Legal, Public Protection & Housing Services June 2 nd 2011 The - - PowerPoint PPT Presentation

Legal, Public Protection & Housing Services

June 2nd 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

• f 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
• etc. Act 1974.
• The Workplace (Health, Safety

and Welfare) Regulations 1992

• The Provision and Use of

Work Equipment Regulations 1998

• The Management of Health

and Safety at Work Regulations 1999

• Pressure Systems Safety

Regulations 2000

• Control of Substances

Hazardous to Health Regulations 2002

• Local Government

(Miscellaneous Provisions) Act 1982

• Tattooing of Minors Act 1969
• Prohibition of Female

Circumcision Act 1985

• Public Health (Control of

Disease) Act 1984 (as 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• Out of date items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

• f substances hazardous to health

Control of Substances Hazardous to Health Regulations 2002

• Where adequate control of

exposure cannot be achieved by

• ther 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

• Put labels on

containers .

• Keep Safety Data

Sheets

• Use Gloves, masks

etc if required

• Use only if necessary
• Keep the number of

people exposed to a minimum.

• Also included under

COSHH are responsibilities to consider microbiological hazards such as blood borne agents including;

• Immunodeficiency

Virus (HIV)

• and Hepatitis B.

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
• thers.
• Others means your clients and also any
• ther person (non employee) who enters
• r 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
• Trainee
• Boy Saturday
• Girl Saturday
• Gofer
• What training is

provided?

• How long should

training last?

• What should be

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

to tattoo a person under the age of eighteen except when the tattoo is performed for medical reasons by a duly qualified medical practioner or by a person working under his direction,

• but it shall be a

defence for a person charged to show that at the time the tattoo was performed he had reasonable cause to believe that the person tattooed was

• f or over the age of

eighteen and did in fact so believe.

“reasonable cause to believe”

• “She looked 18”
• “She told me she was
• ver 18”
• “She signed the

disclaimer”

• “His Dad came with him

and signed to say it was OK”

• “He’s had tattoos before

so he’s obviously over 18”

• “If I didn’t do it someone

else would”

• Due Diligence defence
• Prove you took all

reasonable precautions to prevent underage clients.

• Proof of age should be

requested and ……..

• If you don’t look 25 prove

you are 18

• Good Record Keeping
• Photo ID Driving Licence,

Passport.

• 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

• ld acceptable.
• Is the nipple of a 15 year
• ld acceptable to pierce.

Record Keeping

• Protects the client

and YOU.

• What should you

keep?

• Technical details of

clients treatment.

• Details of any follow

up care

• Consultation records
• Medical Conditions
• Declaration and Proof
• f age.
• Telling you they are

18 or even signing a card saying “I’m over 18” is NOT proof!

• 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
• f relevant medical

conditions (see this list of contraindications below

• What contra-indications

should be considered by a tattooist before performing a procedure?

• The tattooist should discuss client's medical history and ask whether

they have experienced or suffered from the following:

• Acne;
• Allergic responses to latex, anaesthetics and adhesive plasters;
• Conditions that compromise the immune system;
• Heart disease/pacemaker;
• Impetigo;
• Seizures e.g. epilepsy;
• High blood pressure;
• Haemophilia.
• Where any of the above conditions exist, or there be past history,

written authorisation from the client's doctor should be required before tattooing takes place. The tattooist should record the clients' response to the above on the client's record card and consent form.

Correct Details

• Make sure that the customer makes clear

what they require.

• Write down their requirements.
• Get them to write it down and check it

before starting!

Deliberate Acts

Current Inspection Regime

• Proactive Health and Safety inspections

looking at health and safety issues

• Reactive visits following customer

complaints

• Accident investigations following

notification of accidents to staff, contractors or members of the public.

The future

• Advice and information sessions
• Inspection following advice sessions.
• Risk rating determined by inspection.
• Service requests relating to customer

complaints and accidents.

• Test purchases.

Test Purchases

• Already carried out in

Wales informally as part of research project.

• Some premises fell

well short of what is expected of them.

• Vale of Glamorgan to

implement formal test purchases looking at levels of compliance.

• Formal means of

enforcement will be taken where necessary.

A quick test of knowledge

• The following are photographs of potential

clients.

