BILL ANALYSIS Ó
AB 2125
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Date of Hearing: March 29, 2016
ASSEMBLY COMMITTEE ON HEALTH
Jim Wood, Chair
AB 2125
(Chiu) - As Introduced February 17, 2016
SUBJECT: Healthy Nail Salon Recognition Program.
SUMMARY: Requires the California Department of Public Health
(DPH) to develop and publish guidelines for local governments to
implement local healthy nail salon recognition (HNSR) programs
with specified criteria, including the use of less toxic nail
polishes and polish removers and improved ventilation. Requires
DPH to develop awareness campaigns, model ordinances for local
governments, and post specified information on its Internet
Website. Specifically, this bill:
1)Requires DPH to create guidelines for cities, counties, and
cities and counties to implement local HNSR programs.
Specifies that HNSR program qualifications including, but not
limited to:
a) Prohibiting the use of nail polish, nail polish
removers, and nail polish thinners containing specified
chemicals;
b) Requiring that salon staff wear nitrile gloves when
using nail products;
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c) Requiring proper ventilation in the salon, and having
designated, ventilated areas for artificial nail services;
d) Requiring all salon staff to be trained in the HNSR
program criteria;
e) Requiring the salon to make a commitment to adopting
safer nail products; and,
f) Prohibiting customers from bringing in products unless
the products meet the program criteria.
2)Requires DPH to promote the HNSR program by doing all of the
following:
a) Solicit and support voluntary implementation of HNSR
programs through awareness campaigns directed at nail salon
business owners and local governments;
b) Develop and implement a consumer education program to
promote awareness about HNSR programs;
c) Develop and adopt one or more models for an HNSR program
or ordinance that local governments may adopt and implement
to reduce chemical exposure and improve the health and
safety of consumers and workforce members at nail salons;
d) Consult with representatives of local agencies with
existing HNSR programs, personnel of private nonprofit
entities who have experience and skills in implementing
HNSR programs, and members of affected communities, among
others, throughout the development of the model program or
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ordinance;
e) Develop and either distribute or post on its Internet
Website information for local entities, including, but not
limited to, suggestions for successful implementation of
HNSR programs and resource lists that include names and
contact information of vendors, consultants, or providers
of financial assistance or loans for purchases of
ventilation equipment; and,
f) Develop an Internet Website or a section on DPH's
Internet Website that links to local HNSR programs, and
recognized salons.
3)Encourages local jurisdictions that implement a local HNSR
program to do all of the following:
a) Coordinate with other local HNSR programs to assist
businesses with achieving and moving beyond regulatory
compliance;
b) Encourage businesses to implement strategies to reduce
toxic exposures to chemicals in nail salon products,
improve ventilation strategies, and achieve greater
understanding of products and their impacts on health;
c) Promote improved community health outcomes, economic
vitality, and sustainable business approaches;
d) Provide small businesses with a level and quality of
consultation on environmentally preferable business
practices to which small businesses otherwise may have
limited access;
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e) Require a training element for owners and staff to
ensure thorough knowledge of safe and environmentally
friendly procedures; and,
f) Provide an approved seal or certificate upon meeting all
requirements to be hung in full public view in the
business.
EXISTING LAW:
1)Establishes DPH, which oversees various public health programs
that optimize the health and well-being of the people of
California, including protecting the public from unhealthy and
unsafe environments.
2)Authorizes DPH to establish the Occupational Health Branch as
a program devoted to improving worker health and safety
through prevention activities.
3)Establishes the California Safe Cosmetics Act of 2005, which
requires that manufacturers provide DPH with a list of any
ingredients in their products which are "known to cause cancer
or reproductive toxicity."
4)Establishes the Department of Industrial Relations to protect
and improve health, safety, and economic well-being of workers
in California, including programs to administer and enforce
workplace health and safety under the Division of Occupational
Safety and Health (Cal/OSHA)
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5)Establishes the Barbering and Cosmetology Act under the Board
of Barbering and Cosmetology (BBC)
FISCAL EFFECT: This bill has not yet been analyzed by a fiscal
committee.
COMMENTS:
1)PURPOSE OF THIS BILL. According to the author, voluntary
local HNSR programs across the state have begun to create
safer and healthier nail salon communities. The author states
that this bill will expand these programs and help incentivize
nail salons to choose healthier alternatives to dangerous
chemicals through recognition, education and outreach. In
return, the author states that nail salons will gain more
customers and a happier, healthier workforce. The author
asserts that currently, the spread of these programs to
immigrant women worker population has rested on the shoulders
of small non-profit organizations. Education and outreach by
the DPH will significantly improve local governments'
awareness of these important programs that address immigrant
community vitality, environmental justice, and women and
workers' health. Additionally, a well-organized consumer
awareness campaign across California is needed to help raise
the health and safety standards through consumer knowledge and
pressure.
