Pennsylvania Funeral Directors Association
OSHA Compliance for the Funeral Home
Kathleen K. Ryan, Esquire
Pennsylvania Funeral Directors Association
OSHA Law29 U.S.C. Sec. 654 (b)
• Each Employer shall:• Assure their workplace is safe and free from
hazards that are likely to cause death or serious injury;
• Provide training;• Follow standards and keep current;• Keep records
Pennsylvania Funeral Directors Association
Inspection Priorities• Imminent danger• Catastrophes and fatal accidents• Employee complaints• Referrals• Planned or targeted inspections• Follow-up inspections
Pennsylvania Funeral Directors Association
Pennsylvania Law49 Pa. Code Sec. 13.181
• “A funeral director is responsible for the knowledge of and compliance with State and local health laws and regulations in addition to the act, this chapter and current Occupational Safety and Hazardous Administration regulations.
Pennsylvania Funeral Directors Association
Discrimination29 C.F.R. Sec. 1977
Employers cannot discharge or in any manner discriminate against any employee for:
• Filing a complaint or instituting any proceeding related to OSHA
• Testify or who will testify in any proceeding• Has exercised any right afford to he/she or others
under OSHA
Pennsylvania Funeral Directors Association
Accident/Illness Recordkeeping 29 C.F.R. Sec. 1904
Funeral Homes are classified as a “low hazard industry” and are generally exempt from this requirement EXCEPT funeral home employers must:• Report fatalities or inpatient
hospitalizations of three or more employees (within 8 hours of incident) as a result of a work-related accident/illness
• Report fatalities caused by a heart attack
• Maintain a log of occupation injuries and illnesses when notified by OSHA or Bureau of Labor Statistics (Form on website)
Pennsylvania Funeral Directors Association
Access to Employee Exposure and Medical Records
29 C.F.R. Sec. 1910.1020
• Employers must provide access to employees, their designated representatives and OSHA for relevant exposure and medical records, regardless of whether these records are maintained by a specific standard.
Pennsylvania Funeral Directors Association
Employee Exposure RecordA record that contains any of the following:• Workplace monitoring or
measuring of a toxic substance or harmful physical agent to which an employee has been exposed;
• Biological monitoring results which directly assess the absorption of a toxic substance or harmful physical agent by body systems
• MSDS sheets• Chemical inventories• Records must be kept for at least
30 years
Pennsylvania Funeral Directors Association
Employee Medical RecordAny record concerning the health status of an employee which is made or maintained by a physician, nurse or other health care person including:• Medical and employment
questionnaires/histories• Results of medical exams • Medical opinions, diagnoses, progress
notes and recommendations• First aid records• Descriptions of treatment and
prescriptions• Employee medical complaints• These records must be kept for a
duration of employment plus 30 years
Pennsylvania Funeral Directors Association
OSHA RequestsIf OSHA requests personal medical information, the employer MUST post a copy of the written access order and accompanying cover letter for at least 15 working days.
Pennsylvania Funeral Directors Association
Employee Training Employee training is required upon:• First entering into employment• Annually thereafter
Training consists of:• Existence, location and availability of records• Person in charge of records• Employee’s right of access to records
Pennsylvania Funeral Directors Association
Hazardous Communication Standard29 C.F.R. Section 1910.1200
Purpose is to ensure hazards of all chemicals are evaluated and that information about the hazard is transmitted to employees through a Written Hazard Communication Program• Develop• Implement • Maintain
Pennsylvania Funeral Directors Association
MSDS Sheets MSDS Sheets must be kept on all hazardous chemicals to which employees are or could be exposed. • Must have a current sheet from
manufacturer• Should be in two locations
(prep room) and some other easily accessible place in FH
• Procedure on replacement and removal of old ones
• Can be electronic• Must provide training
Pennsylvania Funeral Directors Association
Training for MSDS
Must Include:• An overview of the HCS requirements (on initial hire and
every time a new chemical is introduced)• Hazardous chemicals in workplace• Physical/health risks of chemicals• How to determine release of chemicals through use of control
procedures, work practices and PPE• Steps employer has taken to reduce exposure • Procedures to follow if exposed• How to read MSDS and obtain information• Location of Written Hazard Comm. Program and MSDS
Pennsylvania Funeral Directors Association
Revised Hazard Communication Standard
• 12/31/13, funeral establishments must train on new MSDS sheets (now called Safety Data Sheets or SDS)
• 6/1/15, manufacturers must comply with new standard but distributors can use up old products
• 6/1/16, funeral establishments must update workplace labeling and hazard communication program to comply with revised standard
Pennsylvania Funeral Directors Association
Bloodborne Pathogen Standard29 C.F.R. Sec. 1910.1030
Purpose: To minimize exposure to bloodborne pathogens or other potentially infectious materials
Bloodborne Pathogen - pathogenic microorganisms that are transmitted via human blood and cause disease. Ex: HIV, HBV .
