Flashcards for Cremation covering shipping, liability, and public relations

What is of foremost importance concerning your community?

Building and maintaining a respected profile in the community

What are vital to the establishment of any new business venture?

Active public and media relations

What fosters greater understanding in the community about what we do as a crematory?

Being available to discuss cremation services with the public

What are some successful public relations strategies?

• Active community service programs

• Conducting informational seminars

• Filling speaking engagements with community groups

• Being involved in local business networking groups

• Offering tours and information to educational institutions

Invite _________ by the public any time during business hours

inspection

What should you encourage funeral homes that work with your crematory to do?

to suggest their client families inspect your facilities prior to cremation

What should you conduct for your neighbors, clergy, local hospice, and funeral home clients?

An open house

What opportunities should you use to explain away any mystique about what takes place during cremation?

An open house and when families come to inspect your crematory

• Reinforce the importance you place on proper procedures including identification at each step of the process

What should happen at an open house?

• Walk guests through the entire cremation process

• Talk about the building design and security measures in place

• Explain how loved ones are received and documented

• Talk about your employees’ activities during the process

• Show where their loved ones are placed while awaiting cremation

• Share your staff’s passion about providing dignified treatment to each person in the crematory’s care

• Explain the identification process in detail

• Explain how you verify all paperwork and permits are in order

• Explain the dignified manner that remains are removed from the cremator and how all efforts are taken to recover as much of the remains as possible

• Explain the normal procedure for processing and packaging cremated remains, focusing on consistent identification

• Tell them how cremated remains are securely stored while awaiting pick-up

How should crematory staff prepare for inspection by funeral home clients and families?

• Always operate the crematory as if a member of the public might drop by at any time

• Keep the facility clean as work is conducted throughout the day

• Always have the deceased properly stored

• All staff should conduct themselves as though a family member is present

• Never turn away an unannounced visitor

• Make visitors comfortable while taking time to ensure a safe environment

Appearances count, how should your crematory look?

• Make sure your facilities’ exterior is well-maintained and cared for

• Ensure the interior is attractive, well-ordered, uncluttered, and clean

• Present a modern, visually-pleasing, and appropriately arranged environment

• Be cognizant of the attitudes, traditions, and practices of your community related to cremation

When planning to open a crematory what should you do?

• Establish a process that will educate the community about cremation

• Meet with neighbors and community leaders and listen carefully to what they say

• Address local questions with respect and with facts, demonstrating a commitment to responsible crematory operation

What is a good response to the common question posed to new crematory owners: “Will emissions from a crematory endanger residents and the environment?”?

Scientists across the U.S. who have quantified crematory emissions have found their impact negligible

What is a good response to the common question posed to new crematory owners: “Will construction of a crematory reduce the value of my property?”

Property value studies in local communities, using actual data of recent sales, typically disprove this point.

What is a good response to the common question posed to new crematory owners: “Will there be objectionable odors?”

Well-operated and well-maintained crematories do not produce such odors.

What is a good response to the common question posed to new crematory owners: “Will traffic increase dramatically in the vicinity of the crematory?”

Traffic is unlikely to increase, due to the small number of cremations typically conducted on a daily basis.

What is a good response to the common question posed to new crematory owners: “Don’t crematories belong in industrial or commercial areas?”

The point of zoning is to have in place different uses of property based on informed land-use planning considerations.

What are the steps before making a zoning application?

1. Don’t contract for crematory equipment or related services until a preliminary zoning assessment is completed

2. Preliminary zoning assessments might include the following:

   • a)Assemble a team that can assess the zoning for the property under consideration

   • b) Review the zoning classification for the property where the crematory construction is planned

   • c) Evaluate recent crematory approvals in the area

   • d) Identify neighborhood groups, citizen activists, environmental advocates, and other individuals who might oppose your crematory

   • e) Survey state and local environmental requirements and understand the rules to which the crematory will be subject

   • f) Become familiar with the performance of crematory equipment and ancillary services required for crematory operation

   • g) Assess the services needed to operate a crematory, including space needs, traffic, fuel, fire protection, parking, proposed number of cremations, and environmental impact

3. Following the preliminary assessment, plan to meet with the local zoning officials before submitting your application so you can discuss the findings in your assessment

What does zoning seek to do?

to protect the public health, safety, and welfare by regulating the use of land and controlling the type, size, and height of buildings constructed on the land

What are zoning classifications?

classifications that are applied to parcels of land to reflect how the parcel may be used and the applicable dimensional requirements (height, bulk, and area of structures)

Who administers zoning codes and has the authority to review zoning applications, issue permits, apply special conditions to permits, deny permits, and refer special exceptions to the zoning board (variances)?

