New legislation puts teeth into beauty salon regulation

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.
Nail 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 Spa 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 law allows 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.
Violations are common, officials said.
“Very rarely do we find nothing,” the state’s Jacobs said.
All metal tools and foot spas must be washed with soap, water and disinfecting liquid and soaked in Environmental Protection Agency-approved disinfectant and water for at least 10 minutes after each customer. At the end of the day, foot spa jet covers must be removed and thoroughly scrubbed.
Nippers, clippers, hair brushes and other reusable tools must come out of a drawer labeled “clean,” and after treatment, be stowed in a separate drawer marked “soiled.”
Buffers, nail files and any other nonmetal tools must be thrown away after one use. Logs must be kept detailing each foot spa cleaning.
At Blooming Nail & Spa at 1106 Grant Ave. in Novato, manager Jenny Nguyen, a native of Saigon (now Ho Chi Minh City), said her customers are happy to wait for a pedicure foot spa station to complete the sanitizing and drying process.
“It’s very hard work but you have to protect customers,” said Nguyen of the endless scrubbing, washing, sanitizing and drying. “You have to do everything.
“They feel safe,” she said of customers. “They like it that way.”
At Ross Nail Spa, manager Long Ho, also from Saigon, said the state surprised her staff last year and went so far as to stick a camera inside the foot spa jets’ piping.
For added safety, customers are invited to purchase their own complete nail tool sets. The tools, along with the customer’s preferred polish, is stored at the shop in plastic boxes labeled with the client’s last name, a customer number and telephone number.
San Anselmo resident Lili Fader owns box No. 190. The 19-year-old College of Marin student said owning the tools is crucial.
“You own your own filing board and cuticle cutter, so you don’t share tools with other customers,” she said. “If someone else is sick or has some weird foot thing, I don’t want that.”
Customers can protect themselves simply by being observant, state officials said. Upon entering a shop, take a good long look around, regulators advised.
How to Stay Safe at the Nail Spa
“If the shop looks dirty or cluttered, they should just turn around and walk away,” the state’s Jacobs said. “That’s usually an indication the rest of the shop is dirty.”
WHAT CUSTOMERS SHOULD LOOK OUT FOR
When visiting a salon, customers should be aware of the following:
- The salon’s license and state board’s health and safety poster should be posted in the reception area and the nail technician’s license should be posted at the work station.
- The salon should be adequately ventilated.
- All tools should be thoroughly washed and disinfected after every use.
- Soiled instruments must be stored separately from clean instruments.
- Instruments and supplies that cannot be disinfected should be thrown away.
- Drill bits should be cleaned after each use.
- Foot spas must be cleaned and disinfected after each use.
- When getting a pedicure, don’t shave or wax legs 24 hours beforehand.
- Don’t get a pedicure if you have broken skin or lesions.
- Consult a doctor before getting a pedicure if you have a weakened immune system.
(State Board of Barbering and Cosmetology)
NAIL SALONS BY THE NUMBERS
Nail salons by the numbers, 2006-2007:
Number of licensed salons in Marin: 376
Number of licensed salons in California: 37,000
Total number of inspectors statewide: 17
Total number of inspections in Marin: 106
Number of citations issued in Marin: 65
Number of licensed manicurists and cosmetologists statewide: 290,000
Sources: California State Board of Barbering and Cosmetology; office of state Sen. Leland Yee.
CITATION STANDARDS AT A GLANCE
Nail salons may be cited under AB 409 if certain sanitary conditions are not met, such as if the shop’s pedicure foot spas, basins or tubs are not clean or if debris is found upon the removal of screens. Officials also must determine if the cleaning material for disinfecting manicure/pedicure equipment is adequate; if there are pedicure cleaning logs; if there is a history of health violations; and if equipment is clean, according to the state Department of Consumer Affairs.
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