Pennsylvania Funeral Directors Association
Exposure Control Plan
Must include:• Exposure determination• Schedule and implementation of
compliance• Hepititus B vaccination status• Post exposure follow up• Recordkeeping• Annual documentation of
innovations to prevent/reduce risk of injury
• Solicit non-managerial employees input
• Date you sought information• Decision reached and reason
therefor
Pennsylvania Funeral Directors Association
Storage of Hazardous Waste28 Pa. Code, Sec. 284
• Infectious waste may be stored at room temperature until the container is full but no longer than 30 days from the date the waste is placed in the container.
• A storage container that has been filled within 30 days from the date the first waste was placed may be frozen immediately for up to 90 days from the date the waste was first put in the container.
Pennsylvania Funeral Directors Association
Engineering Controls
• Eliminates hazards at their source
• Examples: Special containers for sharps/needles
Pennsylvania Funeral Directors Association
OSHA’s Position on Safer Needle Devices:
• Bloodborne Pathogens Standard requires use of engineering and work practice controls
• Failure to use engineering/work practice controls could result in a citation
• Devices which offer alternatives to needles are preferable
Pennsylvania Funeral Directors Association
Sharps Containers• Sharps must be disposed in
special containers• Must be labeled with universal
biohazard symbol and the word biohazard
• Containers must be readily accessible to employees, be puncture resistant, have leak-proof sides and bottoms, be upright throughout use, be replaced routinely and be filled only to capacity (not overflowing)
Pennsylvania Funeral Directors Association
Other Hazards Require Signage
Labels are required on:• Regulated waste• Laundry bags• Refrigerators/Freezers with
waste• Bags/Containers used to
store, dispose or transport infectious materials
• Contaminated equipment that is to be serviced or shipped
Pennsylvania Funeral Directors Association
Work Practice ControlsPractices to minimize hazards from blood/infectious materials:• Wash hands, minimize
spraying/splashing of blood.• Prevent needle sticks• Use PPE• Don’t allow eating/drinking,
applying of cosmetics, contacts in prep room
• Remove contaminated clothing before leaving work area
Pennsylvania Funeral Directors Association
800,000 Needlestick Injuries Occur Each Year in the United States
Source: Occupational Safety and Health Administration
Pennsylvania Funeral Directors Association
16,000 of These Are Likely to Be Contaminated by HIV
Source: American Hospital Association, 1992Source: Occupational Safety and Health Administration
Pennsylvania Funeral Directors Association
Up to 80% of All Accident Exposures to Blood Are Caused by Needlestick
Injuries
Source: Jagger, J., 1988
80%
Source: Occupational Safety and Health Administration
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Source: Chiarello, 1992
Source: Occupational Safety and Health Administration
Pennsylvania Funeral Directors Association
HBV and HCV Pose an even Greater Risk than HIV
Source: Centers for Disease Control and Prevention, 1991Source: Occupational Safety and Health Administration
Pennsylvania Funeral Directors Association
Occupational Risk of Hepatitis B
• Much more transmissible than HIV• Risk after needlestick: 2% - 40%• 1994 - 1000 health care workers developed
HBV infection• Approximately 200 HCWs die each year
Source: CDC, 1991; 1997Source: Occupational Safety and Health Administration
Pennsylvania Funeral Directors Association
Occupational Risk of Hepatitis C• HCV - major cause of chronic liver disease• No vaccine• No effective post-exposure prophylaxis• 85% of HCV infected people develop
chronic infection
Source: CDC, 1997; NIH, 1997Source: Occupational Safety and Health Administration
Pennsylvania Funeral Directors Association
Occupational Risk of HIV
• Risk after needlestick - 1 in 300• Exposures from needlesticks or cuts cause
most infections
Source: CDC, 1991; 1996Source: Occupational Safety and Health Administration
Pennsylvania Funeral Directors Association
HCWs with Occupationally Acquired HIV/AIDS Infection
Source: CDC, 1997Source: Occupational Safety and Health Administration
Pennsylvania Funeral Directors Association
Needlestick Injuries Are Costly
