Last updated 09-26-2006
760-1419 Miscellaneous

1.  Only articles considered necessary to the routine operation and maintenance of the Body Art Establishment shall be permitted in the Body Art Establishment.

This requirement lacks justification.

The intent seems to be to strip body art of its traditions, history and methods of operating an establishment replacing it with a sterile medical looking clinic or doctor's office.

Body art establishments are not medical offices and do not engaged in medical procedures.

It is impossible to seriously assert that inanimate objects, such as decorations, or a desk pose a health threat merely because they are not necessary for the routine operation or maintenance of the establishment. Documented reports are available in the medical literature that says it is not the premises that contaminate patients in hospitals but patients that contaminate hospital structures. The customers pose the danger to the establishment and the employees, not the other way around.

            2. No Live bird, turtle, snake, dog, cat or other animal shall be permitted in any area used for the conduct of body art procedures or in the immediate, open adjacent areas, including the main waiting area and the public access to the toilet room except as follows.

a. Patrol dogs accompanying police or security officers in offices, sales, display and storage areas.

b. Service animals that are controlled by the disabled employee or person so as not to constitute a safety hazard in areas that are not used for body art procedures.

No living things except plants will be allowed to live in a body art establishment.

There are probably civil laws that allow the disabled to enter public establishments and probably laws covering security and police exemptions which would not require the Act to consider or be responsible for.

3. Effective measures shall be taken to protect against entrance into the body art establishment and the breeding, potential harborage or presence on the premises of insects and rodents.

a. Anyone using insecticides and rodenticides must be certified by the New York State Department of Environmental Conservation.
b. Insecticides and rodenticides shall not be used in a manner that may cause a potential hazard to the occupants of the establishment or the contamination of dyes, ink, pigments, body art instruments, equipment, jewelry, single-use items, or any other items used in connection with body art procedures.
c. Whenever pesticides are applied in a body art establishment, the establishment owner or one of the establishment's certified body artists must be present for the duration of the application(s) and or treatment(s).

It is likely business laws exist covering this material. It should not be the health department's job.

4. Department-approved First Aid instructions for fainting, unconsciousness and bleeding are to be prominently posted to the employees in the work area(s) and include the emergency phone number to call for emergency medical assistance. An ANSI first aid kit shall be provided in the establishment and all employees are to be familiar with its location. A clean pillow or small cushion and a clean blanket must be readily available to support first aid for fainting or unconsciousness. See Appendix C of this Article.

Appendix C is a welcome addition. But another number of posters to be prominently displayed in the work area instead of easily accessible if needed needs review. One can imagine the work room covered with written posters and warnings every one prominently displayed.

5. The body art establishment must have adequate storage closets, lockers, drawers or cabinets for employees to store their personal items & clothing. Personal belongings and non-body art related items are not to be commingled with any body art equipment, body art instruments or supplies that are directly related to performing body art procedures.

This is certainly a good idea but illustrates why a performance based approach is needed. The intent seems to be that employees not commingle personal items with items used for body art procedures. This could have been stated as simply as that. This idea sounded reasonable so it was added. However, it is not likely a health threat and being a good idea is not a necessary cause. The department must show that this has been a health problem. It should be up to the employer to determine when and to what extent to do this. Also the plan errs because it spells out the department's plan to implement it without considering other alternatives, such as another room. The clients personal belongings would also need to be addressed if this were the case if the purpose is to prevent putting things beneath a client's chain. A body artist using his work chair to hang his coat on is a matter of professional appearance rather than a likely health threat. This regulation is inappropriate.

These are personal views and opinions of Wes Wood and do not necessarily represent the views and opinions of Unimax Supply Co Inc.
Copyright 2006