During the multiple heat-related illness cases relating to the United States Postal Service (USPS), the Occupational Safety and Health Administration (OSHA) was able to establish extreme heat being a major workplace hazard. However, the agency neglected to provide effective abatement techniques in the case. Due to this, the Occupational Safety and Health Administration Review Commission (OSHRC) supported the decision made by the administrative law judge to vacate citations in all but one case. The CasesThese citations were related to seven employees working during the summer of 2016 in five cities. Every letter carrier experienced illness when they were out delivering mail in the extreme heat and had to get medical treatment. OSHA claimed that six of these workers became ill due to excessive heat. Five citations were filed against USPS for these alleged violations. The Administrative Law Judge (ALJ) vacated the five citations after finding that OSHA neglected to prove the workplace conditions were hazardous and that effective and feasible measures were accessible to abate the conditions. In four cases, the OSHRC agreed the agency established that the extreme heat conditions posed a hazard for the workers under the general duty clause but found the abatement suggestions OSHA made for the hazardous conditions for these cases fell short. For the fifth one, the OSHRC found that USPS indeed neglected to offer proper heat-related illness training to the supervisors. Therefore, this case was remanded for additional review. OSHA Failing to Prove Effective Abatement MeasuresAccording to OSHA, the USPS was in violation of the general duty clause as it failed to implement a proper program to manage exposure to extreme heat. Thus, OSHA suggested the following measures:
However, the USPS proved that it was already following most of these measures or was already in the process of implementing them. Employers Must Establish Heat Illness Prevention Plans With Proper TrainingThis recent incident highlights the significance of a detailed heat illness prevention plan. Employers must not only have a written plan implemented but also provide sufficient training to their workers. Based on guidance provided by OSHA, supervisors must be trained to:
Aside from this, the guidance also recommends employers create a heat illness prevention plan that:
Training must be provided to workers to spot stages and signs of heat illness, steps to report them, provide appropriate first aid when needed, and understand how and when to get emergency medical assistance. This post, excerpted with approval from The Federal Regulatory Review published in August 2023, is provided by Regulatory Support Services, Inc. for informational purposes only. Nothing contained in this publication should be construed as legal advice. It is always recommended that you consult your legal counsel for legal advice specific to your business.
CANA members receive a 10% discount on annual contract for OSHA and other training, services, and guidance from Paul Harris and Regulatory Support Services. Not a member? Consider joining your business to access tools, techniques, statistics, and advice to help you understand how to grow the range of services and products you can offer, ensuring your business is a good fit for every member of your community – only $495!
The funeral industry is not exempt from start-ups and innovative ideas that go nowhere. I’m sure you could think of one yourself – one of them might even have been yours – but I won’t call out any here. That’s why it’s not wholly surprising that the most common question I get from the media, regulators, and curious practitioners is “Is human composting real?” To which I say, “Yes.” There is a unique energy around legalizing natural organic reduction, in that most legislation has been consumer-driven, with support from practitioners. As one of the most progressive organizations in this space, CANA is the first death care association to answer these questions and provide insight from a funeral profession perspective. Informed by more than 100 years of experience in emerging technologies, we were eager to host some of the earliest NOR practitioners at our events and offered opportunities for question-and-answer sessions to explore this groundbreaking idea. Now we can compile what we know – and what we have yet to figure out – here, for you. NATURAL ORGANIC REDUCTIONNatural Organic Reduction, also known as, NOR and Natural Reduction are the terms used in legislation and regulations related to this process, so that’s how CANA refers to it. More commonly used terms by the media or general public are Human Composting, Soil Transformation, or Body Composting, which are descriptive and useful for understanding the process more broadly. Some practitioners have coined proprietary terms like Terramation and Recomposition to describe their specific business offerings. NOR was first legalized in 2019 in Washington. Colorado and Oregon followed in 2021 and Vermont and California in 2022, with several other states considering the practice in the coming years. To legislators, it is a thing. But what kind of thing? Here’s where it can get interesting. THE PROCESS: SCIENCECompost is organic material that has decomposed to a nutrient-rich soil. At home, compost is food scraps and yard waste. For farms, it might be the livestock or the crops after harvest. Soil is, in fact, a mixture of decomposed organic matter with other naturally occurring