__________________________________
#P601
Occupational Safety and Health
Administration Regulations
COURSE #P601 — 1 CE HOUR
Release Date: 11/01/11
Expiration Date: 10/31/14
Occupational Safety and Health
Administration Regulations
HOW TO RECEIVE CREDIT
• Read the enclosed course.
• Complete the questions at the end of the course.
• Return your completed Answer Sheet/Evaluation to
Paragon CET by mail or fax, or complete online at
www.ParagonCET.com. Your postmark or facsimile
date will be used as your completion date.
• Receive your Certificate(s) of Completion by mail,
fax, or email.
Faculty
Paragon CET Staff
Division Planner
Leah Pineschi Alberto, licensed cosmetologist and
instructor of cosmetology, has been educating students
in Northern California since 1975. In addition, she has
been responsible for training educators in cosmetology,
esthetics, and manicuring for more than 30 years.
Mrs. Alberto began her career with Don’s Beauty
School in San Mateo, California. She held a 30-year
position at Sacramento City College and is currently
the State Board Specialty Learning Leader for Paul
Mitchell the School at MTI College in Sacramento,
California. She is a salon owner, a former Department
of Consumer Affairs examiner, and a speaker at the
Esthetics Enforcement Conference.
The health and safety of the community of stylists,
salon owners, and school owners has been the focus of
Mrs. Alberto’s career. She served on the State Board
Task Force on Pedicure Disinfection commissioned by
Governor Schwarzenegger to investigate the cleanliness
of the pedicure industry. The Task Force was responsible
for developing foot spa safety regulations in response
to illnesses and deaths resulting from unsafe pedicure
practices.
Mrs. Alberto is currently a member of the California
Cosmetology Instructors Association.
Audience
This course is designed for all salon and spa professionals.
Accreditation
Paragon CET is approved as a provider of continuing education by the Illinois Division of Professional
Regulation for Cosmetologists, Estheticians, and Nail
Technicians. License number 190.000510.
Designation of Credit
Paragon CET designates this continuing education
activity for 1 CE hour.
About the Sponsor
The purpose of Paragon CET is to provide challenging
curricula to assist professionals to raise their levels of
expertise while fulfilling their continuing education
requirements, thereby improving the quality of service
to their clients.
Course Objective
The purpose of this course is to supply information that
will allow salon professionals to more easily comply
with the broad spectrum of rules covered by OSHA
regulations.
Learning Objectives
Upon completion of this course, you should be able to:
1. Explain the history of Occupational Safety
and Health Administration (OSHA).
2. Describe the purpose of the Bloodborne
Pathogens Standard.
3. Discuss the impact of OSHA regulations on
employee health, including risk management
and safety issues.
4. Review hazardous materials and waste
management, including the process of
handling blood and chemical spills.
5. Identify important ergonomic and latex
allergy issues in the salon setting.
6. Discuss legal issues and employee safety.
Copyright © 2011 Paragon CET
A complete Works Cited list appears on page 8. Paragon CET • Sacramento, California
Mention of commercial products does not indicate endorsement.
Phone: 800 / 707-5644 • FAX: 916 / 878-5497
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#P601 Occupational Safety and Health Administration Regulations __________________________________
INTRODUCTION
In 1970, Congress established the Occupational
Safety and Health Administration (OSHA).
OSHA’s mission is to, “assure the safety and health
of America’s workers by setting and enforcing
standards; providing training, outreach, and education; establishing partnerships; and encouraging
continual improvement in workplace safety and
health” [1]. This mandate involves the application of standards, enforcement, and compliance
assistance that allow employers to maintain safe
and healthful workplace [1].
At one time, OSHA compliance was considered an
issue only important to and applicable for industry.
Because salons do not use heavy equipment or
have issues regarding noise levels or high-level
chemical spills, people assumed that they were safe.
Employee injuries were documented, and business
went on as usual. However, OSHA now mandates
that salons and spas have written safety compliance
plans, specific to their company and location, that
address the safety standards for their industry.
HISTORY OF OSHA
OSHA was created through the enactment of the
William Steiger Occupational Safety and Health
Act (OSH Act), was signed by President Nixon on
December 29, 1970, and became effective on April
28, 1971. OSHA creates and enforces safety and
health regulations to ensure that employees work in
environments that are free from recognized hazards.
The OSH Act created three federal agencies:
OSHA, within the Department of Labor; the
Occupational Safety and Health Review Commission; and the National Institute for Occupational
Safety and Health (NIOSH), within the Department of Health and Human Services. The OSH
Act covers only the private sector [2].
