Download Report

March 2001
Intersection Safety Program to Reduce Red Light Running
Recently, the Board of Funeral Services received a letter from the Steering Committee, Intersection Safety Program to
Reduce Red Light Running. The Chair, on behalf of the Steering Committee, has asked that the Board disseminate this
information to all licensees in the Province. The following is the body of the letter that was received from the Chair, Mr.
Les Kelman.
While the programs are only in certain municipalities, the Board would encourage everyone to be aware of the
program, the information could prove invaluable.
RE: Intersection Safety Program to Reduce Red Light Running
The City of Toronto and the regional Municipalities of Halton, Hamilton-Wentworth, Ottawa-Carleton, Peel and
Waterloo are participating in an Intersection Safety Program to Reduce Red Light Running. I would like to take this
opportunity to ensure that you are aware of this pilot project.
The provincial legislation that authorizes the red light camera pilot project does not alter the offence of failing to
stop at a red light or prescribe exemptions applicable to that offence. Every driver approaching a traffic control signal
showing a red light shall stop his or her vehicle and not proceed until it turns green. Even emergency vehicles, such as
police, ambulance and fire vehicles, must stop at a red light, and proceed only when it is safe to do so.
It is anticipated that red light camera systems will be installed and operational at several signalized intersections
within participating municipalities by late-November of this year. Under this program vehicles that fail to stop at a red
light will be photographed by the red light camera system and an offence notice, commonly referred to as a ticket, will
be mailed to the vehicle plate registrant regardless of who was driving the vehicle at the time of the alleged offence.
While acknowledging it is customary for vehicles in a funeral procession to proceed through an intersection, if
vehicles proceed contrary to the red light indicated, the vehicle will be photographed by the red light camera system. The
plate registrants would then be liable to be charged unless the funeral procession was under the direction of a police
officer at the time and the police officer directed the vehicle through the intersection contrary to the red light. If a police
officer is not present in the intersection at the time to direct the driver through the intersection contrary to the red light,
drivers who proceed are doing so illegally at their own risk even if previous vehicles in the procession were directed to
proceed.
We recognize that in the vast majority of cases drivers recognize the need to respect funeral processions and behave
accordingly. Nevertheless there is a small minority of drivers who either through lack of knowledge, lack of
understanding or perhaps lack of patience, focus on the signal indications without paying attention to special
circumstances. Therefore to ensure maximum safety, drivers in funeral processions should obey traffic signal
indications unless otherwise directed by a police officer.
For more information about the program, please contact your local area representative.
Program Contacts:
Hamilton-Wentworth, Hart Solomon – (905) 546-4584
Halton, Nick Zervos – (905) 825-6161
Ottawa-Carleton, Chris Brinkmann – (613) 560-2111 x3187
Peel, Jim LeSarge – (905) 791-7800 x4588
Toronto, Mike Brady – (416) 397-5016
Waterloo, Allister McIlveen – (519) 575-4520
Ontario, Heather Clarke, Ministry of Transportation – (416) 235-3635
Ontario, Sheilagh Stewart, Ministry of the Attorney General – (416) 326-4660
Board of Funeral Services
Newsletter: March 2001
Inspector’s Corner
Are your prepaid files up to snuff? (Part I of II)
This is the next in the series of articles geared at giving licensees a better sense of what the Board of Funeral
Services’ inspectors look for when they conduct inspections. In this issue, we will outline the items the inspectors
will be looking for when inspecting "preneed files."
There is no doubt that at some point in your careers you have all had to deal with fulfilling a prepaid contract
that had been completed by someone else, i.e. you have had to deal with the file at the time of need. How many
times have you thought to yourself that the file was incomplete in some way, that you wished there were more detail
on the contract and/or in the file? Do you think about these things when you negotiate a prepaid contract? Do you
make every effort to try to make the file as complete as possible so that the person who has to work with your
prepaid file at the time of need is not scrambling for information?
The following is a checklist of things that the inspectors look for when conducting their review of prepaid files.
We believe that many of these things also make good sense from a business perspective and could relieve some of
the gaps that can exist. While this list is not exhaustive, it should give you a good sense of what, in general, is
required.
The File: (√)
Does each file contain a copy of the properly completed prepaid funeral service contract or prepaid transfer
service contract? (Occasionally, contracts are not completed, have been misfiled or cannot be located.)
Does each file contain a copy of the investment receipt and/or particulars about the insurance product that will
be used to fund the contract?
Does each file contain proof of when the investment was sent to the purchaser? (Remember that the purchaser
must receive the original or a copy of the investment receipt within 10 days of the investment being made.)