elements like gases, liquids, living organisms, etc. Once the waste decomposes, it can’t be separated from the other soil around it to say “that’s the orange peel, that’s the eggshell, and that’s the dandelion” — it’s all one piece of earth. Human composting is the same but different. First, you can’t add a human body to your compost barrel: it’s illegal and it’s not what most people have in mind when they think of a proper send-off. Second, humans are large animals and require a sizeable quantity of other organic material to mix with during decomposition. Plus, anyone who composts knows that you need to keep air circulating and bacteria alive so that the matter decays rather than molds or rots. For human composting, this is where the professionals come in. The interest in composting for human disposition is not new. Mary Roach’s Stiff, first published in 2003, shares the story of Tim Evans, then a graduate student at the University of Tennessee Anthropological Research Facility, who working to find a way to compost human remains. Evans had to aerate the compost pile and acknowledged that “It was hard being out there” to properly tend to the composting remains. The real need was to make composting doable within a reasonable timeframe, in compliance with regulations regarding body disposition, and in an acceptable manner for families. SAME BUT DIFFERENT In all states, the law allows for cremation and burial. As we’ve discussed before, some states have expanded their cremation law to include alkaline hydrolysis (aka water cremation, Aquamation, Resomation, etc.) Burial is easiest to understand: intact body placed in the ground (or crypt, mausoleum, etc.). Cremation and alkaline hydrolysis take the intact body, put it through a process using a combination of heat and/or chemicals so that just the bone matter of the body remains. But NOR takes an intact body and goes through a process that results in soil. There are no ashes to place or keep or scatter, no DNA to identify your loved one from other soil, generally no way of preventing comingling of remains with others’ (often prohibited in all cremation laws), and maybe not even a place to visit (depending on where the soil ends up). When Katrina Spade and Recompose were exploring how to get Recomposition legalized in Washington State, the process was not legal anywhere in the world. With input from law professor Tanya Marsh, who focuses on funeral law, the company decided that the most straightforward way of bringing NOR to the public would be to create a new statute for human reduction. That’s why some states are creating a new disposition category of “reduction of human remains” with subcategories for cremation, AH and NOR. The common factor in each is that they accelerate the reduction of human remains in a facility, using specially designed equipment. It is CANA’s position that natural organic reduction is a unique form of disposition, not a type of cremation, and should be regulated separately. This means there are three ways of reducing a human body more quickly than burial: cremation, alkaline hydrolysis, and reduction. Each offers a unique process that requires specific equipment and training, and provides choice for families to do what feels right to them. Adapted from Tanya Marsh's August 2022 presentation titled "The Challenges of Regulating Emerging Death Care Technologies: Green Burial, Alkaline Hydrolysis, & Natural Organic Reduction." With thanks for her expertise in the these topics. The differences we’ve described, as seen in the chart above, are the reason that these three reduction methods must be regulated separately. While the core of a death care professional’s job doesn’t change with the process — they take custody of the deceased, care for their loved ones, carry out the family’s wishes, and ensure that the remains get where they need to go with dignity and care — the processes themselves are very different. The funeral profession’s first concern is always the dignified treatment of the deceased, and in the case of new processes that requires the training and knowledge to do it right. For regulators, that means setting the standard to measure the safety and ability to perform the process. This includes considerations for location and traffic, the environment and emissions, and employee health and safety. Both funeral professionals and regulators are dedicated to providing options to the public that meet all expectations for safety and excellence. THE PROCESS: R&DAn internet search will highlight a few practitioners in the Pacific Northwest and the American Southwest who appear in news articles discussing this new option for consumers. Because human reduction is only beginning to be legalized, there are currently few options for the public to choose NOR. Funeral homes that currently offer NOR have carefully created their own vessels and developed their own technology, processes and proprietary mixes of organic material to reduce a human body to soil. That means that the process is pretty much limited to those who are willing to undertake the same sort of research and development process themselves. The only other option is for existing practitioners who offer NOR to partner with other funeral service providers to serve their families – though some of these providers are already operating at capacity. Current cremation and alkaline hydrolysis regulations require equipment manufactured specifically for the process (hence, purpose-built). They