• Some have previous tattoos.
• Which of the “clients” would you tattoo and

which would you refuse.

• Assume that none have ID on them.

• BEWARE

NO WIN, NO FEE!!!

• http://www.tattoogonewrong.co.uk/
• http://www.tattoogonewrong.co.uk/claim-

calculator

• http://www.tattoogonewrong.co.uk/faq

What We Want

• Local Authority
• A premises which

complies with the law

• A premises which is

safe

• A premises which

does not pose a risk to the health and safety of their clients.

• No complaints.
• Tattooist/piercer
• A good reputation.
• Return business.
• Less Council

interference!

• Less inspections.
• No complaints

The Signs of Good Practice

• Compliance with the Bye

Laws

• Provision of good

information

• Medical Information

requested

• Age determined.
• ID Required as proof of

age.

• Records kept.
• Aftercare provision
• Standards of cleanliness
• Cleaning, Sterilisation

Ultrasonification,and Disinfection

• Waste disposal
• Sharps disposal
• Allergies
• Single use gloves. (non

latex)

• Hand washing facility in

treatment area

Issues to consider

• Congenital:
• Long standing

diabetic conditions:

• Allergies:
• Bleeding and clotting

disorders

• Blood borne virus

e.g.HIV, Hepatitis B and C.

• Patient medical

declaration:

• Data Protection

issues

New Model Bye Laws

• http://wales.gov.uk/docs/phhs/publications/

100225modelen.doc

Guidance for Operators

• Advice and Safe

Practice for Permanent Tattooing

• Calderdale Council
• Pdf document freely

down loadable.

• www.calderdale.gov.

uk

http://www.calderdale.gov.uk/busi ness/licences/skinpiercing/tatto

• ing.pdf

• Advice and Safe

Practice for Micropigmentation

• http://www.calderdale.gov.uk/busi

ness/licences/skinpiercing/micropi gmentation.pdf

• Calderdale Council

• Advice and Safe

Practice for Body Piercing

• http://www.calderdale.gov.uk/busi

ness/licences/skinpiercing/bodypie rcing.pdf

• Calderdale Council

HSE Information

• http://www.hse.gov.uk/lau/lacs/76-

2app.htm#app6

• http://www.hse.gov.uk/lau/lacs/14-1.htm
• http://www.dh.gov.uk/prod_consum_dh/groups/d

h_digitalassets/@dh/@en/documents/digitalasse t/dh_4074312.pdf

What we advise people wishing for a tattooist to look for

• Reputation. Previous work,

word of mouth, recommendations

• That the piercer/tattooist asks

for an appropriate form of ID in case of any doubts over clients age?

• Pre-consultation prior to

treatment?

• The piercer/tattooist uses an

autoclave to sterilize equipment and jewellery?

• New containers of dye should

be used for each tattoo? The tattooist should not be dipping into the same container of dye for each customer.

• That sterile needles are used

for every piercing/tattoo? That all needles should be in individual packages and should be opened while they are present.

• To ensure that they see the

piercer/tattooist place the used needles into a ‘sharps’ box for disposal.

• If the skin needs to be shaved,

that a disposable razor is used and then discarded into a sharps box immediately afterwards.

• That clients are provided with

information about caring for the new piercing/tattoo? (i.e. basic instructions on how to minimise healing times and reduce the risk of acquiring infection at the treatment site).

• To watch that the

piercer/tattooist washes their hands and then puts on a new pair of disposable examination gloves before starting work?

• Gloves should be changed for

a fresh pair if the piercer/tattooist touches anything other than the client

• r their sterile equipment.

If Unsure

• WALK AWAY.