Does each file contain a receipt or copy of the cheque used as payment for the prepaid contract? (This can lend
great assistance when or if a dispute were to arise in the future.)
The Contract: (√)
Do you complete fully a contract when funeral services, transfer services or funeral supplies are prepaid?
Does the contract show an itemized list of each service and supply selected, along with the individual price of
each service and supply? (Occasionally we still see contracts that show only the total or package price. The price
of each item selected must appear on the contract. The prices used must be those that appear in the price list in
effect at the time the contract is executed.)
Does the contract include a proper description of the casket, container, urn and vault, including the make,
model number and the name of the manufacturer? (Occasionally, the description is incomplete reading simply,
"Oak", "Pine", "Steel", etc. The inspectors often hear from licensees how frustrating it is at the time of need
when it is not clear specifically what casket was originally prepaid.)
Does the contract clearly set out any disbursements that have been prepaid? (Please keep in mind that if the
contract is guaranteed, every item identified in the contract, with the exception of taxes, must be guaranteed.)
Does the contract show the total price, the amount paid and any balance owing? (Occasionally, this area is not
completed to show the amount actually received and the balance owing, if any.)
2
Board of Funeral Services
Newsletter: March 2001
Does the contract set out whether the prices are guaranteed? Does the guarantee apply only if the contract is
paid in full? If so, you must disclose how the balance is to be paid. (Some contracts do not set out what happens
if only a partial payment is made. This item will be covered in more detail in a future article.)
Does the contract clearly set out the names and addresses of the purchaser and the beneficiary? (The
information must be complete and accurate, keeping in mind that the purchaser is the person who owns the
money being used to fund the contract.)
Does the contract include the signatures of both the purchaser and the funeral director or transfer service
operator? Is it clearly dated? (Occasionally, the inspectors find contracts that have not been signed by both
parties and that are not properly dated. Please keep in mind that if a contract is not signed by both parties, the
contract can be terminated immediately and the purchaser is entitled to a full refund of all monies. In this case,
the licensee would not be entitled to a cancellation fee.)
Has a copy of the contract been delivered to the purchaser? Has a copy been retained by the funeral
establishment or transfer service? (Occasionally, the inspectors find both copies still in the file. The purchaser
must receive a copy of the contract at the time that it is executed i.e. signed by both parties.)
Prepaid contracts funded by insurance must include terms and conditions that reflect the fact that the contract is
to be funded by an insurance product. (Occasionally, the inspectors find that prepaid contracts referring to
trusted funds have been used when in fact the contract is to be funded through an insurance product. Again,
details on contracts will be provided in a future article.)
(More information relating to preneed files will be included in the next newsletter.)
We hope this information will be helpful and make the inspection process smoother for both the licensees and
inspectors. We will provide more information on the other areas covered during inspections in future issues of the
newsletter.
Discipline Matters
Peter Duffus: On December 5, 2000, Mr. Duffus was found guilty of professional misconduct as a result of
having been convicted of an offence that is relevant to his suitability to practise as a funeral director, contrary to
paragraph 16(2)(a) of the Funeral Directors and Establishments Act. Mr. Duffus was convicted of two counts of
Sexual Assault and one count of Common Assault in the Superior Courts of Justice in Peterborough, Ontario. The
Discipline Committee ordered that Mr. Duffus receive a reprimand and that he pay a fine of $1000 to the Treasurer
of Ontario to be paid within 30 days of the Order. Further, his licence will be suspended for four months. The first
two months of the suspension is to be served in one-month segments and must be fully served within 6 months of
the Order. The remaining portion of the suspension is to be held in abeyance for twelve months from the date the
Order became final. If the member has successfully completed a course approved by the Registrar dealing with
professional boundaries by that time, the remainder of the suspension would be remitted.
◆◆◆
3
Board of Funeral Services
Newsletter: March 2001
Ministry of Labour – Occupational Health and Safety
This information is provided through the assistance
of the Ministry of Labour. In particular we would like to
thank Mr. Dennis Mundy, CET, Safety Officer, Ministry of
Labour, for his assistance in preparing this article.
In Ontario, the Ministry of Labour enforces the
Occupational Health and Safety Act (the "Act") and the
associated regulations. Inspectors employed by the
Ministry have authority, pursuant to paragraph 54(1)(a)
of that Act, to "enter in or upon any workplace at any
time without warrant or notice." Further, they have a
broad range of powers and authority, which are clearly
outlined in this section of the Act. The legislation and
associated regulations can be obtained at an office of the
Ministry of Labour or any Provincial Government
bookstore. Additional information is also available on the
following web site: www.mol.on.gov.ca
In short, the Act is the administrative structure that
sets out the roles and responsibilities of the people in
the workplace, namely: the employer (management), the
supervisor (staff ) and the worker (employee). It also
requires that workers have an information conduit to
management, and a commitment of management to
maintain a safe working environment for staff. This
commitment takes the form of worker training and the
forming of policies and procedures, including a written
"Health and Safety Policy." The Act outlines the
employer’s responsibility to provide a safe work place
and the worker’s responsibility to work safely.
