(Q3) OSHA and FTC (pg. 19,20,21,22)

Question 1

Enactment of OSHA

Answer 1

• Enactment and Enforcement in 1970,
• Under the dept. of Labor

Question 2

Purpose of OSHA

Answer 2

protect employees and the public

Question 3

General OSHA Standards for Businesses

Answer 3

• lighted exit signs
• fire extinguishers
• covering of electrical cords
• protective bars around
• mechanical equipment.

Question 4

Specific Standards Applicable to Funeral Homes

Answer 4

• formaldehyde monitoring (1988): PEL for TWA (.75), STEL (2.0), ACTION LEVEL (.5)
• hazardous communication (1988):Disclosure law about hazardous chemicals for protection of employees
• blood borne pathogens(1988): provide Hepatitis B vaccination and other requirements. Also, a disclosure law regarding diseases.
• needlestick safety and prevention act of 2000:Requires F.H. to have needlestick exposure control plan updated annually and Sharps container requirements.

Question 5

When must funeral homes have OSHA training?

Answer 5

All OSHA standards require yearly employee training with training records to be kept for 5 years.

Question 6

How long must funeral homes keep the medical records of their employees?

Answer 6

Medical records must be kept for 30 years from date employee left work for whatever reason

Question 7

Consequences for the Failure to Comply with OSHA Standards

Answer 7

– fines of up to $15000.00 per violation and other reprimands
- Officials make announced visits, sometimes.
- A violation is reported to the district manager who normally will contact the F.H. and discuss corrective action
- Some complaints can be made by disgruntled employee

Question 8

Enactment of FTC

Answer 8

• Enactment in 1984
• amended in 1994

Question 9

Purpose of the FTC Funeral rule

Answer 9

to protect the customer (families)

Question 10

General Price List (GPL) requirements from FTC

Answer 10

• Heading : name, address and phone number of F.H., GPL and effective date
• Must be a list of 16 goods and services separately priced that the funeral home offers
• Six mandatory disclosures on GPL
• Basic service charge

Question 11

What are the Six Mandatory Disclosures Required on the GPL?

Answer 11

1. choice of goods and services
2. non-declinable service fee
3. embalming disclosure
4. availability of casket price list
5. availability of OBCPL
6. alternative containers for direct cremation

Question 12

FTC Requirements for the Casket Price List (CPL)

Answer 12

• CPL must have name of funeral home, title, effective date and include any alternative containers and any caskets offered for sale.
• Does not have any mandatory disclosures

Question 13

FTC Requirements for the Outer Burial Container Price List (OBCPL)

Answer 13

• OBCPL must have name of funeral home, title, effective date and any outer burial containers offered for sale
• 1 mandatory disclosure: Outer Burial Containers are not required by law but may be a cemetery requirement

Question 14

FTC Requirements for the Statement of Funeral Home Goods and Services Selected (SFGSS)

Answer 14

a) mandatory disclosures
1. listing of legal or other requirements
2. embalming approval needs to be signed
3. marked up cash advances
b) prices must match exactly as those on the GPL
c) must be presented and given at the conclusion of the arrangement conference

Question 15

What must a funeral director do if asked about prices?

Answer 15

Whenever there is a “face to face conversation about your goods or services or their prices, the funeral director must present a GPL

Question 16

What must a funeral director do if asked about caskets or outer burial containers?

Answer 16

whenever there is a face to face conversation of caskets or their prices a price list must be presented
- before showing any caskets and/or outer burial containers, a price list must be presented

Question 17

Phone Disclosures

Answer 17

• must give accurate responses to inquires of caller.
• Can not require the caller to identify themselves
• Do not have to mail GPL/CPL/OBCPL if requested, but may do so

Question 18

Tying Arrangements

Answer 18

• Requiring the consumer to buy unwanted goods/services to receive the wanted goods/services
• This is illegal

Question 19

Retention of Price Lists and SFGSS

Answer 19

all price lists and the statement must be kept for at least one year from the date last used or distributed

Question 20

Enforcement by the FTC

Answer 20

• unannounced visits or phone calls by “pretend “mourners.
• Violations enforced by Attorney General.
• Fines can be from $15000 on up.

Question 21

What is FROP?

Answer 21

• Funeral Rule Offenders Program
• can request to take this program rather than pay the fine but program is expensive and may not be offered to repeat offenders. It also can be for a fairly long period of time