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OSHA’s duties include writing standards, inspecting workplaces for compliance with standards, and
prosecuting violations. The review commission is
responsible for resolving disputes between OSHA
and violators of the OSH Act (usually employers).
NIOSH conducts research on occupational hazards
and makes recommendations for standards [2].
OSHA is continually pushing for improved safety
in all categories of the workplace.
BLOODBORNE PATHOGENS
The purpose of the Bloodborne Pathogens Standard, published by OSHA in final form in 1991,
is to limit occupational exposure to blood, bodily
fluids, and other potentially infectious materials,
because any exposure could result in bloodborne
pathogen transmission. These standards cover all
employees who could be “reasonably anticipated
to face contact with potentially infectious materials while performing their normal job duties” [3].
Some of the most common bloodborne pathogens
include hepatitis C, HIV, and hepatitis B.
The standard requires employers to implement an
Exposure Control Plan that mandates Universal
Precautions (treating all body fluids as if infectious).
The plan stresses hand hygiene, recommends the
use of Personal Protective Equipment (PPE), sets
forth processes to minimize blood exposure and
splashing, ensures appropriate packaging of specimens, and regulates waste [3]. Under the standard,
the employer must evaluate potential for contact to
infectious materials and provide protection to any
employees that may be exposed to these materials,
including training, vaccination, and PPE.
Copies of the complete Bloodborne Pathogens
Standards can be obtained at http://www.osha.gov/
SLTC/bloodbornepathogens/standards.html or by
contacting OSHA at (800) 321-OSHA.
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__________________________________ #P601 Occupational Safety and Health Administration Regulations
RECORDING AND REPORTING
INJURIES AND ILLNESSES
In January 2002, OSHA revised the rule addressing
the recording and reporting of occupational injuries and illnesses. The goal of this revision was to
simplify the overall recordkeeping for employers,
generate more accurate information about occupational injuries, and better protect employee privacy
[4]. Any records involving bloodborne pathogen
exposure, treatment, and laboratory testing must
be retained and recorded on the OSHA 300 log.
Code 29 CFR 1904 in the Code of Federal Regulations (CFR) addresses record keeping. One of the
most confusing parts of record keeping is determining if an injury or illness is recordable based on first
aid or medical treatment. The revised standard sets
new definitions of medical treatment and first aid
to simplify recording decisions. An injury or illness
is considered work-related if an event or exposure
in the work environment caused or contributed
to the condition or significantly aggravated a preexisting condition. All reportable injuries must be
reported on the OSHA 300 log, OSHA form 301,
or an equivalent form.
Complete and in-depth information on recordable
and reportable injuries and illnesses may be found
by visiting http://www.osha.gov. An abbreviated
version may also be found on the Lab Safety Supply
website at http://www.labsafety.com/refinfo/ezfacts/
ezf183.htm [4].
SAFETY/RISK MANAGEMENT
All employee injuries and illnesses must be assessed
with regard to safety and the possibility that a safe
workplace has somehow been compromised. When
evaluating any employee injury, the safety issues
that might affect the outcome, such as chemical
exposure, glove use, ergonomics, and even air quality issues, should be examined to make certain no
overall safety issues exist. Any safety issues should
be documented and reported to prove that the
Paragon CET • Sacramento, California
issues have been addressed and that no hazards
are being neglected. Avoiding the perception
that OSHA regulations are being ignored can be
accomplished by careful documentation.
ROLE OF MANAGEMENT
The management staff of any salon or like facility is the first line of defense. They will know the
employees, what has to be done, and that their
example will be emulated. A concerned attitude,
use of necessary protective equipment, and safe
work habits by supervisory and management staff
will encourage employee participation [5].
A supervisor is generally the first one on the scene
after an incident is reported and will be the one to
do the initial investigation. This supervisor’s commitment to safety and accident prevention is a key
factor whether the incident involves an employee
or patient injury. Supervisors will also be the first to
spot and prevent unsafe lifting, failure to wear PPE,
and disregard for safety information. The time to
correct these lapses is at the time the lapse occurs.
Consistency, fair play, and discipline, when necessary, are fundamental aspects of employee safety.
Controlling Costs
A commitment by supervisor and managerial staff
to control costs is another factor in a successful
program. Commitment must be not only to direct
cost reduction, such as medical and compensation,
but also in indirect cost reduction, such as new
employee training, equipment down time, and
accident investigation time by the supervisor [5].
