Flashcards in Mortuary Law- Chapter 13 Deck (31):
the Occupational Safety and Health Act was enacted by Congress in
the act created the
Occupational Safety and Health Administration (OSHA) within the department of labor
to protect the nation's employees by implementing new safety and health programs, providing research into occupational safety, instituting a reporting and recordkeeping system to track job related injuries and illnesses, and establishing training programs, and developing and enforcing mandatory job safety and health standards.
coverage is provided by
an OSHA-approved state program
California, Maryland, Minnesota, Tennesse and Washington
have more strict standards than those maintained by OSHA
who is subject to OSHA
any person or business that is engaged in business and has employees is subject to OSHA.
OSHA does not cover
self employed persons.
to enforce its standards OSHA
conducts workplace inspections
OSHA officer conducts a closing conference with employer post- inspection (inspections are random or triggered by complaints etc), violations are discussed and compliance officer submits a report to OSHA area director with a recommendation to proposed penalties.
Area director may issue citations and propose penalties for those citations. When issued a citation, an employer may request an informal meeting with OSHAs area director. IF employer does not contest, they must fixed cited hazard by prescribed date.
All employers must display OSHA's
job safety and health protection workplace poster 2203 or its state equivalent. Should be on bulletin board for employee notices.
As a service industry funeral homes are exempt from OSHA's basic
record keeping requirements are
maintenance of OSHA Form 200 (log and summary of occupational illness and injury), OSHA Form 101 (supplementary information of each injury and illness in the log) _unless funeral
record keeping requirements are
maintenance of OSHA Form 200 (log and summary of occupational illness and injury), OSHA Form 101 (supplementary information of each injury and illness in the log) _unless funeral home is notified by Bureau of Labor Statistics that it must maintain these records, then it is exempt. State requirements may require funeral homes to keep these records though.
In the event of an accident at the funeral home involving the death of an employee or the hospitalization of five or more employees, the employer must report the accident to the local or regional OSHA office within
48 hours of the accident.
Funeral homes subject to general requirements of OSHA examples are
-fire extinguishers locations, exit lights, installation, marking and grounding of electrical equipment, outlets, width, depth, texture and angle of working surfaces warning signs etc.
Funeral Directors are required to comply with three specific OSHA standards
1. formaldehyde exposure standard
2. the hazard communication standard
3. bloodborne pathogen standard
formaldehyde exposure standard took into effect in
purpose of formaldehyde exposure standard
to establish permissible exposure levels for formaldehyde in the workplace.
three basic exposure levels
1. 8 hour time weighted average (TWA) of .75 ppm
2. 15 minute short term exposure level (STEL) of 2 ppm
3. if 8 hour TWA is .5 ppm, the employer has exceeded the Action Level and is required to take certain remedial steps.
retesting of these levels should be made
whenever changes are made in personnel, equipment or other areas that may cause levels of formaldehyde to increase. all monitoring results should be placed in permanent records.
The seven ongoing standards that a funeral home must always be in compliance with in regards to formaldehyde exposure standard are:
1. protective equipment and clothing-googles, gloves, etc.
2. hygiene protection-drench shower, room to change into protective clothes. showers must drench employee for 15-20 minute period and must be in immediate vicinity, eye wash station. eye wash squeeze bottles are not sufficient under the standard.
3. housekeeping-spills, leaks promptly cleaned, formaldehyde waste disposed of in sealed containers
4. emergencies-must have procedure in event of emergency due to formaldehyde exposure
5. hazard communication-MSDS on formaldehyde
6. employee training
7. recordkeeping-all applicable records including the monitoring record must be kept for 30 years. Employees should certify that they have received training and a written report of the monitoring results.
3 remedial steps to take if the STEL level is below 2ppm and the TWA level is below .75 ppm but above the .5 ppm Action level:
1. formaldehyde exposure reduction-fans, rearrangement so formaldehyde flows away from embalmer, 15 air changes per hour in the prep room is optimal
2. periodic monitoring-repeat formaldehyde monitoring every 6 months until exposure falls below action level
3. medical surveillance-of employees who are exposed to formaldehyde. medical questionnaire to be answered by employees under supervision of doctor.copy of physicians written medical opinion is to be provided to the employee and one copy is to be maintained in the employer's records for 30 years.
if formaldehyde monitoring shows that the level exceeds the STEL of 2 ppm or the TWA of .75 ppm, the funeral home is required to institute three more additional remedial steps
1. written plan
2. posting of warnings
3. respirators-funeral home must provide.
Hazard communication standard took into effect in
Hazard communication standard is
a disclosure law so that employees are provided with information regarding the hazardous materials they are working with.
four basic requirements of the hazard communication standard:
1. Material Safety Data Sheets (MSDS)-for all manufacturers of products used or stored at the funeral home that contain hazardous substances. Must also be placed in an MSDS binder, written backup must be available if in electronic form.
2. container labeling-all containers with hazardous products must be labeled with the name of the product, appropriate hazard warnings, the name and address of the manufacturer. only execption is if it is placed in a container of 10 gallons or less and is used immediately
3. employee training- funeral home must develop a written hazard communication training and information program for its employees. program should be provided for all new employees and when a new hazard is in the work environment.
4. hazard communication program- funeral home must institute written hazard communication program which outlines how funeral home intends to comply with the requirements of the hazard communication standard.
OSHA instituted the Bloodborne Pathogen Standard in
Bloodborne pathogen standard became final in
Bloodborne pathogen standard contains 6 compliance requirements:
1. exposure control plan-how funeral home plans to institute safe work habits etc.
2. hepatitis B Vaccination-funeral homes must make hepatitis B Vaccination series available to employees who have exposure to bloodborne pathogens. Vaccination must be made available at no cost to employees and at a reasonable time and place. one to two months later, HBV antibody testing is required of all employees receiving the vaccination.
3. protective equipment and clothing
4. training program-each employee with potential occupational exposure must complete a training program when initially hired and annually thereafter. All employees who undergo the training should certify when and under what conditions they receive training.
5. exposure incidents-employer must make available to the exposed the employee post exposure evaluation and follow up
6. recordkeeping-training records must be maintained for 5 years. medical records for an employee must be maintained for 30 years. each employee should have medical records file containing his or her name, social security number, hepatitis B vaccination, record of exposure incidents, and medical evaluations.
Amendment to the blooborne pathogens standard
needlestick safety and prevention act
(passed by congress in November 2000)
-into effect April 2001-requires all funeral homes to have a written needlestick exposure control plan that is updated on an annual basis.