Local zoning agencies

Assuming all goes well in the process of placing a crematory, how long can the process itself take to complete?

between 1.5 and 2 years

Assuming all goes well in the process of placing a crematory, how much money can the process itself take to complete?

between $100K and $250K

What must a funeral home owner/operator decide concerning the installation of a retort?

that the time and money put into installation of a retort is worth it

What are some factors to consider when installing a retort?

• Cost of refrigeration units

• Body lift

• Pulverization unit

• Plastic boxes and bags

• Service contract with manufacturer

• Training of funeral home staff

• Time spent troubleshooting your operation, a 24/7 job

Where do most obstructions to building a retort come from?

From local zoning boards and residents/businesses neighboring the potential crematory

• Often times a funeral home must request a variance in the existing zoning ordinance

• Depending on the community, variances can be routine or virtually unheard of

If your firm decides to build a crematory whats a good idea?

To first call a retort manufacture who will:

• Analyze your market to determine if it’s worthwhile for you to install one

• 35% cremation is your “break-even” point

• Discuss that it typically takes between 3 and 5 years to see a profit from a crematory

  • The first year will often see a loss in revenue

For construction of a crematory whose services should you employ?

The services of a licensed and bonded contractor to either construct a new building or modify existing structures to house your cremation units

• They will advise you have a reinforced floor capable of supporting between 20K and 25K pounds

• It’s preferable to pour a new slab rather than to trust an existing one will suffice

A decision must be made early whether the retort will be:

• Standalone vs. Integral

• Utilitarian vs. Aesthetic

• How many units

When Can a Cremation Facility Operator Cremate?

• At their convenience after 24 hours has elapsed since the death of the decedent and have received a complete non-provisional death certificate filed with the applicable health department

• They have received a burial transit permit

• A complete cremation authorization form has been received

• The operator has received any other documentation required by this state or a political subdivision of this state

A cremation facility operator must:

• Place in a holding facility or refrigeration at the cremation facility any un-embalmed dead human body until near the time for the cremation process or until the body has been held for 8 hours or longer, after which time the body must remain in refrigeration until near the time cremation commences

• Place in a holding facility at the cremation facility an embalmed body until the cremation process commences

• Never remove any dead human body from the casket or alternative container in which the body was delivered to or accepted by the cremation facility unless stipulated in the cremation authorization form

• Not fail to cremate the casket or alternative container in which the dead human body was delivered or accepted in its entirety with the body

• Never cremate simultaneously more than one decedent or body parts removed from more than one decedent or living person in the same cremation chamber (excluding cremation equipment containing more than one chamber) unless stipulated on the cremation authorization form

• Not allow unauthorized persons to be present in the holding facility or cremation room while any dead human bodies or body parts are there before, during, or after the cremation

• Never remove any dental gold, body parts, organs, or other items of value from a dead human body prior to the cremation unless specified by the cremation authorization form

• Charge a fee of the above mentioned items not in excess of the actual cost to the crematory facility for the removal thereof

• Remove from the cremation chamber after each cremation all the residue that is practicably recoverable

• If specified, the crematory operator is required to place all recovered residue into the type of urn specified on the cremation authorization form

• If not specified, the cremated remains will be placed into a temporary container

• Place any cremated remains that won’t fit into the urn or temporary container into a separate temporary container to be delivered, released, or disposed of along with those that did fit into an urn or temporary container

• No crematory operator shall knowingly misrepresent that an urn or temporary container contains the cremated remains of a specific decedent or of body parts removed when it does not (excluding de minimus remains left inside the chamber from previous cremations)

• Mail cremated remains by a class of mail or common carrier that has an internal system for tracing the location of the cremated remains during shipment and requires a signed receipt from the person accepting delivery

• Establish and maintain a system for accurately identifying each dead human body and body part in the facility’s possession through each step of the holding and cremation process

• Never allow the use of the same cremation chamber for the cremation of dead human bodies, body parts, or animals

Define Liability

responsibility for wrongful acts or omissions

What may liability do?

• May subject a person or entity to a lawsuit for damages or to a court order requiring correction or abatement

• Imposes a legal and often an ethical responsibility to do, pay or make good on a promise, either express or implied

For crematories where is there liability?

in operations, contracts, and the environment

What are the 15 common areas of liability in crematory operation?

1. Bypassing faulty equipment to keep unit operational

2. Cremating or releasing cremated remains without following changes made to original authorization

3. Cremating personal items

4. Failure to keep work areas clean and free of debris

5. Improper loading of crematory unit

6. Improper packaging of urn for shipment

7. Improper placement of the retort in a facility

8. Improperly trained or untrained operators running equipment

9. Improperly trained or untrained personnel attempting to maintain equipment

10. Improperly trained or untrained personnel failing to adhere to state department of environmental protection provisions in their permits

11. Inadequate clearances that are not in accordance with manufacturer specs and recommendations per device

12. Knowingly cremating a decedent with a pacemaker

13. Operating a crematory unit without proper safety gear

14. Running a crematory unit with gas or hydraulic leaks

15. Storing combustible materials in or around the crematory unit

What are the steps of risk avoidance for operations liability?

