BILL ANALYSIS Ó
AB 2125
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Date of Hearing: April 12, 2016
ASSEMBLY COMMITTEE ON ENVIRONMENTAL SAFETY AND TOXIC MATERIALS
Luis Alejo, Chair
AB 2125
(Chiu) - As Amended April 5, 2016
SUBJECT: Healthy Nail Salon Recognition Program
SUMMARY: Requires the State Department of Public Health (DPH)
to, by January 1, 2018, publish guidelines and best practices
for cities and counties to voluntarily implement local healthy
nail salon recognition (HNSR) programs. Specifically, this
bill:
1)Makes Legislative findings about the nail service market in
California, the chemicals that are commonly found in nail
salons, and the potential health risks from exposure to these
chemicals.
2)States that it is in the interest of the people of the State
of California to take steps to ensure that nail salons are
given guidelines to operate safely for workers and consumers,
support local solutions to reduce potentially harmful chemical
exposures among customers and workers, determine the success
of the HNSR programs in reducing harmful exposures experienced
by nail salon customers and workers, and make recommendations
for program improvements, as appropriate.
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3)Requires DPH to, by January 1, 2018, publish guidelines,
including one or more model ordinances, for cities, counties,
and cities and counties to voluntarily implement local HNSR
programs.
4)Provides that HNSR guidelines, including model ordinances, may
include, but are not limited to, all of the following
qualifications:
a) The salon does not use any cosmetic product that
contains any of the following:
i) Any ingredient that is a chemical classified by the
United States Environmental Protection Agency (U.S. EPA)
as carcinogenic to humans, likely to be carcinogenic to
humans, or for which there is suggestive evidence of
carcinogenic potential, or identified by the state to
cause cancer as listed in the Safe Drinking Water and
Toxic Enforcement Act of 1986 list (Proposition 65 list)
of chemicals known to cause cancer or reproductive
toxicity;
ii) Any ingredient that is a reproductive toxicant that
causes birth defects, reproductive harm, or developmental
harm as identified by the U.S. EPA, or listed in the
Proposition 65 list of chemicals known to cause cancer or
reproductive toxicity; or,
iii) Dibutyl phthalate (DBP), formaldehyde, toluene, or
methyl ethyl ketone;
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b) The salon ensures that all nail salon staff wear nitrile
or other gloves determined to be sufficiently protective
when using nail products;
c) The salon is ventilated to improve air quality. A
specific area is designated for artificial nail services
and that area is properly ventilated with mechanical
ventilation units;
d) All salon staff, whether on payroll or on contract, and
owners are trained on safer practices delineated in the
HNSR program guidelines;
e) The salon does not allow clients to bring in outside
products for use, unless those products meet the program
criteria, as determined by salon staff;
f) The salon is in compliance with the Barbering and
Cosmetology Act; and,
g) The salon follows any other guidelines or best practices
determined by DPH to further the goals of an HNSR program.
5)Requires model ordinances to impose, but not be limited to,
all of the following requirements on a local entitiy that
adopts an HNSR program:
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i) Coordinate with other local HNSR programs to assist
businesses in achieving and moving beyond regulatory
compliance;
ii) 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;
iii) Promote improved community health outcomes, economic
vitality, and sustainable business approaches;
iv) Require a training element for owners and staff to
ensure thorough knowledge of safe and environmentally
friendly procedures;
v) Provide an approved seal or certificate upon meeting
all requirements to be hung in full public view in the
business;
vi) Establish a process by which a salon can enroll in
an HNSR program and be verified by the local entity; and,
vii) Establish the frequency at which salon compliance
will be reverified by the local entity.
6)Requires DPH, when developing the guidelines, to consult with
the Division of Occupational Safety and Health (CalOSHA),
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 ordinance;
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7)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 either distribute or post on its Internet
Web site 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,
d) Develop an Internet Web site or a section on the DPH's
Internet Web site that links to county HNSR Internet Web
sites.
8)Authorizes DPH to prioritize its outreach to those counties
that have the greatest number of nail salons and that have the
highest pollution burdens and vulnerabilities as determined by
CalEnviroScreen.
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EXISTING LAW:
1)Requires, under Proposition 65, the state to publish a list of
chemicals known to cause cancer or reproductive toxicity.
(Health and Saftey Code (HSC) § 25249.8)
2)Requires DPH to maintain a program on occupational health and
occupational disease prevention, including, but not limited
to, investigations into the causes of morbidity and mortality
from work-induced diseases; development of recommendations for
improved control of work-induced diseases; and, maintenance of
a thorough knowledge of the effects of industrial chemicals
and work practices on the health of California workers. (HSC §
105175)
3)Establishes the California Safe Cosmetics Act of 2005 to
collect information on hazardous and potentially hazardous
ingredients in cosmetic products sold in California and to
make this information available to the public. Requires, for
all cosmetic products sold in California, the manufacturer,
packer, and/or distributor named on the product label to
provide to DPH a list of all cosmetic products that contain
any ingredients known or suspected to cause cancer or
developmental or other reproductive harm. (HSC § 111791)
4)Requires, under the Green Chemistry statutes, the Department
of Toxic Substances Control (DTSC) to adopt regulations to
identify, prioritize, and evaluate chemicals of concern in
consumer products and determine how best to limit exposure or
to reduce the level of hazard posed by a chemical of concern
in consumer products. (HSC § 25252)
5)Requires CalOSHA at the Department of Industrial Relations to
enforce all occupational safety and health standards. (Labor
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Code § 142)
6)Regulates, under the Barbering and Cosmetology Act, nail
salons and manicurists by the Board of Barbering and
Cosmetology at the Department of Consumer Affairs. (Business
and Professions Code § 7301 et seq.)
