Legal, Public Protection & Housing Services June 2 nd 2011 The Environmental Health Commercial Team welcomes you to a training session for registered tattooists and body piercers .
Tattooing and Piercing An information and advice session for Registered Tattooists and Body Piercers
Aim and Objectives of Session • Introduction to legislation • Requirements of Local Authority • Good Heath and Safety • Good Practice • Guidance and Advice • Problem Areas • Training, Competency, Trainees,
Existing Legislation • The Health and Safety at Work • Control of Substances etc. Act 1974. Hazardous to Health Regulations 2002 • The Workplace (Health, Safety and Welfare) Regulations 1992 • Local Government (Miscellaneous Provisions) Act • The Provision and Use of 1982 Work Equipment Regulations 1998 • Tattooing of Minors Act 1969 • The Management of Health • Prohibition of Female and Safety at Work Circumcision Act 1985 Regulations 1999 • Public Health (Control of • Pressure Systems Safety Disease) Act 1984 (as Regulations 2000 amended) • Health Protection (Part 2A Orders) (Wales) Regulations 2010
The Provision and Use of Work Equipment Regulations 1998 • Maintaining the equipment in an efficient state, efficient working order and good repair. • Inspection. • Cleanliness • Training
Equipment Issues • Out of date items • Needles • Canullas • Disposable Grips • Antiseptic Wipes Poor Cleanliness!
Control of Substances Hazardous to Health Regulations 2002 • Design and operate processes and activities to minimise emission, release and spread of substances hazardous to health • Take into account all relevant routes of exposure – inhalation, skin absorption and ingestion – when developing control measures • Control exposure by measures that are proportionate to the health risk • Choose the most effective and reliable control options, which minimise the escape and spread of substances hazardous to health
Control of Substances Hazardous to Health Regulations 2002 • Where adequate control of exposure cannot be achieved by other means, provide, in combination with other control measures, suitable personal protective equipment • Check and review regularly all elements of control measures for their continuing effectiveness • Inform and train all employees on the hazards and risks from the substances with which they work and the use of control measures developed to minimise the risks • Ensure that the introduction of control measures does not increase the overall risk to health and safety.
What it Means • Also included under • Put labels on COSHH are containers . responsibilities to • Keep Safety Data consider Sheets microbiological • Use Gloves, masks hazards such as blood borne agents etc if required including; • Use only if necessary • Immunodeficiency • Keep the number of Virus (HIV) people exposed to a • and Hepatitis B. minimum.
Pressure Systems Safety Regulations 2000 • Written Scheme of Examination • Thorough Examination • Regular Checking • Thorough Cleaning
• http://www.hse.gov.uk/pubns/indg178.pdf • http://www.hse.gov.uk/pubns/indg261.pdf
This is a NO NO • KLENZ SANITISER • Not an autoclave • Does not sterilise • Is not acceptable in your premises as a means of sterilising equipment.
Local Government (Miscellaneous Provisions) Act 1982 • The standards you should maintain as a minimum. • Bye Laws to be displayed in a prominent position. • Registration to be displayed.
Health and Safety at Work etc. Act 1974 • Sections 2 & 3 • Duty of care to you, your employees and others. • Others means your clients and also any other person (non employee) who enters or works on the premises
Workplace (Health, Safety and Welfare) Regulations 1992 • Maintenance of workplace and equipment • Workplace Temperatures • Lighting • Ventilation • Room Dimensions and Space • Workstations and seating • Conditions of flooring and traffic routes
Management of Health and Safety at Work Regulations 1999 • Risk Assessment. • Health and Safety Arrangements. • Health Surveillance. • Information for employees. • Capabilities and Training. • Specific Risk Assessments- Young Mothers, Young Persons.
Training • Apprentice • What training is provided? • Trainee • How long should • Boy Saturday training last? • Girl Saturday • What should be • Gofer covered? • Why should you consider it?
HSE Guidance –LAC 76/2: • Health and Safety issues related to body piercing, tattooing and scarification • http://www.hse.gov.uk/lau/lacs/76- 2app.htm#app6
Problem Areas • Identified by research and through previous inspections. • Uncertainty or ambiguity over age issues • Lack of Record keeping • Lack of advice/information prior procedure • Lack of medical condition information • Lack of, or poorly designed consent forms
Tattooing of Minors Act 1969 • It shall be an offence • but it shall be a to tattoo a person defence for a person under the age of charged to show that eighteen except when at the time the tattoo the tattoo is was performed he performed for medical had reasonable cause reasons by a duly to believe that the person tattooed was qualified medical practioner or by a of or over the age of person working under eighteen and did in his direction, fact so believe.
“reasonable cause to believe” • “She looked 18” • Due Diligence defence • “She told me she was • Prove you took all over 18” reasonable precautions to prevent underage clients. • “She signed the disclaimer” • Proof of age should be requested and …….. • “His Dad came with him and signed to say it was • If you don’t look 25 prove OK” you are 18 • “He’s had tattoos before • Good Record Keeping so he’s obviously over • Photo ID Driving Licence, 18” Passport. • “If I didn’t do it someone else would”
• It’s against the law for a person to tattoo anybody under the age of 18, even with the permission of parents or carers. • Reputable body piercers won’t pierce anybody under the age of 16 without the permission of their parents or carers.
Ages restrictions on piercing • Many types of body piercing, however, are not subject to age provisions. • However, children under the age of 16 cannot consent to what would otherwise be an indecent assault; whether an indecent assault occurred would depend on the facts of the individual case. • Any establishment offering certain types of body piercing would therefore need to satisfy themselves as to the age of their customer and that he/she was capable of giving a valid consent.
• Children under the age of 16 can't legally consent to a genital (or in the case of girls, nipple) piercing, as it's considered to be indecent assault. • There are no plans to introduce an age of consent for body piercing in any areas other than the genitals, although some local authorities have introduced recommendations about the ages at which a person can have specific body piercings'.
• Parents of children under 16 cannot consent to piercings of areas which might be considered sexual assault • Is accepting a mothers instruction to pierce the belly button of a 12 years old acceptable. • Is the nipple of a 15 year old acceptable to pierce.
Record Keeping • Protects the client • Medical Conditions and YOU. • Declaration and Proof • What should you of age. keep? • Telling you they are • Technical details of 18 or even signing a clients treatment. card saying “I’m over 18” is NOT proof! • Details of any follow up care • Consultation records
• If the client indicates a medical issue ensure you show what was considered by you before you chose to continue the procedure. • Tattooing someone with psoriasis? • Piercing a pregnant woman • Tattooing a person with Hepatis B • Tattooing an epileptic
Ideally this is what you need. • Date of the procedure; • Client's name, address and telephone number; • Full details of the procedure; • A record of the type of the procedure; • A basic health declaration form can be presented in tick box format and include medical history;
Medical History/Conditions • heart disease; • medication; • pregnancy/breast feeding; blood borne viruses such as HIV, Hepatitis B and C; • low blood pressure (can make people prone to fainting); • epilepsy; • diabetes; • impetigo; • skin conditions such as eczema, warts and psoriasis.
• Whether there is a history of relevant medical conditions (see this list of contraindications below • What contra-indications should be considered by a tattooist before performing a procedure?
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