- Occupational Safety and Health Administration (OSHA)

Introduction

In 1970, Congress passed the Occupational Safety and Health Act "...to assure so far as possible every working man and woman in the nation safe and healthful working conditions and to preserve our human resources."
In general, coverage of the Act extends to all employers and their employees in the 50 states, the District of Columbia, Puerto Rico and all other territories under federal government jurisdiction. Coverage is provided either directly by the federal Occupational Safety and Health Administration (OSHA) or through an OSHA-approved state program.

The 23 states and two territories listed in this guide have OSHA-approved safety and health plans which apply to private sector employers. These plans are required to be at least as effective as federal standards. States are given six months to develop plans comparable to new federal mandates. If you are conducting business in one of these states, it is advisable to contact your local OSHA office to determine if additional compliance measures are required.

The Act has a general duty clause which states that each employer "shall furnish...a place of employment which is free from recognized hazards that are causing or are likely to cause death or serious physical harm to employees."

Beyond the general duty clause, OSHA is responsible for developing legal and enforceable standards deemed reasonably necessary and appropriate to protect workers on the job. Four such standards are of particular concern to funeral directors. They are:

• Occupational exposure to formaldehyde
• Hazard communication
• Protection against bloodborne pathogens
• Access to employee exposure and medical records

Although this guide is designed to educate funeral directors as to the requirements of specific OSHA regulations, it should not be relied upon to the exclusion of the actual regulations in effect in your state. Please utilize those regulations to determine if you are in compliance.

Keep in mind one of OSHA's basic requirements; every employer must display for all employees the Job Safety and Health Protection workplace poster (OSHA 2203 or state equivalent).

Funeral homes operating in federal OSHA states are not required to maintain logs of occupational illnesses and injuries on federal OSHA reporting forms 200 and 101, although some OSHA-approved state plans may require this practice. Funeral homes are required to report within 48 hours to their local or regional OSHA office any employment accident which results in death of an employee or the hospitalization of five or more employees.

Call the NFDA OSHA Support Line at 800-NFDA-OSH (633-2674) for information whenever you have a question about safety in the workplace. The support line is staffed by funeral directors who are experts in the area of occupational safety and health.

Documentation Checklist

Formaldehyde Program Includes:

• Chemical Information List
• Training Program Verification
• Hazard Determination Program
• Hazard Communication Program
• Training Program Procedure/Content
• Personal Protective Equipment Handout(s)
• Workplace Testing Procedures/Policies/Results
• Safe Handling and Usage Policies for Formaldehyde
• Formaldehyde Waste Disposition Programs/Policies
• Medical Surveillance (Follow up/Accidents/Incidents)
• Material Safety Data Sheets
• Medical Disease Questionnaire
• Workplace Visitor Release Form*
• Training Program Presenter Qualifications
• Statement for Independent Contractors*
• Spill/Leak Detection and Response Procedures
• Incident Reporting Forms (Staff and Management)
• Incident Report Follow-up Reporting and Check-off
• Respirator Fit Testing Program Verification (when required)
• Formaldehyde Contaminated Laundry Programs
• Employee Medical Records (Employees With Occupational Exposure, After Incident Occurrence)

Hazard Communication Program Includes:

• Chemical Information List
• Training Program Verification
• Emergency Response Forms/Letters
• Hazard Communication Program
• Training Program Presenter Qualifications
• Training Program Procedure/Content
• Personal Protective Equipment Handout(s)
• Incident Reporting Forms (Staff and Management)
• Hazardous Chemical Waste Disposition Program/Policies
• Material Safety Data Sheets
• Hazard Determination Program
• Superfund Amendments and Reauthorization Act(SARA)

Verification Forms/Letters

• Workplace Visitor Release Form*
• Emergency Responder Forms/Letters
• Statement for independent Contractors*
• Spill/Leak Detection and Response Procedures
• Incident Report Follow-up Reporting and Check-off
• Safe Handling and Usage for Workplace Chemicals
• Employee Medical Records (Forms for Employees With Occupational Exposure, After Incident Occurrence)

Occupational Exposure to Bloodborne Pathogens Program Includes:

• Exposure Control Plan
• Exposure Determination Plan
• Workplace Visitor Release Form*
• Universal Precautions Enforcement Procedures/Policies
• Training Program Content/Procedure
• Personal Protective Equipment Handout(s)
• Incident Reporting Forms (Staff and Management)
• Housekeeping Procedures (Verification Forms)
• Embalming Procedures—Infectious, Contagious, and/or Communicable Disease Procedures*
• HBV Declination Forms
• Training Program Verification
• Embalming Procedures—General*
• Training Program Presenter Qualifications
• Statement for Independent Contractors*
• HBV Verification of Administration Forms
• Instrument and Machine(s) Disinfection Procedures
• Laundry Procedures/Policies
• Employee Medical Records - Employees With Occupational Exposure (After Incident Occurrence)
• Potentially Hazardous Biomedical Waste Disposition Program (If Required by Federal/State/Local Agency)

General Documents Program Includes:

• General Safety Rules*
• OSHA 200 Forms*
• First Call Forms*
• OSHA 101 Forms and/or Alternatives
• Monthly Fire Extinguisher Reporting Form
• General Emergency Procedures
• Maintenance Procedures
• Computer Station/Electrical Preparedness*
• Motor Vehicle Accident Investigation/Reporting Forms
• Embalming Reports*
• Embalming Authorizations
• HIV/HBV Identification/Prevention Program
• TB Identification/Prevention Program
• Emergency Evacuation Procedures
• Emergency Response Questionnaires (Individual)
• Computer Policies*
• Motor Vehicle Driver/Safety Program
• Automotive Maintenance Documentation

* These forms are not specifically required, but are highly recommended.

Note: Some local jurisdictions may have additional requirements for documentation and/or licensing.

States and Territories With OSHA-Approved Program Plans

The following 23 states and two territories have OSHA-approved safety and health plans which apply to private-sector employers:

Federal OSHA Regional Offices

If you have any questions, please contact the NFDA Washington, DC office at 202-547-0877.