to which
they are exposed.
🟍

Exposure Hazards

� Chemical exposure may cause or contribute to many serious health effects,

such as heart ailments, kidney and lung damage, sterility, cancer, burns, and
rashes.

� Some chemicals may also be safety hazards and have the potential to cause

fires, explosions and other serious accidents.

� The HCS establishes uniform requirements to make sure the hazards of all

chemicals imported into, produced, or used in U.S. workplaces are
evaluated, and that this hazard information is transmitted to affected
employers and exposed employees.

The HCS is not limited to just formaldehyde.

It covers all hazardous chemicals in the workplace.

Downstream Flow of Informtion

The hazard communication

standard incorporates a

‘downstream flow of information’
requirement, which means that
producers of chemicals have
the primary responsibility for
generating and disseminating
information, whereas users of

chemicals must obtain the

information and transmit it to

their own employees.

Note: SDS stands for Safety

Data Sheet

Chemical Manufacturer's, Importers, and Distributors
Communicate hazard information and associated protective
measures downstream to customers through labels & SDSs.

Employers

• Identify/list hazardous chemicals in workplaces.
• Obtain SDSs and labels for each hazardous chemical, if not

provided by the manufacturer, importer, or distributor.

• Develop and implement a written hazard communication

program, including labels, SDSs, and employee training.

• Communicate hazard information to their employees

through labels, SDSs, and formal training programs.

Chemical Manufacturer’s and Importers

Determine the hazards of each product.

Hazard Communication Program

� A written hazard communication program ensures all employers receive the

information they need to inform and train their employees properly and to
design and put in place employee protection programs.

� It also provides necessary hazard information to employees, so they can

participate in, and support the protective measures in place at their
workplaces.

� Employers must develop, implement, and maintain a written, comprehensive

hazard communication program that includes provisions for container
labeling, collection and availability of safety data sheets, and an employee
training program.
🟍

Use of Labels

� Chemical manufacturers must convey hazard information downstream to

employers by means of labels on containers and safety data sheets (SDSs).

� In the workplace, each container must be labeled, tagged, or marked with the

identity of the hazardous chemicals, and show hazard warnings appropriate
for employee protection.

� Hazard warnings can be any type of message, words, pictures, or symbols

that provide at least general information regarding the hazards of the
chemical.

🟍

Safety Data Sheets

� Safety Data Sheets (SDSs) are detailed bulletins prepared by the

manufacturer of the chemical to which it applies.

� SDSs provide the following basic information.

Physical and chemical properties

Routes of exposure

Physical and health hazards
Emergency and first-aid

procedures

Precautions for safe handling and

use
Control measures

🟍

Safety Data Sheets continued

� Additional information that may be required on a Safety Data Sheet include:

Precautionary measures

Exposure limits

Whether the chemical is a known

carcinogen (cancer causing)

Known and acute chronic health

effects

Identification of the organization responsible for preparing the SDS

🟍

Globally Harmonized System (GHS)

� The Globally Harmonized System of Classification and Labeling is a system

for standardizing and harmonizing the classification and labeling of
chemicals.

� GHS is a comprehensive and logical approach to:

� defining health, physical and environmental hazards of chemicals;

� creating classification processes that use available data on chemicals for

comparison with the defined hazard criteria; and

� communicating hazard information, as well as protective measures, on labels and

Safety Data Sheets (SDSs).

� GHS provides standardized hazard testing criteria, universal warning

pictograms, and harmonized safety data sheets to provide a wealth of
information on hazardous materials.

Globally Harmonized System
Universal Warning Pictograms

OSHA Bloodborne Pathogen Standard

� Bloodborne pathogens are infectious microorganisms in blood that can cause

disease in humans.

� Pathogens include but are not limited to, hepatitis B virus, hepatitis C virus,

and human immunodeficiency virus, the virus that causes AIDS.

� Workers exposed to bloodborne pathogens are at risk for serious or

life-threatening illnesses.

� The standard has requirements for what employers must do to protect

workers who are occupationally exposed to blood or other potentially
infectious materials (OPIM).

