Rule 4713-8-08: Standards Relating to Competent Practice as a Barber. (D) Barbers shall not provide any service that claims to have a medical or healing benefit. The scope of practice is limited to cosmetic, relaxation, and non- invasive services only. The term “therapy” shall only be used for services described in paragraph (PP) of rule 4713-1-01. (E) Barber shall not provide a service on any area of the body other than the head, face, and neck. (F) Barbers may exfoliate stratum corneum cells only. With proper training, barbers may use any chemical, mechanical, or electrical service to exfoliate cells of the stratum corneum on the head, face, or neck. (G) Barbers may use a sterile, single-use, disposable lancet to enhance the opening in a comedo or to create a small opening in the dead surface corneum to facilitate extraction of a milia. Barbers shall not pierce the stratum corneum or use a lancet for any other purpose. Barbers shall not perform a comedo enhancement or milia extraction with a lancet unless they have had specific, documented training for the procedure. Used lancets shall be immediately disposed of in a sharp’s disposal container. (H) Licensees using a device, equipment, chemical,
pH value not less than three, unless all the following conditions are met: (1) The chemical peel preparation is a commercially available product approved for use by barbers. (2) The licensee can provide documentation from the manufacturer that the specific product does not penetrate below the stratum corneum when used as directed. (3) The licensee can provide documentation of training and/or certification in the use of the product. (4) The licensee follows all manufacturer's directions in the use of the chemical peel preparation; and (5) The preparation is stored according to the manufacturer's specifications and is discarded after its expiration date. (K) Barbers shall not provide services using any device
that produces or amplifies electromagnetic radiation at wavelengths equal to or greater than one hundred eighty nanometers. Barbers shall not provide services that ablate, damage, or alter any living cells. This includes, but is not limited to, cryosculpting/coolsculpting, removal of skin tags, moles, or angiomas, microneedling, and plasma/fibroblast skin tightening.
(L)
or a product shall comply with the manufacturers' directions when using the device, equipment, chemical, or product. Barbers working under the direct supervision of a licensed physician shall provide only services within their scope of practice as set forth in Chapter 4709. Chemical peels performed by a barber shall be mixed and used at an ingredient concentration of thirty per cent solution or less at final formulation with a
Section 4709.02: Prohibited Practices. Barbers. (H) Being a barber, knowingly continue the practice of barbering, or being a student, knowingly continue as a student in any barber school, while such person has an infectious, contagious, or communicable disease.
(I)
Rule 4713-8-12: Cosmetic Therapy. A person who practices cosmetic therapy, as defined in section 4713.01 of the Revised Code, in a licensed salon shall follow all infection control standards. COSMETOLOGY WORKERS RIGHTS UNDER THE DEPARTMENT OF LABOR, OSHA
(J)
○ It doesn’t matter how an individual is labeled by the salon owner. Instead, courts and agencies will look at a list of factors to determine whether you are an employee or independent contractor. ○ For example, if you: rent a station at a salon; purchase your own supplies and tools; have your own customers and set your own schedule and appointments; set your own rate and are paid by customers directly; and have your own business license, you may be more likely to be considered an independent contractor. ○ However, if the owner sets the work schedule; you are paid by the hour; the owner or receptionist makes the appointments for all workers; you do not rent the space; the owner sets the rates paid by customers; and you use the owner's tools and equipment, you may be more likely to be considered an employee. Why does it matter? ● Employers must provide protection against workplace hazards for their employees; independent contractors are responsible for their own occupational health and safety protection. Employees also have rights to a minimum wage, workers' compensation, and other benefits. Independent contractors do not. ● Just because a salon owner tells you that you are an independent contractor, it does not mean that you are one and, just because an owner gives you an IRS form 1099 instead of a W-2 does not mean that you are an independent contractor. Salons sometimes misclassify
All workers have the right under the law to have a safe workplace, and OSHA is the agency that oversees and regulates workplace safety. Worker’s rights include the ability to make complaints if they identify hazards in the workplace. OSHA provides the following information and resources to workers. Worker’s Rights (OSHA, 2017) Employees have the right to a safe workplace. Employers have the responsibility to provide working conditions that do not put workers at risk of serious harm. You have the right to receive training and information on job hazards and methods to prevent harm. Workers can call OSHA to ask questions, receive information or file a complaint requesting an OSHA inspection if they believe there is a serious hazard. It’s illegal for employers to retaliate against you for raising safety concerns or calling OSHA. To ask questions or get more information, go to www.osha.gov or call 1- 800-321-OSHA (6742). It’s confidential. We are here to help. Sometimes in the cosmetology industry there is confusion about OHSA safety protections extended to workers because of their status as independent contractors as opposed to employees. OSHA provides the following information and resource to clarify this issue: ● What is the difference between an Employee and an Independent Contractor for purposes of the Occupational Safety and Health Act? (OSHA, 2021):
Book Code: COH0326A
EliteLearning.com/Cosmetology
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