The Department of Labor's Occupational Safety and Health Administration (OSHA) recently published its revised "Field Operations Manual" used in inspecting workplaces for compliance. The manual is over 300 pages long and requires inspectors to review an employer's injury and illness logs for the three prior calendar years. This review is mandatory for all general industry, construction, maritime, and agricultural inspections and investigations.

The new manual also emphasizes the General Duty clause that requires all employers to maintain a workplace free from recognized, serious hazards. Reference is made to company memorandums, safety work rules and manuals, workers compensation reports, manufacturer's warnings, and national consensus standards if the industry participated in the drafting of these standards. The OSHA manual is available online at www.osha.gov/OshDoc/Directive_pdf/CPL_02-00-148.pdf.

Stay Informed on New Swine Flu Developments at cdc.gov

Perhaps the best single source for the latest reliable information on the swine flu outbreak and steps we can take for prevention is the Centers for Disease Control (CDC). This agency has established a swine flu page that can be accessed at www.cdc.gov/swineflu.

FTC Staff Confirms Cemeteries Are Not Covered Under the Funeral Rule

Federal Trade Commission staff recently published an Advisory Opinion letter in response to a request by Selected Independent Funeral Homes (SIFH) urging that cemeteries should be covered under the Funeral Rule. SIFH based its argument on an earlier staff advisory opinion published in October 2008 that confirmed that crematories selling urns are covered under the Rule. FTC staff rejected the SIFH argument stating that cemeteries do not satisfy the two-prong definition of funeral services "since they generally deal only with casketed remains."

The Advisory Opinion distinguished the role of crematories from cemeteries in preparing human remains for final disposition. "Unlike cemeteries, crematories... physically handle human remains to transfer them from regular or rental caskets to flammable containers, check for and remove prosthetics, pacemakers, and jewelry prior to cremation, and collect the ashes when the process is completed." Staff acknowledged that "if a commercial cemetery provides 'funeral services' and offers or sells 'funeral goods,' it would be obligated to comply with the Rule." The ICCFA submitted comments to FTC staff discussing the issue of cemeteries and the Funeral Rule. The advisory opinion can be viewed on the FTC Web site at ftc.gov/bcp/conline/edcams/funerals/opinions/opinion09-5.pdf.

Another FTC Staff Advisory Opinion: Discounting the Basic Services Fee

Following up on the report in the March 17, 2009, edition of ICCFA Wireless, the FTC staff has issued a second advisory opinion on the subject of discounting the basic services fee. The original opinion, 09-1, confirmed a 1997 staff opinion that the services fee cannot be discounted. The new opinion, 09-3, clarifies that "funeral providers may charge lower prices for special groups, such as indigents, infants, and memorial society members. The one prerequisite for charging lower prices for such special groups... is the requirement that a funeral provider provide qualifying clients with an alternative price list."

A second issue involving the question of whether the full basic services fee listed in the GPL must be charged for forwarding and receipt of remains, direct cremation, and immediate burial, will be addressed by FTC staff in a forthcoming advisory opinion. To view the new Advisory Opinion 09-3, go to the FTC Web site at ftc.gov/bcp/conline/edcams/funerals/opinions/opinion09-3.

Our Funeral Director will provide professional services to client families, during and after the loss of a loved one. Retain heritage and grow market share through active involvement with community, religious, and other organizations. Adhere to all professional, municipal, state, and federal licensing regulations and rules applicable to the funeral service industry.

The successful candidate will be passionate about their work and possess a high level of integrity. Be a license Funeral Director with a Degree in Mortuary Science. Detail oriented and solution minded. Possess outstanding organization and time management skills. Work well independently and as part of a team, and have superior communication skills.

If you have what it takes to be on our team, send your resume to dennis.hamilton@nsmg.com for Memphis or donnell.sullivan@nsmg.com for Ft. Myers.

Investment Opportunity
Gateway to Heaven! Funeral Home, mausoleums, crematorium and serenity garden. An $8 to 10 million investor needed to join our team for the above "Celebration of Life" project to include 39,552 burial sites of a seven phase development in Southlake, Texas. E-mail: gbeaglesr@yahoo.com. Please call: 817.366.4276 or 888.481.7988.

Superstar Sales Manager Wanted
NorthStar, the smartest privately held company in our industry has a rare sales manager opening. If you seek a well paying, progressive, sales centric culture and are hard working, ethical, motivating and a proven developer of sales talent, we need to talk.

Our sales cluster in Decatur, IL, consisting of Graceland Cemetery and Funeral Home and Fairlawn Cemetery with 400-plus interments and 350-plus case volume has a wide variety of constructed and preconstructed inventory at multiple price points in a market with a population of 100,000-plus and very limited competition. Our existing sales team needs a hands-on leader to train, motivate and lead them by example. To exceed $250,000 to $300,000 in combined monthly sales.