Prosecution under the Act may be only one of the
down sides to not complying with the legislation.
Worker injury can have significant consequences for both
the employee and the employer. Injuries interfere with
normal workplace operations, disrupt families, and
impact on our social infrastructure, not to mention the
pain and suffering of the injured party. Administrators of
this legislation realized this and assigned penalties
sufficient in size to act as a deterrent.
Penalties can range from a maximum of $500,000 for
each offence committed by an employer (corporation)
and $25,000 for each offence for an individual. This may
also include a penalty of not more than 12 months
imprisonment for individuals. It is important therefore
that you become familiar with your obligations and
comply with them. Assistance in this regard is readily
available from any office of the Ministry of Labour, any
safety association or private safety consultant.
Once you understand the responsibilities and
administrative functions required by the Act, it is
important to understand the applicable regulations
relevant to your workplace. These regulations should be
considered as minimum standards to be achieved and
maintained. The regulations refer to specific issues, such
as slippery floors, material handling and chemical
awareness. These regulations are contained in the
Workplace Hazardous Material Information System
("W.H.M.I.S") Regulation 860, made pursuant to the
Occupational Health and Safety Act, which is legislated
federally and establishes the standards to be maintained
from coast to coast. Information sheets, known as
Material Safety Data Sheets ("M.S.D.S.") are provided by
suppliers of chemical products and by law must be kept
in the workplace for reference by workers and training
by the employer. The sheets must be kept current and
made readily accessible. Worker training and annual
reviews are also required to take place with emphasis on
specific product hazards and precautions to be taken
when handling the products. It is important to
document the training delivered and the annual
reviews, in the event that it is requested by a visiting
Safety Inspector from the Ministry of Labour.
The following sections of the Occupational Health
and Safety Act and Regulations for Industrial
Establishments may also be of particular interest to
funeral directors and transfer service operators.
The following are sections from Ontario Regulation
851, made under the Occupational Health and Safety
Act:
81. A worker exposed to eye injury shall wear eye
protection appropriate in the circumstances.
84. A worker exposed to the hazard of injury from
contact of the worker’s skin with,
(a) a noxious gas, liquid, fume or dust;
(b) a sharp or jagged object which may puncture, cut
or abrade the worker’s skin;
(c) a hot object, hot liquid or molten metal; or
(d) radiant heat,
shall be protected by,
4
Board of Funeral Services
Newsletter: March 2001
(e) wearing apparel sufficient to protect the worker
from injury; or
( f ) a shield, screen or similar barrier, appropriate in
the circumstances.
124. Where a worker is exposed to a potential hazard of
injury to the eye due to contact with a biological or
chemical substance an eyewash fountain shall be
provided.
125. Removal of material shall be done in such a way as
not to cause a hazard.
126. An industrial establishment shall be adequately
ventilated by either natural or mechanical means
such that the atmosphere does not endanger the
health and safety of workers.
The following are brief upates submitted by the
Funeral Service Education Programs.
Collège Boréal
NOTE: You must ensure that the eyewash station
(fountain) that is available in your preparation or holding
room is capable of meeting the first aid treatment
requirements of the chemicals used in your facility. Many
chemicals require "eye flushing for 15 minutes" or to
"hold eyelids open and flush eyes with water for 15
minutes with large quantities of water". Paragraph
7(2)(d) of Ontario Regulation 469, made under the
Funeral Directors and Establishments Act, requires that
preparation rooms where embalming is performed must
be equipped with "an eyewash station."
These are only a few of the applicable regulations that
may be relevant to funeral establishments, transfer services
and their employees.
According to the Ministry of Labour, funeral
establishments and transfer services are not a significant
contributor to workplace safety statistics, however, the
risks associated with this profession are real and need to
be addressed. One accident is one too many. There is
always potential for injury when safety procedures are not
followed. A review of your workplace with a critical eye
towards safety could turn out to be a positive experience.
It may well benefit a staff member the next time they enter
the preparation/holding room.
Employers and employees are encouraged to
familiarize themselves with the Act from both a safety and
liability perspective. It is strongly recommended that all
staff continue to practice Universal Precautions in all
workplaces at all times. For a copy of the Guidelines for
Implementing Universal Precautions, please contact the
Board of Funeral Services.
