PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken:
Amendment of sections 160.11 and 160.20 of Title 19 NYCRR.
Statutory authority:
Executive Law, section 91; General Business Law, sections 402(5) and 404
Finding of necessity for emergency rule:
Preservation of public health, public safety and general welfare.
Specific reasons underlying the finding of necessity:
The Department of State (“Department”) is charged, inter alia, with the enforcement of New York General Business Law (“NY GBL”) Article 27, which relates to the appearance enhancement industry. A principal purpose behind the enactment of Article 27 was to provide a system of licensure of appearance enhancement businesses and operators that would both allow for the greatest possible flexibility in the establishment of regulated services and implement measures to protect those who practice in the industry. Consistent with this legislative intent of Article 27, the Department is empowered to issue regulations which protect the general welfare of the public, including those who provide nail care services. New information regarding the practice of nail specialty indicates that many practitioners are at risk from preventable disease and injury because of the lack of readily available protective gear.
To help ensure that workers, who often are victims of unsafe working conditions, are better protected the Department is adopting these emergency health and safety regulations. The enhancement of public safety, health and general welfare necessitates the promulgation of this regulation on an emergency basis. The Department finds that imposing new requirements and clarifying existing regulations will protect the approximate 162,000 licensed cosmetologists and nail specialists in New York.
Subject:
Personal protective equipment.
Purpose:
To require the provision and use of personal protective equipment.
Text of emergency rule:
Section 160.20 of Title 19 of the NYCRR is amended as follows:
160.20 Hygienic practices.
(a) Cotton applicators may be used and must be stored in a closed container or sealed bag.
(b) A clean sheet of paper or a clean towel not previously used for any purpose shall be placed on the table or headrest before any client reclines on a table or chair.
(c) Cloth towels may be used once then bagged, machine washed and dried.
(d) A paper strip or clean towel shall be placed completely around the neck of each client before an apron or any other protective device is fastened around the neck.
(e) All practitioners and nail care clients must wash hands with soap and water before each client service.
(f) All sharp or pointed equipment shall be stored when not in use so as not to be accessible to consumers.
(g) All fluids, semifluids and powders must be dispensed with a shaker, dispenser pump or spray type container. All creams, lotions and other cosmetics used for clients must be kept in closed containers and dispensed with disposable applicators. When only a portion of a preparation is to be used on a client, it shall be removed from the container in such a way as not to contaminate the remaining portion.
(h) All practitioners must use a properly fitted N-95 or N-100 respirator, approved by the National Institute for Occupational Safety and Health (“NIOSH”) in accordance with manufacturer’s specifications when buffing or filing nails or using acrylic powder.
(i) All practitioners must wear gloves when handling potentially hazardous chemicals or waste and during cleanup, or when performing any procedure that has a risk of breaking a customer’s skin.
(j) All practitioners must wear eye protection when pouring or transferring potentially hazardous chemicals from bulk containers and when preparing potentially hazardous chemicals for use in nail care services.
(k) The requirements of Subdivisions (a) through (g) were in effect prior to the filing of this emergency regulation, and remain in continuous full force and effect. Subdivisions (h), (i), and (j) of this Section shall take effect on June 15, 2015.
Section 160.11 of Title 19 of the NYCRR is amended as follows:
Section 160.11. Owner responsibilities.
(a) An owner [, an area renter or both] shall be responsible for the proper conduct of the licensed business and for the proper provision of appearance enhancement services to the public by its employees or operators.
(b) An owner [, an area renter or both] shall be responsible for compliance with all applicable health and sanitary codes, and all statutory and regulatory requirements with respect to the practices of the occupation and business prescribed by this Part.
(c) An owner shall be responsible for maintaining the following equipment at each workstation, to be made available, upon request and without cost, to each person providing nail care services who uses such workstation:
(1) A properly fitting N-95 or N-100 respirator, approved by the National Institute for Occupational Safety and Health (“NIOSH”), for each individual who uses such workstation, to reduce inhalation of dust and particulate matter;
(2) Protective gloves made of nitrile, or other similar non-permeable material for workers with a sensitivity to nitrile gloves, in quantities sufficient to allow each individual providing nail care services to have a new pair of gloves for each customer served; and
(3) Eye protection sufficient to protect from splashes when pouring or transferring potentially hazardous chemicals from bulk containers or when preparing potentially hazardous chemicals for use in nail care services.
(d) The requirements of Subdivisions (a) and (b) were in effect prior to the filing of this emergency regulation, and remain in continuous full force and effect. Subdivision (c) of this Section shall take effect on June 15, 2015.
This notice is intended
to serve only as a notice of emergency adoption. This agency intends to adopt this emergency rule as a permanent rule and will publish a notice of proposed rule making in the State Register at some future date. The emergency rule will expire August 15, 2015.
Text of rule and any required statements and analyses may be obtained from:
David A. Mossberg, Esq., NYS Dept. of State, 123 William Street, 20th Fl, New York, NY 10038, (212) 417-2063, email: david.mossberg@dos.ny.gov
Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural Area Flexibility Analysis and Job Impact Statement
A Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural Area Flexibility Analysis and Job Impact Statement are not submitted, but will be published in theRegister within 30 days of the rule's effective date.
Assessment of Public Comment
The agency received no public comment since publication of the last assessment of public comment.
