Using a third-party crematory does not eliminate liability. In fact, firms using crematories owned and operated by another company are still obligated to protect their families serviced – if for no other reason because in the absence of due diligence a firm may be held accountable for actions of a third-party crematory.
Considering cremation services account for nearly 50 percent of death care services nationwide, ensuring third-party crematories follow regulations and enforce policies and procedures is critical for business survival.
It is no longer acceptable for funeral home owners to remain unfamiliar with policies and procedures to avoid risk in crematory operations. Rather, owners and employees must conduct assessments to reduce the risk of using a third-party crematory.
The first step to establishing protection through due diligence is conducting unannounced inspections of the crematory, at least annually. State and national associations provide a variety of inspections forms. These forms may be used to conduct inspections and then maintained in a file folder at the funeral home. Retaining completed inspection forms serves as documentation of routine inspections should it ever be necessary.
But regardless of routine unannounced inspections, every time human remains are delivered to a crematory, a casual visual inspection should be performed.
Other considerations when evaluating a crematory include determining whether the crematory has an effective policy and procedure manual. This manual should be site-specific, covering their operations from the time human remains are transferred in to their custody until the cremated human remains are transferred back to the funeral home’s custody.
The Authorization to Cremate should be current. If the crematory is using the same form for years it is likely outdated. And if written correctly, the authorization will protect both the funeral home and the crematory while informing the authorizing agent of what will take place through the disclosures.
Taking the evaluation further, all crematory operators should be certified. This certification process can be done though national associations or the manufacturers. However, considering the current death care business, everyone who deals with cremation in the profession should become certified. This additional knowledge not only helps professionals work toward becoming a cremation specialist but enables them to perform better inspections and understand the risks in their business.
To further decrease a firm’s exposure, the firm should be added as an additional insured on the crematory’s insurance policy and the firm should have the insurance company’s carrier or agent issue an ACORD certificate. As an additional insured the firm is covered by the crematory’s insurance should the latter be at fault. This action further functions as a defense and covers a judgment awarded against the firm due to the crematory’s negligence.
And if the crematory is found to lack the above standards, policies and procedures then it should not be used. Crematories not following professional death care standards to mitigate risk and ensure the required level of care are not worth the risk they pass to firms and firms’ consumers.
When I write an article on cremation, I attempt to upgrade the cremation procedures that many of the death care providers currently follow. These procedures may take more time or may add cost to your firm. If they do, you may want to research what you are charging and adjust to reflect the dignity and respect required when dealing with consumers who choose cremation.