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The Oklahoma Director OFFICIAL PUBLICATION OF THE March, 2013

OFDA March Director Magazine

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Page 1: OFDA March Director Magazine

The Oklahoma DirectorOFFICIAL PUBLICATION OF THE

March, 2013

Page 2: OFDA March Director Magazine

“ Homesteaders is committed to our firm with the same commitment we have to our client families. Bottom line, they take care of us.”

— Richard Dugger Dugger Family Funeral Homes Perry, Oklahoma

800-477-3633

Scan the QR code to learn more about Homesteaders Life Company

Homesteaders.I joined

Page 3: OFDA March Director Magazine

March 2013 1

From YourPresident

VOLUME XLV NUMBER 3

EditorJAY BAINES6801 N. Broadway, Suite 106Oklahoma City, Oklahoma 73116Phone: 405/843-0730 / 1-800-256-6332FAX 405-843-5404e-mail: [email protected]

OFFICERS

PresidentBILL MARSHALL, [email protected]

President ElectTHOMAS BURKHART, CFSP, [email protected]

Vice-PresidentJEREMY SPARKS, Oklahoma City

Secretary-TreasurerKENNY TIGNER, Enid

Immediate Past PresidentRICHARD DUGGER, CFSP, [email protected]

OFDA Policy Board Rep.PAUL I. THOMAS, Miami

BOARD OF GOVERNORS

District IVINCENT FRIEDERICH, Midwest City

District IIJEFF STUMPFF, Skiatook

District IIIKACEY FERGUSON, Waynoka

District IVMARK JOHNSON, Anadarko

District VBRIAN DOUGLAS, Ardmore

District VIJEREMY BURRIS, Coalgate

DISTRICT CHAIRPERSONS:

District IJOHN DAVENPORT, Norman

District IISCOTT SMITH, Sand Springs

District IIISTEVE WILSON, Pond Creek

District IVRICHARD VARNER, Cordell

District VJOHN HALE, Davis

District VITERRY BURCH, Antlers

THE OKLAHOMA DIRECTOR, the official publica-tion of the Oklahoma Funeral Directors Association,6801 N. Broadway, Suite 106, Oklahoma City, Oklahoma 73116, is published every month for thepurpose of providing information to the members ofthe association. The annual subscription rate for asso -ciation members is $5.00. Other subscriptions areavailable to non-members at an annual rate of $22.00.

Dear Member:

While writing my last letter as your President, I want tothank you for the opportunity you have given me to servein the chairs and as the president of OFDA.

Through both state and national meetings, I have hadthe good fortune to meet so many funeral directors in thisstate and nationally and that has been a real pleasure.Please note that this magazine has been dedicated to boththe FTC and OSHA requirements which must be met.Please review these issues with your staff and call ouroffice if you need additional information.

I want to wish our new slate of officers, governors andchairmen the best for the future and to let you know thatyour association has actively worked to keep you apprisedof issues that effect your business and it works to alwayshelp meet a new task.

Thanks again for allowing me to serve as your president.

Sincerely,

Bill Marshall2012-13 OFDA President

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2 The Oklahoma Funeral Director

I. Distribute the General Price List toall shoppers as soon as there is anydiscussion of funeral goods, funeralservices, the overall type of funeralarrangements or prices.

II. Maintain copies of the General PriceList throughout the funeral home, es-pecially in areas where funeral homestaff may encounter shoppers such asthe entrance way, reception areas,arrangement conference rooms, etc.

III. Do not enclose the General Price Listin plastic laminate or in a binder. TheGPL should be a printed list or pam-phlet which consumers may freelytake with them from the funeralhome.

IV. In the event a licensed funeral direc-tor is not available to meet with ashopper or if a shopper does not wishto see a licensed funeral director, thenon-licensed staff must be trained todistribute a General Price List to theshopper. Do not insist that a shoppersee a funeral director in order to re-ceive a General Price List.

V. The Casket Price List and the OuterBurial Container Price List must bedistributed to the consumer beforethey are shown the caskets or vaults.It is a good idea to place your CasketPrice List and Outer Price List out-side of display rooms to remind the fu-neral home staff to distribute theprice lists before showing caskets orvaults.

VI. All price lists are to be physicallyhanded to the consumer. Do notmerely offer to make a price list avail-able if the consumer desires it.

VII. Information from the price list mustbe given to all callers who telephoneand ask for it. While the funeral homemay ask the consumer to identifythemselves, it cannot insist that theconsumer identify themselves in orderto receive the desired price informa-tion. (A funeral home is not requiredto fax or mail its General Price List toa consumer who request it by tele-phone, except in certain states such asArizona.)

VIII. The Funeral Rule covers pre-needarrangements as well as at-needarrangements. It is also fully applica-ble regardless of whether you meetthe consumer at a residence or a facil-ity other than the funeral home.