5
The winter semester is rapidly coming to an end !
We at Collège Boréal are interested in
establishing a partnership with you ! We are looking
for licensed Funeral Directors who would like to
enrich their professional role by becoming a
Preceptor in Funeral Services.
Some might say, " ...it’s too much responsibility",
or "...I know nothing about evaluating an intern".
During the internship period, the staff and faculty of
the Formation en services funéraires program are
available to offer support when required by the
Preceptor. YOU’RE NOT ALONE !!
Students at Collège Boréal are bilingual and have
well developed technical, professional and
communication skills. Our interns have also acquired
skills with a vast array of computer software such as:
Mortware, Word-Perfect, Microsoft Word, Power-Point,
Lotus Notes, Internet and much more.
For more information please visit our Website at:
www.borealc.on.ca/services_funeraires, or you may
contact: Normand Blanchard, Program Coordinator
Formation en services funéraires, Tel: (705) 560-6673
ext. 4601, Fax: (705) 521-2010 E-mail:
nblanchard@borealc.on.ca
Humber College
T’S THE SEASON TO HIRE INTERNS!
Many employers have already contacted the
Funeral Service Education Program (FSE Program) in
order to fulfill their staffing requirements for the
upcoming year. If your funeral home has not
previously hired an intern (apprentice) and you wish
to discover more about the process, please contact
the program faculty at (416) 675-5033 or e-mail at
fse@admin.humberc.on.ca.
Job postings may be faxed directly to the FSE
program office at (416) 674-1639. Please note that
students are ready and willing to travel to the
funeral home for an interview. Many employers
tend to interview applicants at their own
establishment so that the workplace environment
may be fully experienced. Please commit to the
future of funeral service.
Board of Funeral Services
Newsletter: March 2001
The Founding of the Independent Mortuary Service Association of Ontario
Recently, Ontario saw the founding of the Independent Mortuary Service Association of Ontario. The Association, which
is made up of independently owned transfer services operated by funeral directors, made the announcement late last fall.
Anyone wanting more information about the new Association can contact its first ever President, Bob Passfield and Chair,
Peter Niro at:
Independent Mortuary Service
Association of Ontario
c/o Bob Passfield
268 St. Paul Street
St. Catharines, ON L2R 3M2
(905) 682-0474
Independent Mortuary Service
Association of Ontario
c/o Peter Niro
1-480 Brant Street
Burlington, ON L7R 2G4
(905) 333-3359
The Board appreciates its relationships with all associations and wishes the Independent Mortuary Service Association of
Ontario all the best.
Notices and Announcements
Changes at the OFSA
Professional Development
After 18 years of dedicated service to the Ontario
Funeral Service Association and to funeral service in
Ontario, Sheelah Brodie has ended her career as the
Executive Director of OFSA. Sheelah announced her
retirement and turned over the reigns as of December
31, 2000, to Lynne Atkinson formerly of the Ward
Funeral Home in Toronto.
Professional Development will be held April 18, 19,
2001 at the Toronto Marriott, Eaton Centre, 525 Bay
Street, Toronto, ON M5G 2L2. Registration information
was mailed in February 2001.
Do you have any ideas for
newsletter articles?
We would like to thank Sheelah for her commitment
and dedication to funeral service and wish her all the
best in her future endeavours.
Mail, fax or e-mail them to the Board office. We are
always looking for the topics that are of greatest interest
to you and/or those that will assist you. While we cannot
print articles on all of your submissions, we will
endeavour to address the topics most commonly raised.
We wish Lynne every success in her new position.
Website
WANTED: Practical Examiners
Visit us at: www.funeralboard.com or contact us by e-mail.
The Licensing Committee is looking for
experienced, professional funeral directors to perform
examinations of students’ practical embalming skills.
We are looking for approximately five individuals in the
Toronto (3 or 4), Ottawa (1 or 2) and London (1 or 2)
regions. Among other qualifications, the funeral
director must have been licensed in Ontario for a
minimum of five years. If you are interested and would
like more information, please submit your name and
short resume to Susan Beck, Manager, Licensing and
Administration, at the Board of Funeral Services
Our general e-mail address is info@funeralboard.com.
The following is the staff directory of e-mail addresses:
Joseph Richer
René Brakel
Susan Beck
Randy Balon
Shahd Studt
Ken Singh
Marlen Weiler
Jim Wingate
josephr@funeralboard.com
reneb@funeralboard.com
sueb@funeralboard.com
randyb@funeralboard.com
shahds@funeralboard.com
kens@funeralboard.com
marlenw@funeralboard.com
jamesw@funeralboard.com
6