BILL ANALYSIS Ó
AB 2125
Page 1
Date of Hearing: April 27, 2016
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez, Chair
AB
2125 (Chiu) - As Amended April 5, 2016
-----------------------------------------------------------------
|Policy |Health |Vote:|18 - 0 |
|Committee: | | | |
| | | | |
| | | | |
|-------------+-------------------------------+-----+-------------|
| |Environmental Safety and Toxic | |7 - 0 |
| |Materials | | |
| | | | |
| | | | |
-----------------------------------------------------------------
Urgency: No State Mandated Local Program: NoReimbursable: No
SUMMARY:
This bill requires the California Department of Public Health
(CDPH) to publish guidelines and model ordinances to assist
local jurisdictions to voluntarily adopt local "Healthy Nail
Salon" recognition programs. Specifically, this bill requires
CDPH to:
AB 2125
Page 2
1)Develop guidelines and model ordinances. It also specifies
required elements.
2)Consult with the Department of Industrial Relations' Division
of Occupational Safety and Health (Cal/OSHA) and other
stakeholders, as specified.
3)Solicit and support voluntary implementation of Healthy Nail
Salon programs through awareness campaigns directed at nail
salon business owners and local governments, develop and
implement a consumer awareness campaign, and develop and post
specified informational resources.
FISCAL EFFECT:
GF costs of $390,000 per year for two years to CDPH to implement
the bill, including review of current ordinances, development of
a model ordinance, field evaluations of nail salon exposures,
outreach and education, and other activities.
COMMENTS:
1)Purpose. According to the author, chemicals in cosmetics used
in nail salons can be harmful to workers and consumers.
Alternatives to substances that cause serious harm are readily
available. This bill is intended to assist more salons to
voluntarily comply with improved health and safety practices,
and to provide related education and outreach to workers and
consumers.
2)Background. The Department of Toxic Substances Control (DTSC)
noted in a 2012 report that three particularly toxic chemicals
AB 2125
Page 3
are present in many nail products, even those that
specifically claim to be free of these chemicals. These
chemicals (dibutyl phthalate (DBP), toluene, and formaldehyde,
dubbed the "toxic trio"), provoke health concerns including
reproductive and developmental toxicity, as well as cancer.
The 2012 report also recommended outreach and training of nail
salon owners and workers about product safety concerns.
Recognition programs offer a means to encourage industries to
adopt certain practices on a voluntary basis. Some local
governments have already adopted successful Healthy Nail Salon
recognition programs, including the City and County of San
Francisco, the Counties of Alameda, San Mateo, and Santa
Clara, and the City of Santa Monica. Healthy Nail Salon
criteria include proper ventilation systems; less toxic nail
polish, removers, and thinners; use of gloves; a commitment to
using safe products; and staff training.
On August 26, 2015, a joint hearing on this issue was held by
several Assembly committees, including the Select Committee on
Women in the Workplace, Select Committee on Girls and Women of
Color, and standing committees on Health, Business and
Professions, and Labor. The hearing examined labor practices
as well as health and safety concerns in the nail industry.
One of the policy recommendations that emerged from the
hearing was the statewide expansion of voluntary recognition
programs, which this bill proposes.
Exposure to toxins in nail salons is a particular concern for
Vietnamese communities in California, since over half of all
California nail salon workers are Vietnamese, many of whom are
immigrants with limited English proficiency.
3)Overlapping jurisdiction. In addition to CDPH, many state
entities play some role in protecting health and safety in
AB 2125
Page 4
nail salons. In California, protecting workers from safety
hazards at the workplace is the jurisdiction of Cal/OSHA. The
Office of Environmental Health Hazard Assessment with the
California Environmental Protection Agency (Cal/EPA) assesses
health risks of common chemicals. The California Board of
Barbering and Cosmetology regulates barbering and cosmetology
services, including issuing education and licensure. The
Safer Consumer Products program, which requires manufacturers
or other responsible entities to seek safer alternatives to
harmful chemical ingredients in widely used products, is
administered by DTSC. DTSC has also released guidance on
becoming a "green" nail salon, which included environmental
issues such as solid waste and water conservation in addition
to health and safety issues.
4)Related Legislation.
a) AB 2025 (Gonzalez), pending in this committee, requires
collaboration between the Board of Barbering and
Cosmetology (BBC) as a condition of issuing an
establishment license and to ensure that the applicant has
knowledge of basic labor laws pertaining to the individuals
who work in establishments, as specified; requires the BBC
to consult with the Department of Industrial Relations
(DIR) in developing and adding questions on the application
for licensure; requires the BBC to consult with
stakeholders and the DIR to create informational materials
on basic labor laws; requires the BBC to translate all of
its written materials in English, Spanish, and Vietnamese;
and, beginning January 1, 2018, authorizes the BBC to
collect voluntary demographic information of its applicants
for licensure.
b) AB 2437 (Ting), pending in the Assembly Committee on
Business and Professions, requires a nail care services
establishment to register with DIR and receive specified
AB 2125
Page 5
training regarding workplace rights and wage and hour laws,
authorizes DIR to charge a fee for the training costs;
requires the BBC to deny the renewal of a license to a nail
care establishment that is conducting business in violation
of specified labor laws.
1)Support. This bill is supported by numerous health, labor,
Asian advocacy, and environmental groups. It has no
opposition.
Analysis Prepared by:Lisa Murawski / APPR. / (916)
319-2081