IX. Never refuse service to, or impose anytype of handling charge or restrictionagainst, a family using third partymerchandise. Treat the family usingthird party merchandise exactly asyou would treat a family that is pur-chasing merchandise from you.

X. Do not impose any undue restrictionsagainst suppliers of third party mer-chandise. Treat them in the samemanner as you would treat whole-salers who deliver merchandise toyour funeral home.

TEN COMMANDMENTS TO AVOIDFTC FUNERAL RULE VIOLATIONS

By T. Scott Gilligan, NFDA

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March 2013 3

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4 The Oklahoma Funeral Director

FRANSISCO-MONROE FUNERAL CAR SALES, LLC

THANK YOUFOR THE BUSINESS YOU HAVE GIVEN US IN THE PAST AND

THE OPPORTUNITY FOR THE FUTURE!

RAY FRANSISCO JIM MONROE800 644 6777 CELL 214 912 8540

New 2013 OSHA Modification of the Hazard CommunicationsStandard and Actions to be Taken by Those Who Handle

Chemicals Which Includes Funeral Homes

On March 26, 2012, OSHA released a revisionto their Hazard communications documentStandard 1910.1200 which took effect on May26, 2012 releating to workplace safety andhealth. It retains portions of regulations relat-ing to exposure to hazardous and toxic chemi-cals which also includes the FormaldehydeStandard 1910.1048. The portion of the newstandard which releates to formaldehyde is 97pages in length.

By December 31, 2013, employers dealing withformaldehyde must train employees on the newlabel elements and the new format for theSafety Data Sheets (SDS) (formerly called thematerial safety data sheets).

By June 1, 2015, chemical manufacturers anddistributors must comply with the new stan-

dard but may ship chemicals labeled under theold system until December 1, 2015.

By June 1, 2016, funeral homes must update al-ternative workplace labeling and their writtenhazard communications program.

California OSHA recently ruled that gluter-aldehyde can cause occupational asthma andskin sensitation such as dermatitis. FuneralHomes using this chemical will need to be surethey meet exposure monitoring, ventilationsystems, work practices and personal protec-tive equipment. This means that FederalOSHA could pursue such requirements. Ifyour firm uses a gluteraldehyde product youshould keep in close communication with thatchemical company.

Page 7: OFDA March Director Magazine

March 2013 5

• Material Safety Data Sheets on products re-ceived prior to December 3, 2013 must bemaintained in your current MSDS binder orfile.

• Should a chemical manufacturer provide thenew Safety Data Sheet with Pictograms priorto December 31, 2013, these sheets must bekept in a new binder or files which will con-tain the new pictogram format sheets as fullimplementation of this request progresses.

• Please Note: The binder containing the orig-inal format Material Safety Data Sheetsmust be maintained for 30 years shouldOSHA conduct an investigation of your firm.Products received prior to December 31, 2013may be stored and used until the supply isexhausted.

• This information is being provided to you toemphasize the training and understandingby current and new employees who have ex-posure to chemicals and have them sign offand document your files on this training. To

be safe, hairdressers should be made awareof and sign off upon being made aware of thisnew standard.

• Only cosmetics stating they are for dead tis-sue would require a Safety Data Sheet. Overthe counter products would be exempt.

• If more than one facility is operated, SafetyData Sheets need to be in each locationwhere chemicals are stored.

• Strive to mix only the amounts of chemicalthat you will use each time however, if excessproduct is stored you must create a warninglabel which states: This mixture containsformaldehyde, the name and address of theresponsible party, the physical and healthhazard information from the Safety DataSheet and it must state that it may causecancer.

• When this information is presented to em-ployees, a person must be present who cananswer questions.

Page 8: OFDA March Director Magazine

6 The Oklahoma Funeral Director

Hazard Communication Safety Data SheetsThe Hazard Communication Standard (HCS) requires chemical manufacturers, distributors, orimporters to provide Safety Data Sheets (SDS) (formerly known as Material Safety Data Sheets orMSDSs) to communicate the hazards of hazardous chemical products. As of June 1, 2015, the HSCwill require new SDSs to be in a uniform format, and include the section numbers, the headings,and associated information under the headings below:

Section 1, Identification includes project identifier; manufacturer or distributor name, address,phone number emergency phone number; recommended use, restrictions on use.

Section 2, Hazard(s) identification includes all hazards regarding the chemical; required labelelements.

Section 3, Composition/information on ingredients includes information on chemicalingredients; trade secret claims.

Section 4, First-aid measures includes important symptoms/effects, acute, delayed; requiredtreatment.

Section 5, Fire-fighting measures lists suitable extinguishing techniques, equipment; chemicalhazards from fire.