require this to standardize the process and ensure the health and safety of the operators and public seeking these options. The lack of manufacturers of body composting vessels is a barrier to entry for many who would add it as an option for their communities – at least for the moment. Without the uniform equipment, each practitioner’s process is proprietary, but there are a few things about the science in current methods that are universal. First, the only things that go in the vessel are organic matter. That means the body, either bare or shrouded only in organic natural fibers, the plant matter and bacteria, and little else. Brie Smith of Return Home advises families that, “If it can go through your gut, it can go through our vessel,” meaning that families can place meaningful keepsakes in, too, so long as they can be composted. Unwrapped Twinkies? Yes! That penny you swallowed on a dare? No—or rather: it’s going to come out the other side. The reduction of the body takes anywhere from 7 weeks to 12 months, depending on the practitioner and their process. Loved ones are encouraged to be present when the body is placed, or “laid in," and to visit during the reduction. During the transformation, the vessel will run hot, spiking more than 130°F as microbes get to work. This high temperature also kills pathogens, bacteria and viruses that might be present in the body (though some medical conditions prevent NOR and some viruses and prions are not killed by NOR). Each provider also has a proprietary method for ensuring that air and matter circulates so the compost process generates soil. When the process is complete, families can receive approximately 27 cubic feet of soil from the reduction of their loved one – enough to fill the bed of a pickup truck. As Earth Funeral Group of Washington says, “The nutrient-rich soil created during the process is used for land restoration and improving soil health. Healthy soil is paramount to a healthy ecosystem as it filters water, provides nutrients to plants and animals, sequesters carbon, reduces landslides and flooding, and helps regulate global temperatures.” For a farmer or gardener, this volume of soil can be wonderful. Others can choose to take a portion of the soil to use on their own property or to keep at home in an urn or jewelry or some other keepsake, just as they do with cremated remains (though the soil needs to be sufficiently dry first). Remaining soil is then spread by the practitioner in nature. The Natural Funeral in Colorado offers a “laying out” ceremony when the resulting soil is spread on personal or public lands. growing interestCremation has gained popularity over the past 50 years largely because it offered an alternative to burial. It offered new options and captured the imagination of people seeking a new ways of personalizing their funeral. As in life, people want to express their values in death. Providing diverse options are good for families to personalize their experience. NOR practitioners report that their early adopters are “a diverse mix of people from all over” – that’s why so many states are moving quickly to make the option legal. While there is opposition to the practice from outside and inside funeral service, there is an energy for NOR that we don’t see very often in funeral disposition legalization. The general public is excited for the option, legislators are energized to bring innovative ideas to the fore, and practitioners are curious if the participation in CANA’s recent events is anything to go by. Some funeral homes are poised to bring NOR to their community as soon as they can. Any time I’m asked about a new form of disposition, the inevitable next question is how fast it will grow. Will NOR replace cremation? Or will it speed up the decline of burials? Would early adopters have chosen burial or cremation if NOR was not an option? As I often say, my crystal ball is broken. Only time will tell. CANA’s own statistics show that, like widespread adoption of any new technology, a critical mass must make that choice before it takes off. CANA’s Annual Statistics Report will be tracking these data as the law changes to allow this form of disposition, so look for more content on the topic. With thanks to Katrina Spade of Recompose for participating in CANA’s 2021 Convention, and to Brie Smith of Return Home and Seth Viddal of The Natural Funeral for participating in the Green Funeral Conference 2022, and to each of them for sharing their experience with curious practitioners. They are quoted from their presentations on the topic of NOR and members can read more from their sessions in The Cremationist. Not a member yet? Consider joining for just $495 to stay in touch with emerging trends and best practices in death care. CANA’s Board of Directors approved a Position Statement on Natural Organic Reduction on November 16, 2022, with recommendations on regulating the process as more states are interested. You can read it as well as statements on recycling, alkaline hydrolysis, and CANA’s Model Law on Cremation here. CANA's 2023 Cremation Symposium continues the conversation on NOR and other Emerging Trends with a special session moderated by SCI AVP and CANA President Caressa Hughes. We'll spark debate among participants on important topics including the changes to the FTC Funeral Rule, split licensure and new forms of disposition. Join the discussion by registering to attend the Cremation Symposium this February 8-10, 2023 in Las Vegas!