WORKERS’ COMPENSATION
One of the factors that will complicate any
employee injury is workers’ compensation. Each
state has its own set of laws; however, prompt
reporting of treated injuries and an accurate OSHA
accident log will help to lessen any conflicts.
Employees must understand that prompt reporting of work-related injuries will lead to effective
treatment and lower overall costs to the facility.
The salon manager should also be familiar with the
workers’ compensation laws in their own state. It is
wise to have the handbook available for reference.
Phone: 800 / 707-5644 • FAX: 916 / 878-5497
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#P601 Occupational Safety and Health Administration Regulations __________________________________
VIOLENCE IN THE WORKPLACE
Violence in the workplace is an issue that is
increasingly coming to public attention. OSHA
reported that 792 workers were fatally injured
by assault and/or violent attack in the workplace
in 2005 [12]. In addition, an estimated 1 million
workers—18,000 per week—are victims of nonfatal workplace assaults each year [6].
When evaluating an organization as a safe workplace, employee education and documentation
of that education is essential. OSHA’s quest is to
provide a safe workplace for all employees. An
Employee Health Risk Management Program that
is organized well can assist a facility in meeting
OSHA requirements with ease.
MATERIAL SAFETY DATA SHEETS
(MSDS) AND HAZARDOUS WASTE
The Hazard Communication Standard, also known
as the Right-to-Know Law, is referenced by Code
29 CFR 1910.1200 [7]. The purpose of the standard
is to ensure that chemical hazards in the workplace
are identified and evaluated and that information
concerning these hazards is communicated to
employers and employees.
Cosmetologists may be exposed to high concentrations of several chemical compounds that are used
in products for hair, facial, skin, nail, and body
treatments. Products may contain any of several
volatile organic compounds (VOCs), methacrylates, phthalates, and formaldehyde. The Hazard
Communication Standard seeks to inform employees about hazards from workplace chemicals and
ways that employees can monitor their exposure
to hazardous chemicals and protect their health.
This transfer of information is to be accomplished
by means of a comprehensive hazard communication program, which includes container labeling
and other forms of warning [8; 9].
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Paragon CET • October 2, 2012
The standard is comprised of several major categories: hazard determination, Material Safety
Data Sheets (MSDS) that list exposure dangers,
employee training, the written program, and trade
secrets. OSHA requires that the workplace evaluate chemicals, label them, maintain MSDS, train
the employees with documentation, and have a
written hazard communication program. In addition, the U.S. Food and Drug Administration
requires that ingredient of cosmetics and beauty
products, including permanent hair solutions and
tints, appear on the labels.
One way to determine if a chemical is hazardous is
by consulting one of the following lists [3]:
• OSHA Regulated Substances
(29 CFR 1910.120)
• American Conference of Governmental
Industrial Hygienists
• National Toxicology Program Annual
Report on Carcinogens
• International Agency for Research
on Cancer Monographs
If a chemical is encountered that is not found in
one of these lists, it is the responsibility of the
employer to search other scientific literature to
determine if the chemical is hazardous. Every
chemical in the facility must have an MSDS sheet,
and the sheets must be updated on a regular basis
and readily available to employees. Training and
documentation of training must be provided and
take place at the time of initial assignment or
whenever a new, potentially dangerous chemical
is introduced into the workplace. Not only do
employees have a legal right to know about chemical hazards, but the employer must also provide
protection for the employees, eye wash stations,
and monitoring of exposure.
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__________________________________ #P601 Occupational Safety and Health Administration Regulations
Hazardous waste products fall under two general
categories: pathological waste and infectious waste.
Infectious waste is any waste that may contain
pathogens capable of causing an infectious disease.
Pathological waste is any human tissues, organs,
and/or body parts, other than teeth, and is generally
not found in the field of cosmetology. All pathological waste should be considered infectious waste
[3]. Hazardous waste must be disposed of properly,
as designated by state or local laws.
CHEMICAL AND BLOOD SPILLS
Part of the salon’s responsibilities for workplace
safety rests with that facility’s ability to have a plan
in place for spills of all kinds. Blood and chemical
spills, such as formaldehyde or any other harmful
chemical (e.g., chemicals found in hair, nail, and
skin products), both contain the potential for
employee injury. Salon professionals must take
precautions for chemical spills, regardless of how
minor. Spill kits for both chemical and blood spills
should be placed strategically around the facility.