FISCAL EFFECT: Unknown.
COMMENTS:
Need for the bill: According to the author, "Nail salon workers
experience unnecessary exposures to harmful chemicals in the
workplace. Every day, nail salon workers handle solvents,
glues, polishes and other products containing chemicals known or
suspected to cause cancer, allergies, respiratory, neurological
and reproductive harm. These workers report acute health
concerns such as headaches, dizziness, rashes and breathing
difficulties? Nail salon owners say being a healthy nail salon
is better for their health and good for business too. In a
survey conducted by the California Healthy Nail Salon
Collaborative and Asian Health Services, the large majority of
recognized salons said that by participating in the program,
they and their employees are healthier -- work-related acute
health symptoms disappeared. Most also said that their revenues
increased, and that the safety and health trainings are
effective? Passage of AB 2125 would contribute to healthier nail
salon workers and consumers."
Health impacts from exposure to nail products: According to
DTSC, nail products commonly contain toxic chemicals that can
pose health and safety concerns, especially for the roughly
121,000 nail salon workers in California. Among the many
potentially toxic chemicals found in nail products, dibutyl
phthalate (DBP), toluene, and formaldehyde, collectively
referred to as the "toxic-trio," are at the center of ongoing
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public attention. California has recognized that exposure to
these three chemicals is associated with cancer, birth defects,
asthma, and other chronic health conditions.
DTSC points to a 2008 study in the Journal of Community Health,
"A preliminary survey of Vietnamese nail salon workers in
Alameda County," that estimated that 59% to 80% of California
nail salons are run by women of Vietnamese decent who face
socio-cultural barriers that may compromise their workplace
safety and health care access. English is often not their
primary language. Limited English proficiency can limit a
worker's ability to comprehend warnings of health risks,
exposure routes, and preventive measures in product literature.
DTSC notes that workers who stay on the job while pregnant
expose themselves and their fetuses to a variety of known and
potentially toxic chemicals that may lead to a wide range of
acute and chronic adverse health conditions for both mother and
child.
Local HNSR programs: According to the California Healthy Nail
Salon Collaborative, a cosponsor of this bill, they implemented
a Healthy Nail Salon Campaign in San Francisco in 2009 by
establishing a partnership with the former San Francisco
Supervisor, now Assemblymember and author of this bill, David
Chiu, and the San Francisco Department of Environment. In
October of 2010, the City and County of San Francisco passed an
ordinance directing the San Francisco Department of Environment
to create a voluntary recognition program for nail salons that
are implementing "safer practices and products to protect the
health of salon staff, the health of customers and the
environment." To qualify for the recognition program, nail
salons must use nail products that do not contain the
"toxic-trio" or additional chemicals designated by San Francisco
Department of Environment, and follow designated protocols, such
as ventilating the salon, requiring staff to wear nitrile
gloves, and educating staff on safer nail products and
procedures.
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The California Healthy Nail Salon Collaborative notes that there
are now local HNSR programs in Alameda County, San Francisco,
San Mateo County, and the City of Santa Monica. These programs
are modeled after the original program in San Francisco. An
established working group, comprised of the above localities as
well as worker health groups, meets regularly to share
information and resources. Standardized HNSR program materials
are created, translated and used by participating entities,
reducing start up and operating costs for each local government
interested in implementing an HNSR program.
The goal of this bill is to establish state criteria and model
ordinances for HNSR programs so that additional jurisdictions
can adopt such programs.
Recent state action on toxics in nail salons: On March 27,
2013, DTSC released its document, "Guidance on Becoming a
"Greener" Nail Salon," under its Pollution Prevention Program.
The document lays out criteria that nail salons must meet in
order to be considered a "green" nail salon. In addition to
criteria similar to those required by local established HNSR
programs and by this bill, this document considers additional
environmental factors such as reduced energy consumption;
reduced water use; reduced wastewater generation; reduced solid
waste generation; and, educating customers about best practices.
Because DTSC's Pollution Prevention program was essentially
defunded, DTSC did not undertake outreach or establish a state
program for "green" nail salons.
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
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Assembly Committees on Health, Business and Professions, and
Labor. The purpose of the hearing was for state agencies,
advocates, and industry to obtain and share information, address
concerns, and discuss policy recommendations regarding nail
salon practices. Among the policy recommendations discussed was
the statewide expansion of voluntary incentive-based programs
that recognize nail salons that implement healthy practices for
workers and consumers.
Double referral. This bill was double referred to the Assembly
Committees on Health and on Environmental Safety and Toxic
Materials. It passed the Committee on Health on March 29, 2016
on a 18 - 0 vote.
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
Asian Pacific Environmental Network
Association of Asian Pacific Community Health Organizations
Black Women for Wellness
Breast Cancer Action
Breast Cancer Fund
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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
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
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:Shannon McKinney / E.S. & T.M. / (916)
319-3965
AB 2125
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