2)BACKGROUND. According to the Department of Toxic Substance
Control (DTSC), nail products containing the "toxic-trio" of
the chemicals, which are dibutyl phthalate (DBP), toluene, and
formaldehyde, pose health and safety risks to both consumers
and roughly 121,000 nail salon technicians in more than 48,000
salons throughout California. These chemicals have been the
subject of ongoing public scrutiny from non-government
organizations, environmental and worker rights groups, and
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various regulatory agencies over concerns about nail product
safety. Exposure to toxic-trio chemicals is associated with
cancer, birth defects, asthma, and other chronic health
conditions. In 2011, out of concern for the accuracy of nail
product labeling, DTSC sampled 25 nail products purchased in
the San Francisco Bay Area. The report "Summary of Data and
Finding from Testing of a Limited Number of Nail Products"
published in April 2012, found that 10 of 12 products with
"toluene-free" claims did, in fact, contain toluene. The
study also found that five of the seven "three-free" product
(those claiming to lack DBP, toluene, and formaldehyde) claims
could not be substantiated. Chemicals were also detected
whose purpose, property, human toxicity, and environmental
fate are unknown to DTSC.
3)REGULATORY AUTHORITY. Several agencies are pivotal to
achieving health and safety in nail salons. The California
Safe Cosmetics Program within DPH collects information from
manufacturers regarding ingredients known or suspected to
cause cancer, birth defects, or other reproductive harm, as
required by the California Safe Cosmetics Act, and makes the
data available to the public. Protecting workers from safety
hazards at the workplace is the jurisdiction of the Cal/OSHA.
The Office of Environmental Health Hazard Assessment (OEHHA)
with the California Environmental Protection Agency (Cal/EPA)
assesses health risks to the public. The BBC is responsible
for protecting and educating consumers who seek barbering,
cosmetology, and electrology services. BBC also regulates the
individuals who provide these services and the salons in which
the services are performed.
4)Informational hearing. On August 26, 2015, the Legislature
held an informational hearing on the "Labor Practices, Health,
and Safety in California Nail Salons." The hearing was
jointly hosted by the Assembly Select Committee on Women in
the Workplace, the Assembly Select Committee on Girls and
Women of Color, and the Assembly Committees on Health,
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Business and Professions, and Labor. The purpose of the
hearing was to obtain information, address concerns, and
discuss policy recommendations regarding nail salon practices
from state agencies, advocates, and industry. Among many
other recommendations, one of the policy recommendations
discussed by panelists was the statewide expansion of
voluntary recognition and incentive-based programs that
recognize nail salons that implement healthy practices for
workers and consumers was discussed.
5)HEALTHY NAIL SALON RECOGNITION PROGRAMS. In 2010, San
Francisco became the first city in the country to create a
formal voluntary recognition program for salons which do not
use products containing specific toxic chemicals. Created by
a City ordinance, the voluntary HNSR Program is administered
by the San Francisco Department of the Environment. Since
2010, Alameda, San Mateo, and Santa Clara counties and the
city of Santa Monica have adopted and are implementing
voluntary recognition programs that encourage salons to use
less toxic nail polishes and other products. Nail salons are
also required to improve ventilation and participate in
trainings on best safety and health practices. Salons that
meet the program criteria are given recognition with a
certificate, window sticker, or poster, and/or by being listed
as a healthier nail salon on a local government's Website.
According to the California Healthy Nail Salon Collaborative
(CHNSC), co-sponsor of this bill, nail salon owners report
that being a healthy nail salon is better for their health and
good for business too. In a survey conducted by CHNSC and
Asian Health Services (AHS), the large majority of recognized
salons said that by participating in the program, their
employees are healthier. Most also reported that their
revenues increased, and that the safety and health trainings
were effective.
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Currently, an established working group, comprising the above
counties and city as well as worker health groups, meets
regularly and shares information and resources. Standardized
Healthy Nail Salon Program materials are established,
translated and used by all participating counties, reducing
start up and operating costs for each local government program
interested in implementing an HNSR program.
6)SUPPORT. The California Healthy Nail Salon Collaborative,
cosponsor of the bill, asserts that this bill will lead to
nail salons voluntarily choosing less toxic products and
practices, benefitting the overall health of the nail salon
industry, including its workforce and consumers. AHS,
cosponsor of the bill, writes that a significant number of the
patients in their clinics are nail salon workers. AHS states
that this bill is critical for protecting the health of this
workforce and the sustainability of an industry that serves as
the economic cornerstone to so many Asian immigrants. The
California Labor Federation writes in support that each day,
nail salon workers handle products identified as carcinogens
by leading international research organizations, and that
these chemicals have been clinically proven to cause
respiratory, neurological, and reproductive harm.
