How’s the Air in There? 

Our five-part series on salon safety, health and infection control concludes with a look at indoor air quality in the cosmetology industry, particularly indoor air quality in nail salons.   

The first four columns in the series focused on the importance of (and regulatory requirements related to) hand washing, disinfection and disposal and infection control, as well as Oregon’s success in preventing infection outbreaks from footbaths in nail salons.   

Is the air in cosmetology facilities, particularly nail salons, safe to breathe?  Are state regulations doing enough to protect both salon workers and customers? 

While former Vice President Al Gore hasn’t starred in an Oscar-winning documentary on indoor air quality, the quality of the air we breathe at home and work may be as important from an individual standpoint as global climate change is from a, well, global perspective. 

The news media has reported for years on “sick building syndrome” among employees in buildings where the indoor air may contain pollutants associated with respiratory problems and other illnesses.  Part of the “green building” movement has focused on materials, products and systems that provide clean, fresh air to building interiors. 

Oregon’s nearly 5,000 cosmetology facilities are required to comply not only with cosmetology regulations but also with “all applicable regulations” related to public health and safety.   

OHLA, OSHA and Beyond 

In addition to checking for compliance in other regulatory areas, enforcement officers from the Oregon Health Licensing Agency (OHLA) inspect cosmetology facilities across the state to see if they are correctly storing, handling, dispensing and disposing of chemicals as well as providing adequate ventilation.  (Please see related Oregon Administrative Rules highlighted on this page.) 

If OHLA enforcement officers find potential violations of the Oregon Safe Employment Act when an employee/ employer relationship exists, OHLA refers those cases to the Oregon Occupational Safety and Health Division (Oregon OSHA).  Oregon OSHA has the authority to force compliance to protect employees from hazardous conditions. 

OHLA enforcement officers also refer violations of the Oregon Indoor Clean Air Act to the Department of Human Services, Health Services.  This law prohibits smoking in public areas. 

The interest in indoor air quality is strong enough to generate interest from the Oregon Department of Environmental Quality (DEQ), even though DEQ doesn’t necessarily regulate indoor air quality.  

“It was something that seemed to be slipping through the cracks,” says Patricia Huback from DEQ’s Air Quality Division. 

Huback has proposed a statewide project focused on nail salons to raise awareness about the potential health and environmental risks associated with exposure to the chemicals used in salons.  The project would also retrofit salons to improve ventilation and reduce exposure to those chemicals. 

Huback told me that Oregon would be one of the first of several states to focus on nail salon indoor
air quality.   

Environmental Groups Interested 

Unfortunately, Huback’s proposal wasn’t approved by DEQ because the agency’s statutory authority is limited to outdoor air quality.  Huback hasn’t given up, though, and has elicited interest from local environmental organizations. 

“While DEQ can’t carry out such a project, we can act as a technical advisor,” she says. 

Huback has also reached out to organizations that provide services to new immigrants to Oregon, particularly Vietnamese nail salon employees whose first language may not be English.  

“Nail salon workers are exposed to chemicals, some hazardous, for long periods of time and might be unaware of the potential health and environmental risks associated with them,” Huback says.  “The goal of the project is to educate salon employees on how to reduce exposure while improving ventilation and disposal of these chemicals.” 

Chemicals of Concern 

Huback says that acetone, formaldehyde, toluene, ethyl methacrylate (EMA), methyl methacrylate (MMA) and dibutyl phthalate are chemicals used in nail salons, some of which are hazardous. 

While using MMA is a violation of Oregon cosmetology regulations, salons may use the other chemicals, which are found in polishes, acrylics, glues, laminates and disinfectants. 

And while there are conflicting opinions on the level of risk, particularly for customers, who aren’t exposed to these chemicals on a day-to-day, long-term basis, I would think that it’s better to be “safe than sorry” when you and your customer’s health may be at stake. 

And until Huback’s project gets off the ground, cosmetology facilities, particularly nail salons, should at the very least check to see if they are in compliance with existing regulations.   

Then maybe we can all breathe easier. 

Kraig Bohot is Communications Officer at the Oregon Health Licensing Agency (OHLA), a state consumer protection agency providing centralized regulatory oversight of multiple health and related professions.  He can be reached at (503) 378-8667, ext. 4330 or at kraig.bohot@state.or.us.

Board Bulletin... Next Board Meeting Is May 14 

The Board of Cosmetology next meets on Monday, May 14, 9 am in the Rhoades Conference Room at OHLA in Salem.  Board meetings are open to the public and offer an opportunity to comment on board business and other related matters.   

For a meeting agenda, visit the OHLA Web site at www.oregon.gov/OHLA, call OHLA at 503.378.8667 ext. 4323 or visit the OHLA office. 

RULE REVIEW:
Chemical Use and Storage 

The following is taken directly from Oregon Administrative Rules (OAR) for cosmetology.  You may access the complete OARs for cosmetology at www.oregon.gov/OHLA/COS under Laws & Rules on the left menu bar, or request a copy from the Oregon Health Licensing Agency (OHLA). 

