TOP TEN LEGAL CHECKLIST

After the celebrations are over, the beginning of each new year reminds us to refresh and improve our habits. It is not too late to resolve to accomplish the following items this year and establish a new routine for years to come.

1. Update and review current government laws and regulations.

Regardless of your role in the industry, it is important to understand the current laws and regulations that govern your work. Put aside the necessary time to review the federal, state, and local laws and regulations which affect your day to day operations. Right to control final disposition and cremation authorization issues dominate legal complaints against people and businesses in this industry. If you have difficulty finding the statutes and regulations, try searching the web sites for your state association or licensing board – they often have links available.
​
CANA Members: If you need further assistance, use your legal consultation benefit and give me a call.

2. Educate and train staff on any new laws or regulations affecting your business.

Keeping yourself updated on new laws or regulations is just a first step. The next is to educate and train your staff and co-workers on what you have learned. Hold a “lunch and learn” with your team and give everyone the tools to succeed.

3. Update your forms to bring them into compliance with any law changes.

Out of date, non-compliant forms are an easy target for regulators and plaintiffs’ attorneys alike. Confirm that your form documents include all the required notices, consents, and disclosures. Consult with an attorney if you have any questions regarding current legal requirements.

4. Educate and train staff on the changes in your forms.

Compliant forms are important, but the persons who use them every day must understand how to utilize them to the fullest. Avoid the problems caused by improperly filled out forms. If done and utilized correctly, forms often provide the best documentation in defense of legal complaints.

5. Review and update your operational policies and procedures.

OSHA compliance is critical to a successful operation. So, too, are human resource policies, and so much more. If you need assistance in your review, CANA has partnered with Cremation Strategies & Consulting to offer a program which will help you compile operational policies and procedures customized for your business. Learn more here.

6. Review and update your employee handbook (including social media policy).

Employment issues are a prevalent headache across all industries and business models. Address common concerns in your employee handbook, so that everyone is on notice of the standards to which they will be held accountable. Implement clear, unambiguous policies on work hours, time off, sick leave, vacation time, and dress codes. Have appropriate sexual harassment policies in place. Communicate your expectations regarding social media use and restrictions on employee posts on business matters. Make sure employees are aware that social media is not for airing of workplace grievances or complaints.
​
CANA Members: Read up on what my office suggests for these policies as part of the Crematory Management Program.

7. Educate and train your staff on your policies and procedures.

Periodic training and review of operational and employment policies and procedures are critical. There cannot be compliance without your employees first understanding your expectations and standards to which they will be held accountable.
​
CANA Members: You can keep your standard operating procedures current and your staff informed with the Crematory Management Program and support from Cremation Strategies & Consulting.

8. Meet with your insurance agent or broker.

Make sure your insurance agent or broker understands your business. Too often there are gaps in coverage discovered when you need insurance assistance or defense to a legal claim, when is too late to put the protections you need in place. Many gaps in coverage result from your agent or broker not understanding your daily work and operations sufficiently to make sure that what you actually do is covered. Just because you have “professional liability” insurance, you have no guarantee that all of your professional services are covered. Proactive insurance strategies will serve you best.
​
CANA Members: Have you looked over CANA’s newest benefit, a professional liability insurance program for crematories? Read what makes this policy different and how it covers businesses like yours.

9. Meet with your tax planning professional.

Do not leave money on the table. A tax professional’s advice can add value to your business and improve its bottom line. Mitigate your tax risks and exposures prudently.

10. Budget for and plan to attend meaningful continuing education opportunities.

Take some time to think about the education and assistance which will benefit you and your business most in the upcoming year. Then, search for continuing education opportunities that will assist in meeting your goals. There are in person and online resources available to address almost any concern as an industry professional or business owner. Some jurisdictions even allow you to get your crematory operator certification online. If you attend CANA’s convention in Seattle this year, please say hello. I look forward to seeing you!
​
CANA Members: Not sure how to get started developing a defined professional development plan for your employees? CANA Education Director Jennifer Werthman is here to help you achieve your goals – reach out any time.

​
​Getting your new year off to a good start can jumpstart accomplishing your business’s New Year’s Resolutions. Best wishes for your success in 2020!
​
CANA Members: Your association is here to help! If you ever need these resources or anything else offered by CANA, reach out.

---

Excerpted from The Cremationist, Vol 53, Issue 1: “First Quarter 2019 Top Ten Legal Checklist” by Lara M. Price. Members can read this article and any other advice in The Cremationist archive. Not a member? Consider joining your business to access this and all archives of The Cremationist plus the many resources referenced here to help you find solutions for all aspects of your business – only $495

---

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.