� The standard protects workers who can reasonably be anticipated to come

into contact with blood or OPIM as a result of doing their job duties.

Employer Requirements

� The Bloodborne Pathogens standard requires employers to take these ten

actions:

Establish an exposure control plan.

Implement the use of universal precautions.

Identify and use engineering controls.

Identify and ensure the use of work practice controls.

Provide personal protective equipment (PPE).

Make available hepatitis B vaccinations to all workers with occupational
exposure.

🟍

Employer Requirements continued

Make available post-exposure evaluation and follow-up to any exposed
worker who experiences an exposure incident.

Use labels and signs to communicate hazards.

Provide information and training to workers.

10.

Maintain worker medical and training records.

🟍

Americans with Disabilities Act (ADA)

� The Americans with Disabilities Act of 1990 (ADA) is a federal statute

prohibiting discrimination against the disabled in employment, public
transportation, telecommunication services, and public accommodations and
services.

� The review here focuses on the ADA as it relates to those who visit a funeral

establishment as a public accommodation, while a future chapter reviews the
ADA as it relates to employment.

🟍

Public Accommodations

� Public accommodations are private entities who own, lease, lease to, or

operate facilities and are open to the public. The ADA lists ‘funeral parlor’ as
an example of a public accommodation.

� Funeral establishments must comply with requirements related to:

� architectural standards for new and altered buildings;

� reasonable modifications to policies, practices, and procedures;

� effective communication for people with hearing, vision, or speech disabilities; and

� other access requirements.

� Additionally, public accommodations that existed prior to the Act must remove

barriers where it is easy to do so without much difficulty or expense, given
the available resources of the public accommodation.

Disability

� To be protected by the ADA, a person must have a disability or a relationship

or association with an individual with a disability.

� An individual with a disability is defined by the ADA as a person who has:

� a physical or mental impairment that substantially limits one or more of the

major life activities of such individual;

� a record of such an impairment; or

� being regarded as having such an impairment.

🟍

Disability continued

� The term disability does not include:

� transvestitism, transsexualism, pedophilia, exhibitionism, voyeurism,

gender identity disorders not resulting from physical impairments, or other
sexual behavior disorders;

� compulsive gambling, kleptomania, or pyromania; or

� psychoactive substance use disorders resulting from current illegal use of

drugs.

🟍

ADA Public Accommodation Standards

� There are two sets of ADA public accommodation standards.

For buildings and structures not occupied until after January 1993, the
standards are not as strict because the building plans would have been
architecturally designed to incorporate the ADA requirements to provide
accommodations for the disabled.

For buildings and structures occupied before January 1993, the standards
are stricter, often requiring renovations and redesigns to bring them into
compliance with ADA requirements that did not exist when they were initially
designed and built.

🟍

Prior Existing Bldgs - Removing Barriers

� For prior existing buildings, the ADA requires the removal of barriers to

disabled persons whenever possible.

� The ADA provides over 20 examples of steps that may be taken to remove

barriers, including these that may apply to a funeral establishment:

Installing ramps

Widening doors
Installing a raised toilet

seat

Adding raised markings on

elevator control buttons

Making curb cuts in

sidewalks & parking spaces

Installing offset hinges

to widen doorways

Installing grab rails in

toilet stalls

Rearranging tables, chairs, vending machines, display

racks, and other furniture

Removing Barriers continued

� The ADA urges public accommodations to comply with the barrier removal

requirements in a priority order and lists the four priorities as being:

� First, take measures to provide access from public sidewalks, parking, or

public transportation. For example, installing an entrance ramp, widening
entrances, and providing accessible parking spaces.

� Second, Take measures to provide access to those areas where goods and

services are made available to the public. For example, adjusting the layout
of display racks, rearranging tables, providing Braille and raised character
signage, widening doors, providing visual alarms, and installing ramps.

🟍

Removing Barriers continued

� Third, take measures to provide access to restroom facilities. For example,

removal of obstructing furniture or vending machines, widening of doors,
installation of ramps, providing accessible signage, widening of toilet stalls,
and installation of grab bars.