Send your resume to Bob March to become the latest NorthStar hero at bob.march@nsmg.com. I will contact you within 48 hours if you appear to have the experience and character we seek.

Memorial Garden Cemeteries for Sale
My name is Milton Marshall, and I am the sole owner of two Memorial Garden cemeteries for over 36 years. I am 75 years old and I am ready to retire! The properties are conveniently located only 35 minutes apart, one in Hopkinsville, Kentucky and the other in Clarksville, Tennessee. I am presenting these cemeteries for sale to professional individuals or companies that will continue to serve these communities while achieving their own business goals.

Thank you for visiting this site: www.cemeteryforsale.com

You are welcome to contact me by e-mail or phone:
Milton Marshall
milton@cemeteryforsale.com
270-887-3549

Sales Management
The Fabulous Virginias! We have immediate opportunities in Virginia and West Virginia for ambitious, optimistic, energetic, and fun-loving sales management leaders. Since 1910, Stewart Enterprises has offered the most consistent and stable environment in our profession. That is still reflected today with the fact that our area management team enjoys 7.5 years tenure.

The parks available right now have a large heritage and enjoy a very traditional marketplace. All facilities are full service with mausoleum, lawn crypt, niche, lots and memorialization available to sell.

The income opportunities here combined with a lower than average cost of living will provide you and your family with a terrific quality of life.

If you're looking for a longer, better, and more stable future in our profession and have the experience you think necessary, we sincerely invite you to call or send your resume in confidence today.

Call Senior Sales Executive, John Dawson @ 304-254-3250, e-mail resume to JDawson@stei.com, or fax resume to 304-254-3258.

President/Chief Executive Officer
We are West Laurel Hill Cemetery/Laurel Hill Cemetery/Bringhurst & Turner Funeral Homes. We are head quartered in Bala Cynwyd, PA; serving the community for over 100 years.

We are seeking a visionary and strategic thinker to lead our organization as President and CEO. Our ideal candidate will have 20 years in a leadership and officer capacity reporting and communicating with the Board of Directors. The person will have experience in developing new business, creating substantial value and providing forward thinking.

Our organization has been recognized as leaders in our Community for the last 140 years; and we will expect the President to expand our mission to reach new heights for the next century.

Responsibilities include:

• Providing strategic long range and day to day vision.
• Directing the sales and marketing, operational and financial and internal control functions.
• Developing channels to expand our Brand awareness.
• Leading and expanding our mission of providing excellence and compassion to our families.
• Communicating with our excellent staff, board of directors and outside constituents including Community leaders and members, media, family and friends.
• Preserving the historic integrity of the cemeteries.

Our ideal candidate will have the ability to lead, grow and manage in a caring environment. He/she will be able to nimbly meet critical deadlines on short notice where response time and caring are always paramount.

This Presidential/CEO position requires the ability to work effectively in a very competitive environment where critical thinking and the ability to interact and communicate with board members is a must. It also will require a commitment of time to achieve standards of excellence.

We will provide a generous compensation and benefit package.

Respond in confidence to:
Executive Sounding Board Associates Inc.
President/CEO Search Position-RDK-WLH
esbany@esba.com

1350 Broadway, Suite 702
New York, NY 10018
Fax: 212-944-0753

Advanced Planning Funeral Director
Earn up to a $25,000+ sign on bonus if you are a top notch Advanced Planning Funeral Director! We will be hiring someone with a proven track record in advanced planning funeral sales. Are you that person? Woodlawn Memorial Gardens located in beautiful Norfolk, VA is a Funeral Home/Cemetery Combo facility. We are expanding our business and looking for a top notch Advance Planning Funeral Director who will be responsible for our advanced planning funeral services. Must have Life & Annuities Insurance Licensure (or the ability to obtain with in a short period of time) and currently be licensed as a Virginia Funeral Director (or the ability to be licensed as one). Must be proficient w/computer and be willing to learn new software. Must be comfortable speaking in front of groups. This is a full-time position that offers competitive pay, excellent benefits including 401k, profit sharing and vacation. For consideration, please e-mail your resume with salary history to bspry@iccfa.com. (Confidential Inquiries). EOE.

Cemetery Sales—Advanced Planning Professional
Earn up to a $25,000 sign on bonus if you are a top notch salesperson with proven pre-need cemetery sales experience. Have you always wanted to live and work close to the beach? Well, it's time to make that dream a reality. Woodlawn Memorial Gardens has 75 acres of beautifully landscaped and maintained property and is located in Norfolk, Virginia, just minutes from the Virginia Beach Oceanfront. Woodlawn is a combo facility and is in the process of expanding our Advanced Planning sales team by adding more top notch talent. Sales experience must be proven and demonstrated. This is a full-time commissioned opportunity with benefits and high earnings potential. Must have a valid driver's license, be able to obtain a Virginia cemetery sales license, have excellent computer skills, closing skills and the desire to write your own paycheck. For further consideration, please email your resume, with salary history included to miguelquinones@woodlawngroup.com. (Confidential Inquiries). EOE.

