172 Neb. Admin. Code, ch. 69, § 005

Current through September 17, 2024

Section 172-69-005 - CREMATORY RESPONSIBILITIES, TRAINING, SANITATION, EQUIPMENT AND SUPPLIES, SAFETY, CODES, AND FORMS

The licensee of the crematory authority is required to ensure policies are developed and implemented, the appropriate training is provided, and sanitation requirements are followed as set out in this chapter and the statutes.

005.01CREMATORY RESPONSIBILITIES. The licensee must determine, implement and monitor policies to assure that the crematory is administered and managed appropriately. The licensee's responsibilities include:

(A) Monitoring policies to assure appropriate administration and management of the crematory;

(B) Ensuring the crematory's compliance with all applicable state statutes and regulations; and

(C) Ensuring the quality of all services.

005.02TRAINING. The licensee must provide crematory staff with sufficient training to operate the cremation chamber or retort in compliance with the requirements of the statutes and this chapter.

005.03INFECTION CONTROL. There must be a system for management of identified infections within the crematory which includes the use of standard precautions for prevention of transmission of infectious diseases among staff.

005.04ENVIRONMENTAL SERVICES. The crematory must be safe and clean.

005.04(A)MAINTENANCE. The licensee must ensure that the following maintenance requirements are met:

(i) All crematory buildings and grounds must be kept clean, safe and in good repair;

(ii) All garbage and rubbish must be disposed of in a manner as to prevent the attraction of rodents, flies, and all other insects and vermin. Garbage and rubbish must be disposed in a manner as to minimize the transmission of infectious diseases and minimize odor;

(iii) Adequate lighting and environmental temperatures are maintained; and

(iv) The premises are maintained and equipped to prevent the entrance, harborage, or breeding of rodents, flies, and all other insects and vermin.

005.04(B)EQUIPMENT, FIXTURES, FURNISHINGS, TOOLS AND SUPPLIES. All equipment, fixtures, furnishings, tools and supplies must be clean, safe and in good repair. A crematory must meet the following:

(i) Have heat resistant gloves and a filter mask for use by staff;

(ii) The cremation chamber must be built by professional crematory manufacturer, and must be operational;

(iii) Have a designated processing area for pulverization; and

(iv) Establish and implement processes designed for routine and preventative maintenance of equipment and furnishings to ensure that the equipment and furnishings are safe and functional to meet their intended use.

005.05SAFETY. The crematory must be maintained in a manner that minimizes accidents and meets the following:

(A) The environment must be maintained to protect the health and safety of employees by keeping surfaces smooth and free of sharp edges and mold and dirt, keeping floors free of unsafe objects and slippery or uneven surfaces, and keeping the environment free of other conditions which may pose a potential risk to the health and safety of the employees;

(B) All doors, stairways, passageways, aisles or other means of exit must be maintained in a manner that provides safe and adequate access;

(C) Policies and procedures must be established and implemented to ensure hazardous or poisonous materials are properly handled and stored to prevent accidental ingestion, inhalation, or consumption of the hazardous or poisonous materials;

(D) Access to mechanical equipment which may pose a danger to the public must be restricted to staff of the crematory;

(E) Have a system to identify and prevent the occurrence of hazards to employees; and

(F) Have and implement policies addressing dangerous substances, sharp objects, unprotected electrical outlets, and the prevention of water temperatures above 120 degrees Fahrenheit, and smoking or vaping within the crematory.

005.06CODES AND GUIDELINES. All crematories must comply with the following codes and guidelines to provide a safe and accessible environment:

(A) The "Building Construction Act", Neb. Rev. Stat. §§ 71-6401 to 71-6407;

(B) The State Electrical Act, Neb. Rev. Stat. §§ 81-2101 to 81-2143;

(C) The "Nebraska State Fire Code Regulations" found at 153 NAC 1;

(D) The Nebraska Department of Environmental Quality's Rules and Regulations regarding incineration construction and operating requirements;

(E) The applicable zoning and environmental regulations; and

(F) The building codes of the city and county where it is located.

005.07RECORD KEEPING AND CREMATION AUTHORIZATION. The licensee must have records evidencing compliance with Neb. Rev. Stat. § 71-1377.

005.08DELIVERY RECEIPT FORMS. The licensee must have a delivery receipt form for each time the crematory accepts delivery of human remains for cremation. This form must be provided by a funeral establishment to a crematory to document the receipt of human remains for cremation. The delivery receipt form must include:

(A) Name and address of the funeral home;

(B) Name and address of the crematory;

(C) Name of the deceased;

(D) A list of any personal effects which accompanies the cremated human remains;

(E) Date and time of delivery of the human remains;

(F) Signature of the funeral director or his or her representative; and

(G) Signature of the person receiving the human remains for cremation.

005.09CREMATED REMAINS RECEIPT FORM. The crematory must provide a cremated remains receipt to an authorizing agent or his or her or its representative that identifies cremated remains and the person authorized to receive such human remains. The cremated human remains receipt form must include:

(A) The name of the deceased;

(B) The name of the authorizing agent or his or her representative;

(C) The date, time, and place of receipt of the cremated remains;

(D) Date of release;

(E) Metallic ID disk number;

(F) Name and address of the crematory; and

(G) The signatures of the owner of the crematory or his or her or its representative.

005.10CREMATION LOGBOOK. A cremation logbook must be kept for each cremation performed and include:

(A) Name of the deceased;

(B) Date the deceased was brought to the crematory;

(C) Date of the start of the cremation;

(D) Metallic ID disk number;

(E) Cremation unit number;

(F) Name of the person performing the cremation; and

(G) Date and disposition of the cremated remains.

172 Neb. Admin. Code, ch. 69, § 005

Amended effective 3/17/2020