the employment status of their workers to bypass taking protective safety and health measures and also to deny benefits. That is why it is important for you to know the The Environmental Protection Agency (EPA) The EPA provides several resources that help protect employees and clients in cosmetology services. One important resource is the registration of disinfectants that can be used to destroy a variety of microorganisms found in the cosmetology workplace. The products will not be EPA registered unless their efficacy data has been confirmed and the label information has been verified. These chemicals will receive an EPA registration number so they can be easily identified. The Center for Disease Control and Prevention This agency is part of the U.S. Department of Health and Human Services and provides a wealth of information to ensure health equity in the workplace as well as home and community. General guidance and information specific to hair and nail salons can be found on their websites at CDC. Food and Drug Administration (FDA) The FDA does approval and regulation for many hair and nail products that fall under the heading of cosmetics. The following information is summarized from the FDA website and provides examples of the relationship between the federal Food Drug and Cosmetic Act (FD&C Act) and cosmetology services (FDA, 2022a). The law does not require cosmetic products and ingredients, other than additives, to have FDA approval before they go on the market, but there are laws and regulations that apply to cosmetics on the market in interstate commerce. The FD&C Act defines cosmetics by their intended use as “articles intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body . . . for cleansing, beautifying, promoting attractiveness, or altering the appearance” (FD&C Act, sec. 201(i)). Among the products included in this definition are skin moisturizers, perfumes, lipsticks, fingernail polishes, eye and facial makeup, cleansing shampoos, permanent waves, hair colors, and deodorants, as well as any substance intended for use as a component of a cosmetic product. The FD&C Act prohibits the marketing of adulterated or misbranded cosmetics in interstate commerce. “Adulteration refers to violations involving product composition—whether they result from ingredients, contaminants, processing, packaging, or shipping and handling. Under the FD&C Act, a cosmetic is adulterated if: ● “It bears or contains any poisonous or deleterious substance which may render it injurious to users under the conditions of use prescribed in the labeling thereof, or under conditions of use as are customary and usual” (with an exception made for coal-tar hair dyes). ● “It consists in whole or in part of any filthy, putrid, or decomposed substance. ● “It has been prepared, packed, or held under insanitary conditions whereby it may have become contaminated with filth, or whereby it may have been rendered injurious to health.
difference between what constitutes an employee and an independent contractor. If you need help, you can contact OSHA at 1-800-321-OSHA (6742).
The EPA registered chemicals are organized on lists titled with alphabet letters A–P. For example, list A is used for sterilization, lists chemicals, brand names, and companies that manufacture and distribute these products (EPA, 2022). These lists are important to document the efficacy of chemicals and staff, and clients have the right to view this information about chemicals used for cleaning, disinfection, and sterilization. It is important to select the appropriate product because not all EPA-registered disinfectants meet the OSHA standards for eradication of bloodborne pathogens. gov. Topics include infection control, ventilation, hazardous chemicals, disease transmission, disinfecting the workplace, personal hygiene, protective equipment, and universal and standard precautions to protect workers. These CDC topics and precautions will be covered in Chapters 2 and 3. ● “Its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health”; or except for coal-tar hair dyes, “it is, or it bears or contains, a color additive which is unsafe within the meaning of section 721(a)” of the FD&C Act. “Misbranding refers to violations involving improperly labeled or deceptively packaged products. Under the FD&C Act, a cosmetic is misbranded if: ● “Its labeling is false or misleading in any particular.” ● Its label does not include all required information. (An exemption may apply to cosmetics that are to be processed, labeled, or repacked at an establishment other than where they were originally processed or packed. ● The required information is not adequately prominent and conspicuous. ● “Its container is so made, formed, or filled as to be misleading.” ● It is a color additive, other than a hair dye, that does not conform to applicable regulations issued under section 721 of the FD&C Act; or ● “Its packaging or labeling is in violation of an applicable regulation issued pursuant to section 3 or 4 of the Poison Prevention Packaging Act of 1970.” (FD&C Act, sec. 602) Under the FD&C Act, a product also may be misbranded due to failure to provide material facts. This means, for example, any directions for safe use and warning statements needed to ensure a product's safe use. Note that under the FD&C Act, the term “misbranding” applies to: ● False or misleading information, ● Lack of required information, ● Conspicuousness and readability of required information, ● Misleading packaging, ● Improper packaging and labeling of color additives, and ● Deficiencies where the Poison Prevention Packaging Act requires special packaging.
Book Code: COH0326A
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