Place your classified advertisement with ICCFA today!

• ICCFA Wireless classified ads cost $80 and must be prepaid.
• Ads run in two consecutive issues, and include free placement on the ICCFA Web site for four weeks.
• Ads include a link to the company Web site and/or e-mail at no charge.
• Ads with a box number for confidential reply are available for an additional $15.
• Ads must be no longer than 250 words.
• ICCFA reserves the right to limit the number of ads per issue on a first-come, first-served basis.
• All advertising is subject to the publisher's approval; advertisers assume liability for all content of advertisements printed and for any claims arising therefrom against the publisher.

  For more information or to place an ad, contact Bryan Spry at bspry@iccfa.com or call 1.800.645.7700. See more classified ads at www.iccfa.com/classifieds.

ICCFA Supply Link Allows Easy Buyer's Guide Searching
The ICCFA Supply Link, an online buyer's guide members can use to easily search for products and services from the convenience of their computers, can be accessed directly from the ICCFA home page. The Supply Link offers a "Search" function whereby members can search according to product type or company name and can be limited to a state or to a certain radius distance from a specified city or ZIP code. Users also can narrow their search to include only ICCFA-member companies. Suppliers that are ICCFA members and exhibitors are identified as such in their listings.

ICCFA News Page
The ICCFA News Page takes you to sources throughout the world for industry news and updates. It brings you the most comprehensive selection of funeral service and cemetery news available anywhere, along with frequently updated general news items related to national and world events. The News Page reports the news before anyone else and is one of the most visited page on the ICCFA Web site. Stop in each day and you'll see why.

Music Licensing
The 2009 Music Licenses are available for just $248 per property, no additional fees. Covers ASCAP, BMI and SESAC. Any U.S. funeral home, cemetery or related business is eligible for membership as a Music License Member. Licensing directly with the agencies this year would cost nearly $600 per location, so this price—which requires no additional membership fee—is still the lowest available to the industry.

Tax-Related Questions
ICCFA members now also have access to an attorney for tax-related questions regarding trust earnings, care fund allocations, capital gains, investments and more. The ICCFA has retained Leslie Schneider, CPA, a tax attorney with Ivins, Phillips & Barker in Washington, DC, for telephone consultations for up to 20 minutes with no obligation. To take advantage of this member benefit, call Schneider at 202.393.7600.

ICCFA Insurance Program
Administered by Alliant Insurance Services, this program allows members to purchase commercial property and casualty insurance -- including general liability, commercial property, automobile liability and physical damage, umbrella liability, professional liability, workers compensation, employee benefits and more -- at rates they probably would not be able to afford on their own. For details, call 1.800.390.9099.

Fraud Prevention & Detection Consultation Service
ICCFA has retained the services of veteran fraud investigator Robert A. Garvey Jr., CPA, CFE, CrFA, CVA, to serve as a consultative resource for members' employee theft and fraud concerns. The new member benefit, the "Fraud Investigation and Deterrence Consultation Service" or FIDCS, will allow members to discuss by telephone any issues or concerns related to suspected fraudulent activity or a desire to put systems and controls in place at their locations to deter such activity. There is no cost to ICCFA members in good standing to utilize this benefit. The number to call is 1.866.649.1902.

Legal Advice on Cremation Concerns
Courtesy of the ICCFA Government and Legal Fund, ICCFA members now have access to pre-paid legal advice on cremation-related issues. Through this exclusive member benefit, the association has retained Poul H. Lemasters, Esq., of Rosenacker & Associates, Ltd., Cincinnati, Ohio. Poul is an attorney and licensed funeral director, and members in good standing may call him at 1.800.221.2889 to discuss cremation concerns for up to 20 minutes at no charge.

FTC 'Red Flag' Compliance Program
ICCFA now offers members a sample compliance program concerning new Federal Trade Commission rules to fight identity theft. To have the program template sent to you, please contact us at 1.800.645.7700.

GPL Compliance Check
Members whose businesses must follow the FTC Funeral Rule's General Price List (GPL) requirements can have their lists reviewed for compliance by attorney Poul H. Lemasters, Esq., without charge. Contact Lemasters at 1.800.221.2889.

International Cemetery, Cremation and Funeral Association
107 Carpenter Drive, Suite 100
Sterling, VA 20164
1.800.645.7700
703.391.8400
Fax: 703.391.8416
www.iccfa.com

Copyright 2009, International Cemetery, Cremation and Funeral Association