1. Conduct proper training by factory certified techs covering correct operation, safety, basic maintenance, and permit-required activities

2. Annual safety checks by factory certified techs

3. Upgrade or retrofit older retorts to meet new safety guidelines

4. Include replacement parts, service, and rebuilds into your crematory’s annual budget

5. Post current air permit regulations, training certificates, and manufacturer inspection and servicing records near the crematory unit

6. When in doubt, call your retort’s manufacturer

Aside from worker’s compensation claims, what are the most common claims related to cremation?

Breach of contract claims

What do breach of contract claims for crematories often include?

1. Failure to perform a cremation

2. Cremation of the wrong body (improper identification)

3. Loss of cremated remains or commingling of cremated remains

4. Jewelry or personal effects not removed as authorized and destroyed

5. Personal effects stolen

6. Recycling or sale of precious metal (gold fillings)

7. Failure to provide cremation urn contracted and paid for

What are the steps of risk avoidance for contract liability?

1. Enforce all pre-cremation identification procedures of the remains and document

2. Don’t delay conducting the cremation

3. Don’t accept remains for cremation if your retort is inoperable

4. Never commingle remains unless authorized

5. Clean the retort thoroughly after each cremation

6. Only release cremated remains to the person designated in the cremation authorization form (double check to ensure no addendums have been made)

7. Use proper USPS shipping procedures and containers

8. Remove and secure all personal effects, as applicable, and return to the designated individual

9. Dispose of non-combustible materials respectfully and document how they were disposed of

10. Notify the funeral home immediately if an additional urn is required for containment of overages

What do states have concerning environmental liability?

Their own individual enforcement procedures

What are the key factors in determining what sanctions to impose?

• Economic benefit of noncompliance

• Extent of harm caused by the violation

• Length of time the violation has occurred

• Nature and persistence of the violation

• Past violations

How may fines vary concerning environmental liability?

from $500 a day for minor cases to as much as $10,000 a day for significant cases

For environmental liability each day a violation continues it is considered

a new and separate violation

What type of environmental violations continue to be subject to large penalties?

Violations that aren’t resolved promptly

Does a violation need to be intentional to be actionable?

No

What type of attention do dnvironmental enforcement actions bring to your crematory?

unwanted negative attention

What are the three simple rules for avoiding compliance based fines?

1. Be in compliance

   • Regularly review the practices and maintenance of your crematory

   • Hire independent third-party auditors to examine your operations each year

2. Immediately correct any violations that are detected

   • Correct these no matter how minor

   • Continuing to operate with the knowledge your crematory is incurring violations sends the message that you or your operators are negligent in other areas as well

3. Be respectful of the authority and responsibility of state personnel

   • Establish an effective, honest, and respectful relationship with state personnel who conduct inspections of your crematory

   • Get to know the inspectors and understand their obligations and expectations for your crematory

When using a third party crematory what should you do as a FD?

• Ensure the cremation authorization forms provided by the crematory you use includes the recommended minimum items

• Verify that the crematory continues documenting the chain of custody of remains throughout the process of cremation until they return the remains to you

• Use only your funeral home personnel to deliver bodies to the crematory for cremation

• Have your personnel present the operator with the cremation authorization form directly along with any other necessary permits

• When receiving cremated remains from a crematory, inspect the urn or container to ensure the remains are appropriately identified

• Remember that a change to the cremation authorization must be made in writing

  • Be sure to send any changes affecting the cremation to the third party crematory

• Consult with your insurance agent to make sure your firm is covered in the event of malpractice by a third party crematory

• Periodically review your professional liability insurance to determine if it adequately covers liabilities for independent contractors the funeral home utilizes

• It’s highly recommended that your funeral home enters into contracts with third party service providers that explicitly spell out which party is responsible for what tasks during the process

• Funeral homes have the right to review a third party crematory’s licenses and operational records

• Interview the management of the crematory to get information on its personnel, facilities, and operations

  • Call ahead

  • Take notes

• Conduct unannounced inspections of the third party crematory during business hours at least once a year

What are the importance’s of packaging and labeling remains when you ship them?

• Equally important as other steps in delivery of cremated remains

• Any errors could result in negative publicity for your funeral home or crematory

• The only time someone typically knows you’re shipping remains is when you ship them wrong

At the end of the processing cycle where should you place cremated remains?

Into a strong and durable plastic bag

What should you do with dust remaining in the processing equipment after the processing cycle?