Disasters happen, often without warning, and businesses must be prepared to deal with them. A natural or manmade catastrophe could threaten your employees or customers and shut down or interrupt your operations for an indeterminate period of time. While no one wants to think about a catastrophic event impacting their workplace, planning for various disasters is the best way to be prepared to respond if they do happen. EMERGENCY ACTION PLAN REQUIREMENTSThe Occupational Safety and Health Administration (OSHA) mandates that virtually all employers have an emergency action plan, which details the actions that employers and employees will take during a variety of emergency situations. Employers with multiple sites must have a dedicated plan for each location. For companies with more than 10 employees, the plan must be in writing and, at a minimum, it must include several elements, including a means for reporting fires and other emergencies, evacuation procedures and emergency escape route assignments, a system to account for all employees after an evacuation, and a plan for securing rescue and medical assistance. DEVELOPING A PLANInvolve managers and staff members in developing a plan, which should begin with brainstorming what disasters could potentially impact your workplace. What if a fire tears through your offices, or an active shooter is threatening your employees? Besides fire and violence, potential disasters include hurricanes, floods, tornadoes, earthquakes, toxic gas releases, chemical spills, explosions, and civil disturbances. Once you have identified potential emergencies, consider how they would affect your workers and your workplace and how you would respond. ALERTING EMPLOYEES AND OTHERS OF AN EMERGENCYA fire is the most common type of emergency for which employers must prepare. The emergency action plan must detail how employees will be alerted to a fire or other emergency so that they can evacuate or take other actions. In addition to alarms, which should have both a sound and visual element, companies could use an emergency communications system such as a public address system or portable radio unit to provide additional information. Employees must also be trained in how to report emergencies, both to other employees and to fire, medical, and rescue services. EVACUATING OR TAKING OTHER ACTIONDetail the conditions under which evacuating, sheltering in place, or another action would be necessary. Include in the plan a clear chain of command listing who is authorized to order the action and who is responsible for leading and coordinating the process. Evacuation procedures include routes and exits, and they should be posted where they are easily accessible to all employees. The plan should detail which employees, if any, will remain in the building to shut down critical operations, and when they should abandon the operation and evacuate themselves. Designate a meeting spot or other systems in place to account for everyone after the evacuation. Back-up copies of essential company documents, such as accounting and legal documents, as well as employees’ emergency contact lists, should be stored in a secure location. WHAT TYPE OF TRAINING DO EMPLOYEES NEED?Employees should be educated about the threats and hazards that could occur in your workplace, and they need to be trained in their individual roles and responsibilities in an emergency. Training should be repeated at least annually, and new employees should be brought up to speed in the procedures soon after hire. If there are changes to the workplace that impact your plan – for instance, a redesign of the layout or the introduction of new hazardous materials – the plan should be altered, and employees retrained accordingly. Most people find it difficult to think clearly and logically in a crisis. A well-considered plan to guide their actions can go a long way in keeping them safe. Sometimes it feels like we can’t go a day without hearing about a wildfire, flood, or shooting. The tumult of the last few years has reinforced the need to prepare for the unexpected. CANA Members can rely on the expertise found in their member benefits to ensure they’re up-to-date with OSHA requirements, have standardized procedures in the business, and are covered when something happens. Then, if tragedy strikes, you have a plan in place to respond. Not a member yet? Consider joining for just $495 so your business has access to these valuable resources and everything CANA has to offer. CANA Members also receive 30-minute complimentary consultation each month with CANA Legal Counsel Lara Price. Want to learn more? Lara will be on site of CANA's 104th Cremation Innovation Convention in Atlanta next week. Register to join us: goCANA.org/CANA22.