• Time and money to investigate the source• Post-exposure care• Lost work time and productivity• Treatment of resulting illnesses• Workers’ lives
Source: Occupational Safety and Health Administration
Pennsylvania Funeral Directors Association
Hollow-bore needles are the cause of injury in 68.5% of cases
Source: Ippolito, et al, 1997Source: Occupational Safety and Health Administration
Pennsylvania Funeral Directors Association
PPE Standard• Employer must offer PPE
free to employees• Must have a job hazard
assessment to determine what type of PPE needed
• Must have written certification that employees have been trained in use of PPE
• Prep room – gloves, aprons, booties, face shields, shoe covers, eye protection
Pennsylvania Funeral Directors Association
Housekeeping Techniques• Adhere to a regular cleaning
schedule that provides for decontamination
• Clean and decontaminate equipment and work areas after each contact with potentially infectious substance
• Apply at least 10% solution of bleach on contaminated site and allow to stand for 15 minutes
• Remove and replace protective coverings
Pennsylvania Funeral Directors Association
Formaldehyde Standard29 C.F.R. 1910.1048
Purpose: To ensure that no employee is exposed to an airborne concentration of formaldehyde that:• Exceeds 0.75 parts
formaldehyde per million part of air as an 8 hour time-weighted average (TWA) or
• Exceeds two parts formaldehyde per million parts of air (2 ppm) as a 15 minute short term exposure limit (STEL)
Pennsylvania Funeral Directors Association
Fan Location• Ceiling fans draw fumes
directly into the breathing space of the embalmer
• Wall fans are better because they draw the fumes horizontally away from the upper torso of the embalmer
Pennsylvania Funeral Directors Association
When to do test?• Initially• Each time there is a change in production,
equipment, process, personnel or control measures OR
• If employer receives report of signs/symptoms of respiratory or dermal conditions associated with exposure to formaldehyde
Pennsylvania Funeral Directors Association
NotificationEmployers must notify affected employees
within 15 days of receiving results of monitoring
AND
Post the results in writing
Pennsylvania Funeral Directors Association
SignageFor every area where the concentration of formaldehyde is present YOU MUST HAVE A SIGN THAT READS:
DANGER: FORMALDEHYDE. IRRITANT AND POTENTIAL CANCER HAZARD. AUTHORIZED PERSONNEL ONLY
Pennsylvania Funeral Directors Association
Requirements
Employers must have:
• Quick drench showers AND• An eyewash station in immediate work area• A Change room to change to and from
contaminated clothing• PPE provided free of charge
Pennsylvania Funeral Directors Association
Respiratory Protection Standard29 C.F.R. Section 1910.134
Respirators must be used in an emergency.
Emergency - “any occurrence, such as but not limited to, equipment failure, rupture of containers or failure of controlled equipment that results in a release of a significant amount of formaldehyde.
Pennsylvania Funeral Directors Association
Employer Musts for Respirator Use• A procedure for selecting respirator• Medical evaluations for those required
to use respirator• Annual fit testing for tight-fitting
respirator• Procedures for proper use in routine and
emergency situations• Procedures for cleaning/disinfecting,
storing, inspecting, repairing, discarding• Training in respiratory hazards• Training in proper use, putting on,
removing• Program evaluation procedures• Individual selected to give program• Medical evaluations – free of charge if
resp. required
Pennsylvania Funeral Directors Association
General Duty Clause• General safety: train staff on use of
equipment, lifting, ladders• Electrical safety training: temporary and
permanent wiring, power cords and outlets• Exit and egress, evacuation plan• First aid, fire extinguishers• Signage• Workplace violence
Pennsylvania Funeral Directors Association
Final Thoughts
• Forms for many of these programs• Must assign an individual at the FH to be
responsible• DO IT• Document IT• Expect more visits• State Inspectors can cite you for violations• Disgruntled employees
Pennsylvania Funeral Directors Association
ResourcesSamuel J. Gualardo, MA, CSP, Program DirectorPA/OSHA Consultation Program
Indiana University of PennsylvaniaWalsh Hall, Room 210302 East WalkIndiana, PA 15705-1066
Phone: 1-800-382-1241Fax: 724-357-2385E-Mail: [email protected]: www.osha.gov