817-060-0010: Client Protection 

(1) When administering chemical services to a client, all practitioners, as defined in ORS Chapter 690, shall follow safety procedures which prevent eye, nail, hair, or skin injury to clients or damage to the clothing of clients. 

(2) When an employee/employer relationship exists employees shall comply with ORS 654 and OAR 437-002-0360(25), 29 CFR 1910.1030, OAR 437-002-0360(35), 29 CFR 1910.1200. 

817-060-0020: Chemical Storage 

(1) For the purposes of this section, the following terms are being used as defined by OAR 437, Division 2, General Occupational Safety and Health Rules Toxic and Hazardous Substances as amended and in effect November 2, 1999; 

    (a) Corrosives; 

    (b) Flammables (aerosol, gas, liquid, and/or solid); 

    (c) Oxidizers. 

(2) For purposes of this section “hazardous” and “segregated in storage” are defined as: 

    (a) “Hazardous” means capable of causing an unplanned, uncontrolled reaction 

    which could present a hazard to practitioners or clients by explosion, fire, 

     release of toxic gases or by-products, or physical or chemical burns; and 

    (b) “Segregated in storage” means that potentially hazardous chemicals and 

    materials are separated (so as to prevent their mixing with one another 

    through leakage, spillage or breakage) by an adequate distance or through the 

    use of physical barriers such as partitions or separate shelving arrangements. 

(3) All facilities, independent contractors and practitioners using chemicals in providing services to clients shall store the chemicals safely to avoid fire, explosion and bodily harm to clients and practitioners: 

    (a) Flammable chemicals shall be stored remote from potential sources of ignition 

    (e.g., the pilot light of a hot water tank); and 

    (b) Chemicals which could interact in a hazardous manner (e.g., oxidizers,  

    corrosives and flammables) shall be segregated in storage, in areas where  

    surrounding air temperatures do not exceed 140 degrees Fahrenheit: 

    (A) Chemical containers holding one gallon or less may be stored in the 

    same area or in the same storage cabinet with materials with which they 

    could react, if one of the following conditions is met: 

        (i) Containers of reactive chemicals are separated by location or 

        sufficient distance (i.e., at least 12 inches apart or on different 

        shelves) to prevent their reaction; or 

        (ii) Glass bottles of reactive chemicals are treated to make them 

        break-resistant (e.g., resin- coated) or are stored in rubber buckets 

        or sleeves, or are stored with a partition separating them. 

    (B) Chemicals which are highly reactive or stored in containers greater than 

    one gallon must be stored in separate cabinets, in safety-valve containers, 

    or in locations isolated from other chemicals; 

    (C) Chemicals may be stored in containers which the Oregon Department 

    of Transportation has approved for the shipping of those chemicals; and 

    (D) Chemically related waste or refuse and chemically dampened or 

    saturated towels must be placed in the appropriate fire-retardant 

    containers as stated in OAR 817-010-0035(4) and 817-010-0060. 

817-060-0030: Use, Handling and Disposing of Chemicals 

(1) Practitioners who use chemicals in order to provide services to clients shall mix those chemicals in a dispensing area, which has adequate ventilation away from open flame or other source of potential ignition. 

(2) All chemically saturated towels and waste from the work and storage area must be placed in covered, fire-retardant containers. Refer to 817-010-0035 and 817-010-0060. 

(3) All chemicals shall be disposed of according to manufacturers instructions and in accordance with local and state environmental requirements. 

(4) Cosmetic products containing hazardous substances, which have been banned by the U.S. Food and Drug Administration for use in cosmetic products, are prohibited on the premises of facilities. 

(5) Products are prohibited from being used in a manner that is disapproved by the U.S. Food and Drug Administration. 

(6) A practitioner shall not use any product containing compounds or substances characterized as hazardous or harmful to humans by Material Safety Data Sheets (MSDS) and/or random product testing. 

(7) Smoking or use of an open flame at the workstation, by either the client or practitioner, during any phase of chemical service, i.e. mixing, application, processing, or use of any potentially explosive chemicals, is strictly prohibited. This prohibition includes smoking by the client inside the facility while any phase of a chemical service is being performed.  

For More Information on Applicable Laws 

• Oregon Indoor Clean Air Act (Smoke-free Workplace Law) Department of Human Services, Public Health Division: http://www.oregon.gov/DHS/ph/smokefree/index.shtml 
• Oregon OSHA Department of Consumer & Business Services 

http://www.cbs.state.or.us/external/osha/ 

Shear Numbers 

How many cosmetology practitioners and facilities are active in Oregon?  (Numbers in parentheses +/- change from previous month.)  According to Oregon Health Licensing Agency (OHLA) records as of March 30, 2007:

Practitioners:      28,949 (+161) 

Facilities:    4,454 (+14) 

Independent contractors:    6,744 (+13) 

Certificate of ID:    168 (-4)

Barbering:    7,775 (-193) 

Esthetics:    13,347 (-70) 

Hair Design:    20,518 (+65) 

Nail Technology:    14,962 (-110)