Section 6, Accidental release measures lists emergency procedures; protective equipment; propermethods of containment and cleanup.

Section 7, Handling and storage lists precautions for safe handling and storage, includingincompatibilities.

◆ Air Sampling: This is the top of the list. Most funeral directors will purchase the kits and let them become outdated before gettingthe sampling completed. The reason lies in the complication involved with not knowing how to use the monitor. OSHA requires botheight-hour and fifteen minute air samplings;

◆ Eye Wash/Shower Station Required: OSHA requires an eye wash and shower station, either inside the prep room or within 20 feet,with no passage blocked. Cool or cold water is required;

◆ Keeping Lids on Embalming Machines: This is a must, along with maintaining a maintenance record. Many citations have also beenissued for improper grounding of electrical cords;

◆ Improper Ventilation System: Obtain professional advice before upgrading air systems;

◆ Proper Storage of Hazardous Waste: Do not store hazardous waste in areas where employees and visitors to the funeral home canbe exposed. A biohazards waste container is essential and must be removed by a licensed biohazards waste removal company. Thecontainer must be kept in the prep room;

◆ MSDS and Labeling: This is required for: dirty laundry covers or bins; embalming machines; refrigerator doors; sharps containers; andviscera buckets. The color of biohazards labels must be fluorescent orange or orange-red. Lettering of symbols must be in a contrastingcolor. Any container holding biohazard waste must be labeled;

◆ Formaldehyde Labeling: The following labels are required on the laundry containers or bins: “Danger—Formaldehyde ContaminatedClothing; Avoid Inhalation and Skin Contact.” And on the viscera bucket and embalming machine, attach the following notice: “Dan-ger—Formaldehyde; Avoid Inhalation and Skin Contact.”

◆ Cleaning: Keeping a prep room clean is a common sense basic. Maintaining an up-to-date cleaning schedule is very important—so establish a cleaning schedule and stick to it.

◆ Not providing and requiring employees to use personal protective equipment: In addition, respiratory equipment is required whenair samplings have not been completed or when air monitoring is not within OSHA standards.

OKLAHOMA’S TOP 10 — Prep Room ViolationsThe problems commonly generating the greatest fines and aggravation include:

Page 9: OFDA March Director Magazine

March 2013 7

Page 10: OFDA March Director Magazine

8 The Oklahoma Funeral Director

WANTED: Licensed Embalmer/Funeral Director. Topsalary for the chosen candidate. Call 918-712-7770 or [email protected].

VEHICLE FOR SALE. 2012 Chrysler Town and Country/Federal Conversion fully loaded, pictures avail-able online at [email protected]. Less than 2,000miles. Contact Jerry McNeil at McNeil’s Mustang FuneralService, Mustang, OK 405 990-1412 or 405 376-1616.

FOR SALE: 6 Double Casket Display Racks. ContactJohn at 580-465-3768.

WANTED: Licensed embalmer & F.D. Call Smith F.H.,Anararko 405-247-3701 and ask for Darla or Mary.

FOR SALE: Guldman body scoop mortuary lift. Asking$8,000. Contact Lanman Funeral Home (580) 852-3212.

BUGLER AVAILABLE: Contact Everett Fleharty, StateBugler for the American Legion at 405-771-4321.

BUGLER AVAILABLE: Buglers Across America.orgprovides “Taps” for veterans. Call Jay at 580-774-8593.

OKLAHOMA NATIONAL GUARD Military FuneralHonors Program. 405-228-5089 or 405-228-5076.

FINAL RIDE — Harley Trike & Hearse Trailer. 405-641-5276.

CLASSIFIED

Page 11: OFDA March Director Magazine

March 2013 9

Dear Editor,

Many today are tired of the 24 hours continuing education required to maintain our pre-need insurance license. If it’s an on line class or 4 days in a classroom setting, therequirements for funeral home pre-need insurance agents has become burdensome,excessive and very inconvenient. The small family owned firm relies on its staff daily tomaintain the business, and the larger firms with larger volumes don’t always have thefreedom to allow multiple staff members days off to attend continuing education classes.

Continuing education is an important tool in helping to keep pre-need agents up on newlegislative updates and products, however there are many times we may go for days, maybeweeks without having a written a pre-need. We are not licensed insurance agents that relycompletely on pre-need as our income.

As Oklahoma funeral directors it is time for some changes in the Pre-need Licensingrequirements. Why not have a special license for funeral directors just limited to writingpre-need. Only two or three pages are required to fill out for each preneed each time apre-need is written. We need 24 hours of continuing education for that? The state of Texasuses this program and we should adopt this rule as well.

It is time to getter done.