All personnel must be trained in the use of the spill
kits, and training must be documented. Policies
should be in place that cover spill cleanup, protective equipment, handling solid or liquid spills,
and the storage and handling of any chemicals [3].
ERGONOMICS
Ergonomics is defined as the science of designing
the workplace to accommodate the worker. When
establishing an ergonomics program, breaking
down the program into four main components
makes the program more valuable:
•
•
•
•
Worksite analysis
Hazard prevention and control
Medical management
Training and education
Paragon CET • Sacramento, California
Although no standards exist to universally regulate ergonomics in the salon industry, OSHA has
established a protocol for developing industry and
task-specific ergonomic guidelines, which can be
found on OSHA’s website, at http://www.osha.gov
[10]. This protocol was created to “establish a fair
and transparent process for developing industry
and task specific guidelines that will assist employers and employees in recognizing and controlling
potential ergonomic hazards” [10]. As of 2008, no
specific ergonomic standards had been established
for salon professionals. However, it is possible that
OSHA will publish a standard in the future.
Special attention should be paid to maintain
ergonomically correct posture and ergonomically
friendly work areas and to reduce wear and tear
caused by repetition and incorrect tool handling.
LATEX ALLERGY AND
GLOVE MANAGEMENT
When evaluating the overall safety plan for the
salon and compliance with the employee safety
regulations that address PPE, latex allergy can be
an important factor. An employer must provide
safety equipment as an effective barrier to hazardous materials that can be worn by the employee
without causing discomfort or adverse effects. Some
populations with high risk of developing a latex
allergy include those with a history of allergies and
anyone who frequently comes in contact with latex
products. Because of the use of hazardous chemicals
in salon professions, there is a high potential of
the use disposable gloves, including latex gloves;
therefore, there is a high potential for latex allergy.
Changing to a non-latex glove to eliminate reactions may not work. Some non-latex gloves may
still contain chemical sensitizers. Gloves labeled
hypoallergenic do not necessarily eliminate allergic
reactions. The use of hypoallergenic gloves may
minimize the likelihood of an allergic reaction but
will not eliminate the possibility of a reaction. As
the employer is responsible to provide gloves that
can be worn safely, all measures must be taken
Phone: 800 / 707-5644 • FAX: 916 / 878-5497
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#P601 Occupational Safety and Health Administration Regulations __________________________________
to find the kind of glove that can be worn safely
by the employee without exposing them to the
external hazards of harmful material or the internal
hazards of a reaction to the equipment providing
protection.
TRAINING AND EDUCATION
Throughout the OSHA standards, employee training and education are paramount. The standards
themselves are very specific about the training and
education of employees. The following items must
be considered:
• Designation of a person responsible
for conducting training
• A specific format for the training program
• Elements of the training program
• Procedures to train new employees
at the time of their initial assignment
When OSHA visits a facility, they expect the
facility to be able to produce a written program
addressing all of the safety aspects, including fire
safety, hazard communication, disaster plans, and
many other areas. In addition, they will expect to
see proof of education, such as lesson plans, inservice dates, sign-in sheets, and education evaluation. The Bloodborne Pathogens Standard requires
employee education to happen immediately upon
hire. Documentation must reflect this.
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LEGAL ISSUES
In today’s litigious society, any facility is at risk for
lawsuits. If an employee is injured on the job and
that employee is able to show that a lack of safety
equipment or training or unsafe conditions caused
the injury, the facility is at risk for litigation. Lack
of proper treatment of the injury and continuing
unsafe conditions would also be factors.
If a lawyer investigates an incident, he or she will
expect to examine the multitude of documentation available, including incident reports, medical
records that include treatment of the employee,
and training and education records. Safety conditions that could have caused the injury, any
perceived unsafe conditions that exist, the safety
committee minutes that show how the facility has
addressed the condition, and further actions to
correct the condition will also be reviewed.
Knowing what the standards prescribe for the
facility and carrying out proper documentation
for all programs, whether evaluating written plans,
the education program, or follow-up of existing
conditions, will be the best protection possible.
The standards should be read carefully, and training seminars and any other resources available to
help keep the facility in compliance should be
considered.