� Fourth, take any other measures necessary to provide access to the goods,

services, facilities, privileges, advantages, or accommodations of a place of
public accommodation.

🟍

Readily Achievable

� The ADA only requires barrier removals be made when it has been

determined they are ‘readily achievable.’

� The ADA defines readily achievable as meaning “easily accomplishable and

able to be carried out without much difficulty or expense.”

� In determining whether an action is readily achievable, there are five factors

to be considered:

The nature and cost of the action needed to provide for the barrier removal.

The overall financial resources of the site or sites involved, including
number of persons employed at the site; effect on expenses and resources;
legitimate safety requirements necessary for safe operation, crime
prevention measures; or impact otherwise on the operation of the site.

Readily Achievable continued

The geographic separateness, and the administrative or fiscal relationship
of the site or sites in question to any parent corporation or entity.

If applicable, the overall financial resources of any parent corporation or
entity; the overall size of the parent corporation or entity with respect to the
number of its employees; the number, type, and location of its facilities.

If applicable, the type of operation or operations of any parent corporation or
entity, including the composition, structure, and functions of the workforce of
the parent corporation or entity.

🟍

Making the Initial Determination

� The ADA provides for the owner of the public accommodation to make the

initial determination on whether or not the barrier removal being considered
may be readily achievable.

� However, if the decision is challenged for any reason, the owner has the

burden of proof to demonstrate the barrier removal was not feasible or readily
achievable.

� For this reason, it is very important funeral establishment owners exercise

due diligence and good faith in exploring the potential for the removal of a
barrier.

� This would mean carefully taking into consideration the ADA criteria and

documenting the efforts taken when considering options.

Protections in the ADA

� ADA protections not only apply to the individual with a disability but also those that

“have a relationship or association with an individual with a disability.”

� This means those persons with a priority right to control a final disposition may also

be afforded protections under the ADA.

For example, if an establishment were to decline to provide services for a deceased
disabled person for any reason related to the disability, the family might then be in a
position to file a civil claim and seek damages based on ADA protections.

� Goods and services available must be the same as for a person with no disability,

including the same goods and services at the same prices on the GPL, regardless
of any existing disability at the time of death.

� No additional fees or special charges may be assessed to handle the case of a

decedent that was disabled.

Generic State Laws - A Review Pt.1 of 4

� There are hundreds of state and local laws that regulate the funeral service

industry. They may address these general topics:

� Business locations, such as being fixed facilities - not mobile or

temporary.

� Casket showrooms, including displays, prices cards, and price lists.

� Seating capacities and minimum spaces, such as chapels, morgues, and

arrangement rooms.

� Telephone requirements, such as fixed or mobile, the listing, and use of

answering services.

� Health and sanitary codes.
🟍

Generic State Laws - A Review Pt. 2 of 4

� Fire and safety standards.

� Handicap parking and access.

� Business licenses and permits.

� Requirement to have adequate staff.

� Advertising and endorsements.

� Food and beverages in the facility.

🟍

Generic State Laws - A Review Pt. 3 of 4

� Specific to preparation rooms and morgues …

� Walls, ceilings, and floors - such as construction material (non-porous).

� Operating tables and instruments.

� Chemical storage and labeling.

� Sanitary codes.

� Sufficient size for purpose.

� Secluded from public view.

� Proper ventilation/air exchange.

🟍

Generic State Laws - A Review Pt. 4 of 4

� Sewer and disposal facilities.

� Hot and cold running water.

� Eyewash stations and fountains.

� Drench showers.

� Windows covered.

� Security and access.

� Authorized personnel only.

🟍

THE END

Author: Larry J Cleveland

Publisher: Hudson Valley Professional Services

PPT Release: #3 June 2022
🟍

FUNERAL SERVICE LAW

IN THE UNITED STATES, 2nd ed.

A GUIDE FOR FUNERAL SERVICE STUDENTS

FUNERAL SERVICE LAW

IN THE UNITED STATES, 2nd ed.

A GUIDE FOR FUNERAL SERVICE

STUDENTS

CHAPTER 6: FUNERAL ESTABLISHMENT LAWS

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