It should be swept into the palm of your hand and reunited with the rest of those remains

When you have overages of cremated remains what should you do?

Always report it to the crematory owner/manager no matter what

What is used to close the plastic bag that holds the cremated remains?

Lock straps (zip ties)

What should you attach to the cremated remains with a lock strap?

An identification disk

How should you place cremated remains into an urn?

Carefully place them in the urn so the bag isn’t damaged with the identification disk on top

• Use this opportunity to once again check the ID number with the one on the disk

What should you do when the family requests the division of cremated remains into multiple urns?

You should label each as being one of a series

• 1 of 5, 2 of 5, etc…

• Note on the first in a series which urn contains the ID disk

Don’t attempt to force cremated remains into an urn of insufficient size, less than ___ cubic inches

200

What’s a general rule for the placement of cremated remains into urns?

Don’t place cremated remains directly into an urn without a plastic bag or lining

• For small-necked urns, feed the plastic bag into it first, then slowly funnel cremated remains into the urn

• This rule doesn’t apply to cremation jewelry or other mementos

Where should cremated remains in urns be kept at the FH?

In a secure area, inaccessible to the general public, that can be locked

Be familiar with your ________ regulations regarding how long unclaimed remains must be held

States

Be prepared to educate Postal service employees regarding

USPS policies about shipping cremated remains domestically or internationally or whether they’re even allowed to ship cremated remains

• This isn’t something they do a lot of

As of December 2013, the USPS requires us to use

Priority Mail Express to ship cremated remains

________________ service is no longer authorized

Registered Mail

UPS, Fed-Ex, DHL, and all other carriers _________ accept cremated remains for shipment

will not

It is our responsibility to remain up-to-date regarding the most current USPS _______________

requirements

The Postal Service requires the use of ____ separate containers for shipping cremated remains

Two

What are the two separate containers that the Postal Service requires us to use for shipping cremated remains?

• Inner and outer box

• Each container must be strong, durable, and sift-proof

  • Doesn’t allow loose powder to leak or sift out during transit

What does USPS recommend but doesn’t require regarding the inner container?

That the sender to place the inner container into a sealed plastic bag

What should you use to keep the container stable within the outer container while in transit?

Proper padding

• Foam peanuts

• Air bubble wrap

Where should you place the sender’s and addressee’s addresses as well as content information when shipping?

Inside the box prior to sealing

• Helps the USPS to identify the sender and receiver should the outer label become damaged or lost

Before shipping cremated remains what should you do?

double check that you have included all required documents

What are the required documents for shipping cremated remains?

• Certified copy of death certificate

• Burial transit permit

• Letter on your funeral home or crematory’s letterhead stating only the cremated remains of the identified individual are in the container

What does USPS require us to do on the address side next to the shipping label?

to identify the contents of the box

Verify the address and phone numbers and double check that you’ve entered both correctly on the proper _____ label or form

USPS

What method of delivery is recommended that you always use when shipping cremated remains to establish an extra level of security?

Signature upon Delivery

What label is also recommended that we use to increase visibility during processing and transportation?

The USPS’s Postal Service Cremated Remains label (Label 139)

• Supplied by the Post Office

What box does USPS recommend using to encase the inner sift-proof box?

its free Priority Mail Express box

• Otherwise, the container/urn must be sealed in a heavy, siftproof cardboard outer casing

• Sometimes the box that held the urn from the manufacturer works nicely for this

Where should you file all paper work from the shipping?

in the case file

When is it permissible to ship cremated remains internationally?

when they’re packaged in accordance to USPS specs

When shipping cremated remains internationally what should you check concerning the destination?

Whether or not the country of destination accepts cremated remains

What mail services can you use when shipping cremated remains internationally?

Either Priority Mail Express International service or First-Class Package International service using Registered Mail service

• There is a four pound limit for First-Class Package International service with Registered Mail service

What should you complete before shipping cremated remains internationally?

The required or applicable customs declaration form, indicating on the form that the package contains cremated remains

What do some countries require for internationally shipping cremated remains?

That a a consulate inspection is performed before cremated remains are sent to their country

Always contact the _______________ of the destination country to verify if any changes have been made regarding the shipping procedures or documents required

consulate/embassy

Is hand carrying remains on domestic or international airplane flights permitted?

Yes

The U.S. Transportation Security Administration won’t allow for the carrying of ________ urns or containers

lead-lined

What are some requirements/tips for urns being shipped internationally/on a flight?

• All packages must be x-rayed prior to boarding an airplane

• Don’t permanently seal the lid of an urn before it is supposed to travel on an airplane (even though TSA is not supposed to open urns)

What should you do for your families concerning the shipping of cremated remains via airplane?

Contact the airline for your families to determine specific regulations they might have in force for carrying cremated remains