New legislation puts teeth into beauty salon regulation
[2008-5-16]
Tag: Spa Soap
MEG CAREK of Bowling Green, Ohio, isn't one to spend her mornings with her feet submerged in churning water.
"I have a nursing background, so I'm very squeamish about salons," said Carek, who found herself last week seated in a pedicure foot spa chair at Ross Nail Salon at 32 Ross Common.
What brought her in and what keeps her daughter-in-law coming back is the salon's meticulous condition and customer service.
"They are incredibly sanitary and they do a very nice job," said Susanne Carek of San Anselmo, a regular every two to three weeks.
Manicures and pedicures are considered a necessity to some, an occasional indulgence to others. Either way, the soothing beauty regiment has its risks. From skin boils caused by mycobacterium fortuitum, a bacteria commonly found in water and soil, to hepatitis, disease risk is high enough to prompt heavy regulation of the nail salon industry.
The California State Board of Barbering and Cosmetology, a division of the state Department of Consumer Affairs, requires the industry adhere to strict cleaning, sanitizing and disposal practices. Now, spawned by a series of outbreaks, a powerful new piece of legislation that took effect Jan. 1 has put some teeth into enforcement, targeting a common disease-spreading culprit - the pedicure foot spa.
Since Assembly Bill 409, introduced by state Sen. Leland Yee, D-San Francisco, took effect, at least a dozen salons have been cited, including one in San Rafael in January.
the board to put a salon on probation without a hearing if sanitary conditions are not met. Nail salons put on probation are revisited several times to ensure they're complying with the law. They must submit monthly cleaning reports to the board, take remedial training and are fined at least $500.
Previously, operators were entitled to a hearing before being placed on probation. Fines also have risen sharply - salon operators can now be fined $500 per foot spa chair and pay a per-station rate for each reinspection.
Workers at Nail Trix at 4700 Northgate mall, the first salon in the state cited under AB 409, have since discontinued use of the foot spas, owner Lisa Pham said.
"Because of the new law, we've hit the foot spas pretty hard," said Jim Jacobs, the state Board of Barbering and Cosmetology's supervising inspector for Northern California. "It puts them on notice - you either clean it up or we'll end up shutting you down."
The new regulations have drawn some criticism. Salon workers are eager to comply with all the rules, but some say they were caught unaware because information about the new regulations was distributed in English only.
Approximately 80 percent of nail salon workers in California are of Vietnamese descent, said Tina Ling, an Asian Law Caucus policy advocate who works with the California Healthy Nail Salon Collaborative.
The cosmetology board sent postcard notices in Spanish, Tagalog, Vietnamese and Chinese to the state's approximately 40,000 salon shops reminding them of new penalties, but only after salons were cited.
"It places a sort of undue burden on the nail salon workers," Ling said. "We've done a lot of outreach. Almost all said they would follow all the rules and regulations if they were told what the rules and regulations were."
Used as a relaxing ritual to soften skin and soothe customers getting their toes done, the state requires the pedicure foot spa's whirlpool basin be meticulously cleaned and sanitized to prevent dangerous bacteria growth.
Failure to do so has had serious consequences.
In 2000, more than 100 pedicure customers were infected with skin boils linked to foot spas at a Watsonville salon. In 2004, foot spa sanitation problems caused an outbreak of skin infections that afflicted 143 people in Santa Clara County. In Contra Costa County, an additional 17 people were infected after using foot spas.
Regulators said three people - two in California and one in Texas - have died from infections linked to foot spas.
To ward off illness, inspectors use the element of surprise, arriving unannounced at a salon. In some areas, inspections are conducted annually. In highly concentrated areas such as Los Angeles and San Francisco, where many violations are found, inspectors must return more frequently. As a result, many shops go ignored. In their travels, inspectors statewide discover about 50 unlicensed facilities a month.
Upon entering, an inspector will look to see that the establishment license and the department's health and safety poster are posted prominently in the reception area. Licenses for each nail technician also must be posted at each work station.
Inspectors then begin looking for violations. Most are related to improper disinfection of instruments or equipment, regulators said. The establishment is checked for illegal chemicals, clean restrooms and other elements that might pose a danger to consumers.