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__________________________________ #P601 Occupational Safety and Health Administration Regulations
SURVEYS, COMPLIANCE,
AND DOCUMENTATION
CONSULTATION
OSHA requires that every employer furnish
employees with employment and a place of employment that are free from recognized hazards that
cause or are likely to cause death or serious physical
harm. To avoid citations, employers must comply
with standards. This can be done by an internal
safety staff or by an outside private consultant. Free
consultations are available to small businesses with
no more than 250 employees at one site and no
more than 500 employees total at all sites.
Requests for assistance may be done in person,
over the phone, or in writing. The consultation
will include an opening conference and an inspection to examine building structure, air and noise
monitoring, PPE, job training, the current safety
and health programs, and current injury and illness
records as well as the communication procedures
for safety policies and procedures [11].
RESOURCES
Read and understand the regulations and take
advantage of all the resources available. The most
important resource is the 29 CFR 1910, General
Industry Standards. There are also many free
resources, such as the free OSHA consultations.
Access the provided websites for more information and updated standards. Keep informed about
changes in regulations or standards.
Centers for Disease Control and Prevention
http://www.cdc.gov
(800) CDC-INFO or (800) 311-3435
NIOSH Information Line
http://www.cdc.gov/niosh
(800) 356-4674
OSHA
http://www.osha.gov
(800) 321-OSHA
RECORDS REVIEW
A records review is an examination of the injury
and illness records to determine whether there will
be a comprehensive inspection of the workplace.
The compliance officer reviews the OSHA 300
log and employment data in order to calculate
the lost-time injury rate. This figure is compared
to the national average, and if the facility rate is
lower, the officer may not conduct a comprehensive
safety inspection. A short tour may be conducted
to determine compliance with the hazard communication standard and to ensure the presence
of an effective safety and health management
program [3].
Paragon CET • Sacramento, California
Phone: 800 / 707-5644 • FAX: 916 / 878-5497
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#P601 Occupational Safety and Health Administration Regulations __________________________________
Works Cited
1. United States Department of Labor. Answers.USA.Gov. Available at http://answers.usa.gov/system/selfservice.controller?CONFIG
URATION=1000&PARTITION_ID=1&CMD=VIEW_ARTICLE&ARTICLE_ID=12232&USERTYPE=1&LANGUAGE=
en&COUNTRY=US. Last accessed October 25, 2011.
2. Lurie P. Long M, Wolfe SM. Reinventing OSHA: Dangerous Reductions in Enforcement During the Clinton Administration.
Available at http://www.citizen.org/publications/publicationredirect.cfm?ID=6693. Last accessed October 25, 2011.
3. Health Career Learning Systems, Inc. OSHA Compliance Program. Livonia, MI: Health Career Learning Systems, Inc.; 1995.
4. Lab Safety Supply. OSHA Reporting Requirements. EZ Facts Document 183. Available at http://www.labsafety.com/refinfo/
ezfacts/ezf183.htm. Last accessed October 25, 2011.
5. Sentry Loss Control. Healthcare Group Accident Investigation Training. Sentry; 1994.
6. Centers for Disease Control and Prevention and National Institute for Occupational Safety and Health. Violence in the
Workplace. Easylink Document 705003. June 1997.
7. Lab Safety. The Hazard Communication (Right-to-Know) Standard 29 CFR 1910.1200. EZ Facts Document 150.
Available at http://www.labsafety.com/refinfo/ezfacts/ezf150.htm. Last accessed October 25, 2011.
8. Tsigonia A, Lagoudi A, Chandrinou S, Linos A, Evlogias N, Alexopoulos EC. Indoor air in beauty salons and occupational
health exposure of cosmetologists to chemical substances. Int J Environ Res Public Health. 2010;7(1):314-324.
9. Oregon OSHA. Fact Sheet: Safety and Health Hazards in Nail Salons. Available at http://www.orosha.org/pdf/pubs/fact_sheets/
fs28.pdf. Last accessed October 25, 2011.
10. United States Department of Labor, Occupational Safety and Health Administration. OSHA Protocol for Developing Industry
and Task-Specific Ergonomic Guidelines. 2004. Available at http://www.osha.gov/SLTC/ergonomics/guidelines_protocol.html.
Last accessed October 25, 2011.
11. Lab Safety. OSHA Consultation. EZ Facts Document 185. Available at http://www.labsafety.com/refinfo/ezfacts/ezf185.htm.
Last accessed October 25, 2011.
12. United States Department of Labor, Bureau of Labor Statistics. Fatal Occupational Injuries by Event or Exposure, 2001–2006.
Available at http://www.bls.gov/news.release/cfoi.t01.htm. Last accessed October 25, 2011.
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