Respectfully,

Jack SelbyBixby Funeral Service

Page 12: OFDA March Director Magazine

10 The Oklahoma Funeral Director

Expand Your OpportunitiesExpand your Funeral Service career opportunities with a dual degree or double major in Forensic Science to

become a crime scene investigator or coroner

University of Central Oklahoma students may earn a double major by completing

30 hours in the Forensic Science Program where all or part of the 30 hours in

the Forensic Science Program may be obtained as free electives in the student’s

Funeral Service Degree program. As an option, students may earn a dual degree

by satisfying all requirements in an existing undergraduate program at UCO and

concurrently complete an additional 30 hours in the Forensic Science Program.

For more information, contact:Department of Funeral Service

100 North University Drive, Box 186Edmond, OK 73034

(405) 974-5001 Fax (405) 974-3848

Live CentralUNIVERSITY OF CENTRAL OKLAHOMA

Edmond, OK (405) 974-2000 www.uco.edu

TM

The UCO Forensic Science Institute is a world-class institute dedicated to quality forensic science education, training, and research for professionals and students. www.uco.edu/forensics

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Page 13: OFDA March Director Magazine

March 2013 11

WHEN IN DOUBT —HAND IT OUT

1. Do you have copies of the GPL by thefuneral home door, on the receptionist’sdesk, and in the arrangementconference room? IF NOT, PUT ASTACK OF GPLs IN EACH ROOMRIGHT NOW.

2. As soon as a shopper enters the funeralhome to inquire about funeral goods orservices — HAND THE SHOPPER AGPL.

3. If you encounter a family memberduring a removal and the individual askabout funeral arrangements — HANDHIM OR HER A GENERAL PRICELIST.

4. Before you discuss funeral goods andservices with a family at thearrangement conference — HANDTHEM A GENERAL PRICE LIST.

5. Before any shopper enters the casketdisplay room — HAND HIM OR HERA CASKET PRICE LIST.

6. Before any shopper is shown a displayof vaults — HAND HIM OR HER ANOUTER BURIAL CONTAINERPRICE LIST.

7. Every shopper and every family whomakes funeral arrangements with thefuneral home — SHOULD LEAVETHE FUNERAL HOME WITH ACOY OF THE GENERAL PRICELIST.

8. Every family that makes a preneed orat-need purchase of funeral goods andservices — SHOULD BE HANDED ACOMPLETED COPY OF THESTATEMENT OF FUNERAL GOODSAND SERVICES SELECTED.

9. If there is any question about whetheryou need to give a price list to anindividual — HAND IT OUT.

BY DECEMBER 31, 2013, EMPLOYEES DEALING WITH FORMALDEHYDEMUST SIGN-OFF THAT THEY HAVE BEEN INFORMED ABOUT THE 22 AREASLISTED BELOW. IF YOU DID NOT ATTEND THE SPRING, 2013 OFDADISTRICT MEETINGS, YOU CAN CONTACT THE OFDA OFFICE TO OBTAINA TRAINING FORMAT FOR THIS NEW REQUIREMENT.

The Revised OSHA HazardCommunication Requirements

• What is the Globally Harmonized System• Why did OSHA decide to modify the Hazard

Communication Standard• What is the Phase-in period in the revised Hazard

Communication Standard• Why must training be conducted prior to the

compliance effective date• What are the major changes to the Hazard

Communication Standard• What Hazard Communication Standard provisions

are unchanged in the revised HCS• How will chemical hazard evaluation change under

the revised Hazard Communication Standard• How will labels change under the revised Hazard

Communication Standard• What pictograms are required in the revised Hazard

Communication Standard-What hazard does eachidentify

• Can I use a black border on pictograms for domesticshipment

• Will OSHA allow blank red borders• When must label information be updated• How will workplace labeling provisions be changing

under the revised Hazard Communication Standard• How is the Safety Data Sheet changing under the

revised Hazard Communication Standard• Will TLVs be required on the Safety Data Sheet• May the International Agency for Research on

Cancer and the national Toxicology Program lists beused to make carcinogen classifications

• Will the International Agency for Research on Cancerand the National Toxicology Program classificationsbe required on the Safety Data Sheet

• How has OSHA addressed hazards covered under thecurrent Hazard Communication Standard that havenot been addressed by the GHS

• How has OSHA addressed pyrophoric gases, simpleasphyxiates and combustible dust

• How many businesses and workers would be affectedby the revised Hazard Communication Standard

• What are the estimated overall costs for industry tocomply with the revised Hazard CommunicationStandard

• How will OSHA manage and communicate changesto the Hazard Communication Standard based on theU.N. 2 year revision requirement

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12 The Oklahoma Funeral Director

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March 2013 13

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PRSRT STD.US POSTAGE

PAIDPermit No. 1474

Oklahoma City, OK 73125

ADDRESS SERVICE REQUESTED