Future Issues

• E BAY
• Bad press
• No Win No Fee
• Home Tattooists
• Scarification
• Branding
• Splitting
• Tattoo and Piercing Parties

Home Tattooing/Piercing

• http://www.independent.co.uk/news/uk/ho

me-news/home-tattoo-kits-are-putting- teenagers-at-risk-from-disease- 2255756.html

• http://www.cieh.org/media/media3.aspx?id

=36032

• http://www.bbc.co.uk/news/magazine-

10713587

Woman in court over running illegal tattoo parlour in Salford home

http://menmedia.co.uk/manchestereveningnews/news/s/1408554_woman_in_court_over_running_illegal_tattoo_parlour_in_salford_h

• me

http://menmedia.co.uk/manchestereveningnews/news/s/1408554_woman_in_court_over_running_illegal_tattoo_parlour_in_salford_home

http://menmedia.co.uk/manchestereveningnews/news/s/1408554_woman_in_court_over_running_illegal_tattoo_parlour_in_salford_home

Remedies

• Public Health (Control
• f Disease) Act 1984 (as

amended)

• Health Protection (Part

2A Orders) (Wales) Regulations 2010

• Order under Part 2A of

the Public Health (Control of Disease) Act 1984

• Warrant to enter. Fines

up to £20,000 for

• bstruction.
• Forced entry allowed
• Removal of all tattooing

equipment

• Seizure and Destruction
• Fines for non registration
• Prosecution for further
• ffences

The Internet Threat

Images from Ebay

• Lightweight aluminium deluxe

travel case

• Black Panther tattoo machine

with a slotted frame and hand tuned Serpent tattoo machine finished in a copper frame and hand tuned.

• 2 Aluminium grips including

back stem.

• 2 Brass effect grips including

back stem.

• Black Spider Web tattoo power

supply.

• Clip cord with a standard jack

plug connection.

• Foot switch with a standard

jack plug connection.

• 100 colour ink caps
• 20 Sterile ready made tattoo

needles.

• 1 Tattoo repair pack with 2

springs and allen keys.

• 8 Steel tattoo tips in 4 different

sizes for lining and shading.

• 20 Disposable tips.
• 1 Gloss black ink cap holder.
• 1 How to Tattoo Dvd

instructional guide.

• 1 Set of black and white tattoo

flash designs.

• 20 needle bar grommets.
• 1 Blank practice skin
• 6 bottles of Scream Brand

Black ink 1/2oz - Silk White, Pitch Black, Super Red, Dodger Blue, Electric yellow and Emerald City Green.

• 90 page full colour catalogue.

Images from Ebay

Images from Ebay

Images from Ebay

BEST PRICED 10 PIECE BODY PIERCING KIT ON THE INTERNET

Images from Ebay

• 10 Piece Plier/ Tweezer /

Forcep Kit

• Polished Finish
• Clinical Grade Stainless Steel
• Supplied in a Very Smart Black

Leatherette Zip Case with a Black Velour Interior

• Autoclavable Tools
• CE Quality Product
• BRAND NEW & UNUSED
• 1 x Small Ring Opening Pliers
• · 1 x Small Ring Closing clamps
• · 1 x Ball Holding Tweezers
• · 1 x Mini Pennington Tweezers
• · 1 x Mini Tongue Tweezers
• · 1 x Foerster Clamp with Slot
• · 1 x Plain Foerster Clamp
• · 1 x Septum Forceps
• · 1 x Pennington clamps with

Slot

• · 1 x Plain Pennington clamps

DELUXE 5 IN 1 Starter Body Piercing Kit

• This a REAL BODY

PIERCING KIT - not a Chinese Ear Kit!!

Images from Ebay

• Double Nipple Body

Piercing Kit forceps EZ Glide System

Images from Ebay

• http://www.hse.gov.uk/lau/lacs/76-2app.htm#app6
• http://www.hse.gov.uk/lau/lacs/14-1.htm
• http://www.dh.gov.uk/prod_consum_dh/groups/dh_digitalassets/@dh/@en/d
• cuments/digitalasset/dh_4074312.pdf
• http://www.calderdale.gov.uk/business/licences/skinpiercing/tattooing.pdf
• http://www.calderdale.gov.uk/business/licences/skinpiercing/micropigmentati
• n.pdf
• http://www.calderdale.gov.uk/business/licences/skinpiercing/bodypiercing.pd

f

• http://wales.gov.uk/docs/phhs/publications/100225modelen.doc
• http://www.hse.gov.uk/lau/lacs/76-2app.htm#app6
• http://www.hse.gov.uk/pubns/indg178.pdf
• http://www.hse.gov.uk/pubns/indg261.pdf

Contact Details

• Commercial Team
• Public Protection
• Civic Offices
• Holton Road
• Barry
• CF63 4RU
• TELEPHONE 01446 709105