We all go into business with aspirations for success—but organizing and addressing the details to make success a reality can be daunting. How do we continuously improve our client family experience? Are there internal operating procedures that inhibit service delivery? Is employee morale positive? How do we clearly differentiate ourselves from our competition? Is our pricing consumer friendly? Are we as profitable as we could be? Are we moving the company forward? Whether you’re looking to improve customer service, the workplace, the marketplace, or financial management, you want to start with a strategic plan to accomplish your goals. Strategic planning, in its simplest terms, is determining where your business needs to go and how you are going to get there. The process involves owners and senior management assessing current performance, analyzing the market, setting goals, defining actions, identifying resources, and reviewing the level of accomplishment once the plan has been enacted. Simply put, to be successful with your plan, you must first define what is important, then create the measurements for success, then manage it to success! Our consultants are seasoned professional experts who have led numerous clients through strategic planning sessions, all to an impactful resolution. Based on that store of experience, here are eleven key points that will ensure your company’s Interactive Strategic Planning Session is a success: 1. SET THE OBJECTIVE Setting the Objective is the same as defining a North Star – the end to which all key company initiatives should lead. In other words, begin with the end in mind. Bring together the owners and key leaders of your company and motivate the group to envision the full potential of the funeral business! Together during this session, you will create compelling business objectives along with specific tactical actions and resources needed to achieve them. 2. TAKE IT OFFSITE! Meet offsite somewhere where there are no distractions. Make it a day-long meeting with breakfast and lunch. Only in this environment will you be able to effectively address the most critical issues confronting the company. 3. WHERE TO BEGIN? Begin the session with a review of the company’s current year successes and failures. 4. SWOT YOURSELF! Assess the company’s internal strengths and weaknesses. After that, focus on recognizing both the external opportunities that exist as well as what external threats are looming. (Strengths, Weaknesses, Opportunities, and Threats… SWOT) 5. DEFINING WHAT’S NEXT Now it’s time for the leadership team to articulate the business objectives or goals needed to reach optimum performance based on the prior observations. These goals are to be crystal clear, indisputable and should be the core priorities of the leadership team. 6. ACTION! With objectives and goals created, it’s time to put strategies and actions together that are needed to achieve the goals. 7. WHOSE JOB IS IT? You’ve created the actions needed, now who’s going to do it!? Now is the time for the appropriate leadership team member to be responsible for the action. 8. WHEN DOES IT NEED TO BE COMPLETED? It is said that a goal without a due date is just a dream. This is a VERY important phase of the process. It is time to decide upon a timeline for completion by each responsible team member. During this segment, additional resources – such as increased marketing, more training, or employee development – needed to successfully execute the strategies and actions are identified. 9. MEASURE IT! If your goals of the company are to grow and be more profitable, you must be sure that every action you identify and every timetable you set is put in place to accomplish one or both of those goals. Better yet, you need to identify just what the expected return or outcome of achieving each goal is. Once that is accomplished, you can now quantify actions, and performance metrics can be established. 10. GET OUT OF MY WAY! Before you are finished, it is wise to discuss any potential barriers to achieving the goals in the strategic plan. Discuss these potential roadblocks and discuss whether contingency plans should be made. 11. THE RESULT? You are now ready to draft and prepare your written Strategic Plan. The plan consists of the current business assessment, the new business objectives and goals, the Tactical Action Plan (the steps needed to complete a key company initiative, including timelines, selection of responsible parties, and the identification of any resources needed to complete the steps) and the Key Performance Metrics to be achieved (Key Performance Metrics are the same as Key Performance Initiatives. These are the ways businesses can define and measure the success of a key company initiative sometimes referred to as KPI – Key Performance Initiatives). By doing this, you will see an interesting outcome… The leadership team immediately begins