MEG CAREK of Bowling Green, Ohio, isn't one to spend her mornings with her feet submerged in churning water.
"I have a nursing background, so I'm very squeamish about salons," said Carek, who found herself last week seated in a pedicure foot spa chair at Ross Nail Salon at 32 Ross Common.
What brought her in and what keeps her daughter-in-law coming back is the salon's meticulous condition and customer service.
"They are incredibly sanitary and they do a very nice job," said Susanne Carek of San Anselmo, a regular every two to three weeks.
Manicures and pedicures are considered a necessity to some, an occasional indulgence to others. Either way, the soothing beauty regiment has its risks. From skin boils caused by mycobacterium fortuitum, a bacteria commonly found in water and soil, to hepatitis, disease risk is high enough to prompt heavy regulation of the nail salon industry.
The California State Board of Barbering and Cosmetology, a division of the state Department of Consumer Affairs, requires the industry adhere to strict cleaning, sanitizing and disposal practices. Now, spawned by a series of outbreaks, a powerful new piece of legislation that took effect Jan. 1 has put some teeth into enforcement, targeting a common disease-spreading culprit - the pedicure foot spa.
Since Assembly Bill 409, introduced by state Sen. Leland Yee, D-San Francisco, took effect, at least a dozen salons have been cited, including one in San Rafael in January.
the board to put a salon on probation without a hearing if sanitary conditions are not met. Nail salons put on probation are revisited several times to ensure they're complying with the law. They must submit monthly cleaning reports to the board, take remedial training and are fined at least $500.
Previously, operators were entitled to a hearing before being placed on probation. Fines also have risen sharply - salon operators can now be fined $500 per foot spa chair and pay a per-station rate for each reinspection.
Workers at Nail Trix at 4700 Northgate mall, the first salon in the state cited under AB 409, have since discontinued use of the foot spas, owner Lisa Pham said.
"Because of the new law, we've hit the foot spas pretty hard," said Jim Jacobs, the state Board of Barbering and Cosmetology's supervising inspector for Northern California. "It puts them on notice - you either clean it up or we'll end up shutting you down."
The new regulations have drawn some criticism. Salon workers are eager to comply with all the rules, but some say they were caught unaware because information about the new regulations was distributed in English only.
Approximately 80 percent of nail salon workers in California are of Vietnamese descent, said Tina Ling, an Asian Law Caucus policy advocate who works with the California Healthy Nail Salon Collaborative.
The cosmetology board sent postcard notices in Spanish, Tagalog, Vietnamese and Chinese to the state's approximately 40,000 salon shops reminding them of new penalties, but only after salons were cited.
"It places a sort of undue burden on the nail salon workers," Ling said. "We've done a lot of outreach. Almost all said they would follow all the rules and regulations if they were told what the rules and regulations were."
Used as a relaxing ritual to soften skin and soothe customers getting their toes done, the state requires the pedicure foot spa's whirlpool basin be meticulously cleaned and sanitized to prevent dangerous bacteria growth.
Failure to do so has had serious consequences.
In 2000, more than 100 pedicure customers were infected with skin boils linked to foot spas at a Watsonville salon. In 2004, foot spa sanitation problems caused an outbreak of skin infections that afflicted 143 people in Santa Clara County. In Contra Costa County, an additional 17 people were infected after using foot spas.
Regulators said three people - two in California and one in Texas - have died from infections linked to foot spas.
To ward off illness, inspectors use the element of surprise, arriving unannounced at a salon. In some areas, inspections are conducted annually. In highly concentrated areas such as Los Angeles and San Francisco, where many violations are found, inspectors must return more frequently. As a result, many shops go ignored. In their travels, inspectors statewide discover about 50 unlicensed facilities a month.
Upon entering, an inspector will look to see that the establishment license and the department's health and safety poster are posted prominently in the reception area. Licenses for each nail technician also must be posted at each work station.
Inspectors then begin looking for violations. Most are related to improper disinfection of instruments or equipment, regulators said. The establishment is checked for illegal chemicals, clean restrooms and other elements that might pose a danger to consumers.
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