OSHA Compliance for the Funeral Home Kathleen K. Ryan, Esquire.

Pennsylvania Funeral Directors Association

OSHA Compliance for the Funeral Home

Kathleen K. Ryan, Esquire


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


Inspection Priorities• Imminent danger• Catastrophes and fatal accidents• Employee complaints• Referrals• Planned or targeted inspections• Follow-up inspections


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.


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


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)


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.


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


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


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.


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


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


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


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


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


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 .


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


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.


Engineering Controls

• Eliminates hazards at their source

• Examples: Special containers for sharps/needles


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


Source: Chiarello, 1995


Retractable Blade Scalpel


Blunt Nose Needle


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)


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


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


800,000 Needlestick Injuries Occur Each Year in the United States

Source: Occupational Safety and Health Administration


16,000 of These Are Likely to Be Contaminated by HIV

Source: American Hospital Association, 1992Source: Occupational Safety and Health Administration


Up to 80% of All Accident Exposures to Blood Are Caused by Needlestick

Injuries

Source: Jagger, J., 1988

80%



Source: Chiarello, 1992



HBV and HCV Pose an even Greater Risk than HIV

Source: Centers for Disease Control and Prevention, 1991Source: Occupational Safety and Health Administration


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


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


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


HCWs with Occupationally Acquired HIV/AIDS Infection

Source: CDC, 1997Source: Occupational Safety and Health Administration


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



Hollow-bore needles are the cause of injury in 68.5% of cases

Source: Ippolito, et al, 1997Source: Occupational Safety and Health Administration


When Do Needlesticks Happen?


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


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


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)


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


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


NotificationEmployers must notify affected employees

within 15 days of receiving results of monitoring

AND

Post the results in writing


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


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


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.


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


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


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


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

mailto:[email protected]

OSHA Compliance for the Funeral Home Kathleen K. Ryan, Esquire.

Documents