7)PREVIOUS LEGISLATION.
a) AB 2689 (Tran) of 2007, would have established the
Vietnamese Nail Worker Information Act, requiring
manufacturers and certain other persons that sell or use
professional use-only nail care products to prepare,
translate and provide material safety data sheets in the
Vietnamese language to purchasers of the products as well
as licensed professional nail care employees upon request.
AB 2689 was held on suspense in the Assembly Committee on
Appropriations.
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b) SB 484 (Migden), Chapter 729, Statutes of 2005,
establishes the California Safe Cosmetics Act of 2005,
which requires cosmetic manufacturers to disclose to DPH a
list of their products' chemical ingredients that cause
cancer or reproductive harm.
8)DOUBLE REFERRAL. This bill is double referred; upon passage
in this committee, this bill will be referred to the Assembly
Committee on Environmental Safety and Toxic Materials.
9)POLICY COMMENTS.
a) Collaboration with other Agencies. There are several
agencies within California that work on issues pivotal in
achieving health and safety in nail salons. Along with
DPH, Cal/OSHA administers and enforces workplace safety
standards. OEHHA, within Cal/EPA, assesses health risks of
chemicals to the public. The Safer Consumer Products
program within the Department of Toxic Substance Control
works to reduce toxic chemicals in products that consumers
buy and use. The BBC is responsible for ensuring the
health and safety of consumers by promoting ethical
standards and by enforcing the laws of the barbering and
beauty industry. The author may wish to consider whether
DPH should consult with some or all of these other agencies
when developing guidelines and best practices for HNSR
programs.
b) Avoiding Regrettable Substitutions. Single chemical
bans often result in companies replacing one harmful
chemical with another, less-studied but also harmful
chemical. In response to consumer demand, the nail
industry has voluntarily begun to remove some specific
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toxic chemicals of interest, the science regarding harmful
toxics and carcinogens is rapidly changing. The federal
government and state of California scientifically establish
and maintain lists of chemicals known to have harmful
properties for the population, such as the list of list of
chemicals known to the State to cause cancer or
reproductive toxicity established by the Safe Drinking
Water and Toxic Enforcement Act of 1986 (Proposition 65).
The Committee may wish to consider whether this bill should
reference existing authoritative lists of chemicals,
instead of naming only specific chemicals which may be
outdated or replaced in the near future.
10)SUGGESTED AMENDMENTS. To further clarify the intent of the
author, Committee staff recommends the following amendments:
a) Timeframe. To ensure timely implementation, the author
may wish to include a timeframe for DPH to develop the HNSR
program guidelines.
b) Additional Guidelines. The author may wish to give DPH
the authority to include additional guidelines or best
practices that further the goals of the HNSR program.
c) Outreach Prioritization. The author may wish to
authorize DPH to prioritize outreach to counties with the
greatest number of nail salons and that have the highest
pollution burdens and vulnerabilities as determined by
California EnviroScreen.
d) HNSR Program Implementation. Move section 108961 of the
bill which encourages cities and counties to perform
specified activities in implementing the HNSR Program and
include those provisions in the subsection requiring DPH to
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promote the HNSR program.
REGISTERED SUPPORT / OPPOSITION:
Support
Asian Health Services (cosponsor)
California Healthy Nail Salon Collaborative (cosponsor)
ACT for Women and Girls
Alameda County Department of Environmental Health
American Lung Association
American Sustainable Business Council
Asian & Pacific Islander American Health Forum
Asian Americans Advancing Justice - Asian Law Caucus
Asian Americans Advancing Justice - Los Angeles
Asian Immigrant Women Advocates
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Asian Pacific Environmental Network
Association of Asian Pacific Community Health Organizations
Black Women for Wellness
Breast Cancer Action
Breast Cancer Fund
California Immigrant Policy Center
California Labor Federation
California Pan-Ethnic Health Network
Center for Environmental Health
Center on Race, Poverty & the Environment
City of Los Angeles, Office of the Mayor Eric Garcetti
CHANGE Coalition
Clean Water Action California
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Coalition for Clean Air
Community Action Marin
Community Health Partnership
Environmental Working Group
Immigrant Resettlement and Cultural Center
Mexican American Legal Defense and Education Fund
National Council of Jewish Women - California
National Employment Law Project
Natural Resources Defense Council
OCA - Asian Pacific American Advocates: East Bay Chapter
Orange County Asian and Pacific Islander Community Alliance
Physicians for Social Responsibility - San Francisco Bay Area
Chapter
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Physicians for Social Responsibility - Los Angeles
The Women's Foundation of California
UCLA Labor Occupational Safety and Health Program
Vietnamese American Community Center of the East Bay
Women's Voices for the Earth
Worksafe
Opposition
None on file.
Analysis Prepared by:Dharia McGrew / HEALTH / (916) 319-2097
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