implementation of the strategic plan! The key points above will help put your strategic plan in place, but the role of regular accountability is just as important. You should now meet every 30 days (no more than 60) to measure the progress and timelines and adjust when necessary. During this time, progress is measured with the Key Performance Metrics report. If done effectively, leadership team members are held accountable for accomplishing tasks within the established timelines assigned to them in the Tactical Action Plan and any additional actions needed are taken to ensure targeted objectives are achieved and the Strategic Plan is successfully implemented. To conclude, I can guarantee that successful Strategic Planning will change the direction, performance, and your funeral business value. Remember that those companies that plan, no matter how large or small the business is, will do better than those that do not! That being said, it is only logical that you should develop a strategic plan, yet so many businesses do not. My father calls this logic the Scarlett O’Hara Syndrome. That is, “I’ll worry about that tomorrow.” In case you needed to know, tomorrow is here as the service and financial landscapes of our profession continue to change. Get your strategic plan created, your future depends on it! Where has your company been, where is it now, where is it going, and how will you get there? Join Jake Johnson as he dives into how to effectively develop your ongoing strategic planning process at CANA’s 104th Cremation Innovation Convention this August in Atlanta. Building on these 11 Keys, Jake's session, sponsored by American Crematory Equipment, will demonstrate how your strategic plan can take your business to the next level and think about long term goals. See what else we have planned and register to attend: goCANA.org/CANA2
Larry Stuart, Jr. and the exhibitors and sponsors of CANA’s 103rd Cremation Innovation Convention in Seattle discussed innovative solutions created by CANA Supplier members during the pandemic. These are some highlights from that session. Without suppliers, we have nothing. Can I get an amen on that? We need these guys to run our businesses, we need these guys to run our businesses well. This is a new session from CANA. And I'm kind of excited about it. It's all about innovation. FT THE AMERICAS (FACULTATIEVE TECHNOLOGIES) |
Larry Stuart, Jr. is the Founder of Cremation Strategies and Consulting, and the former President of Crematory Manufacturing & Service, Inc., a leading manufacturer of technologically advanced cremation equipment. Cremation Strategies and Consulting provides expert leadership, planning, organization, training, education, process improvement and strategic planning for the cremation profession. Larry is also a Certified Funeral Celebrant and believes that every life deserves to be honored in celebration remembrance. |
Archer Harmon is a licensed funeral director and embalmer and the General Manager of Fairfax Memorial Funeral Home. With over 30 years of experience, Archer is well versed in many funeral traditions, including military funerals and state funerals for dignitaries. He has attained a vast amount of invaluable knowledge regarding the funeral customs of highly diverse populations. Archer serves on CANA’s Board of Directors as President-Elect. |
Chris Jackson has a diverse civil litigation practice handling a variety of insurance coverage and casualty litigation, including complex, multi-party insurance coverage and bad faith litigation. Chris also has experience in construction and commercial litigation. Before entering private practice, Chris served as a law clerk to the Honorable Ron Clark, District Judge of the U.S. District Court for the Eastern District of Texas. |
Heather Braatz is a learning experience designer at Worsham College of Mortuary Science in Wheeling, Illinois. She is a licensed funeral director in Washington State and has worked for low-cost cremation providers, family-owned funeral homes, and combo location corporations. She has arranged several hundred witness cremations with family present. |
Lara M. Price is a shareholder at Sheehy, Ware & Pappas, PC, in Houston, in the products liability and professional liability sections of the firm. She has extensive experience in a number of substantive areas of trial practice, including products liability, professional liability, administrative law, commercial litigation, health care law, premises liability, and personal injury and wrongful death. She regularly represents corporations, other business entities, and individuals in complex litigation against claims for personal injuries, wrongful death, and economic loss in state courts throughout Texas and in federal courts in Texas and elsewhere. Ms. Price is General Counsel for CANA and Texas Funeral Directors Association. |
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