Posted: May 16, 2014
NFDA has long advocated for refinements to the regulations that impact funeral homes. Small businesses, such as funeral homes, are disproportionately impacted by regulations. If a regulatory agency cites a small business for a violation, not only are they burdened by the cost of the fines and penalties, but the cost of correcting a violation. NFDA recently sent a letter to Sen. Rand Paul (R-KY) expressing strong support for S. 2216, "The Protect Small Business Jobs Act of 2014." This bill would, among other things, provide small businesses with a grace period for regulatory violations. Paul is the sponsor of S. 2216.
Click here to learn more about S. 2216. Following is the text of the letter sent to Paul:
Honorable Rand Paul
United States Senate
Washington, D.C. 20510
Dear Senator Paul,
Established in 1882, the National Funeral Directors Association represents more than 13,000 funeral homes and over 20,000 licensed funeral directors and embalmers in all 50 states and in over 40 countries worldwide. The average NFDA member is an independently owned and operated business with fewer than 10 employees and has been in the same family for over 60 years. NFDA is the leading funeral service organization in the United States and around the world, providing a national and international voice for the profession.
The National Funeral Directors Association supports S. 2216, "The Protect Small Business Jobs Act of 2014." Small businesses, such as funeral homes, are disproportionately impacted by the rules and regulations enforced by a myriad of federal agencies. Being a small business, with limited, non dedicated funds, funeral homes are heavily burdened by fines and penalties that they are required to pay, over and above the cost of correction of a condition. Available funds that must be set aside for a proposed penalty or fine would be more effectively spent on the funeral home's good faith effort to remedy a condition upon which a regulatory violation may be based.
The National Funeral Directors Association fully supports S. 2216's six month action delay and further supports the requirement that a federal agency, such as OSHA, make a final determination, at the end of an applicable grace period, as to whether the small business would still be subject to a sanction, considering the efforts made to correct the observed condition.
Funeral Service has an excellent compliance record and scrupulously strives to be in compliance with all applicable laws and regulations governing the practice of funeral service. As such, its continuing efforts in this regard should be recognized and supported. The imposition of penalties and sanctions should be reserved for those employers or industries that do not work to achieve compliance. Senate Bill S. 2216, recognizes good faith efforts by small businesses, such as funeral homes, and allows consideration of those efforts before further enforcement action is taken.
Thank you for your consideration. If you have any questions, please contact me at your convenience.
John H. Fitch, Jr.
Senior Vice-President, Advocacy
National Funeral Directors Association
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