In May 2015, former Governor Andrew M. Cuomo announced a multi-pronged effort to reform the nail salon industry in New York State by correcting and preventing unlawful practices and unsafe working conditions. A multi-agency Task Force, consisting of representatives from the Department of Labor, Department of State, and Department of Health, implemented reforms which included a comprehensive package of legislation and new emergency regulations, administrative changes, and an outreach campaign to educate workers, businesses and the public.
On May 18, 2015, the New York Department of State began filing emergency regulations seeking to improve the nail salon industry. Since then, the Department has also filed necessary papers to make these emergency regulations permanent. The following explains how these new regulations affect Nail Salon owners and workers. In addition, new requirements have been developed to ensure that salons and work stations are properly ventilated. The text of the regulations can be viewed here.
For Nail Salon Owners:
Equipment Requirements
As of June 15, 2015, you must maintain the following equipment at each workstation and provide it to workers, upon request, and at no cost:
- A properly fitted N-95 or N-100 respirator, approved by the National Institute for Occupational Safety and Health, for each individual who uses the workstation. All workers must have access to and may use these respirators when buffing or filing nails or when using acrylic powder.
- Protective gloves made of nitrile, or another similar non-permeable material for workers with a sensitivity to nitrile gloves. You must have a sufficient number of gloves available so that each nail technician can use a new pair of gloves for each customer. All workers must have access to and may wear these gloves when handling potentially hazardous chemicals or waste and during cleanup, or when performing any nail service that has a risk of breaking the customer’s skin.
- Protective eye equipment. All workers must have access to and may wear eye protection when preparing, transferring or pouring potentially hazardous chemicals.
A list of potentially hazardous chemicals commonly found in nail salons can be accessed here.
Posting Requirements
You will be required to post a “Nail Practitioner Bill of Rights” in a place where it is easily visible to workers and the customers. As soon as it is available, the sign will be mailed to you and will be posted at any Department of State office and online at www.dos.ny.gov/
Ventilation Requirements
New requirements are in effect to ensure that nail salons and work stations are properly ventilated. The text of the regulations can be viewed here. If you have any questions about the new ventilation requirements or how to bring your business into compliance, please contact the Department of State at 518-474-4429. Additional information and resources can be found on our website here.
Notices of Violation
If you are served with a Notice of Violation to Cease and Desist, you must immediately post a copy of the Notice. The Notice must be posted in the front window, on the front door or on the outside wall of your business. It must be within five feet of the front door, at a vertical height of at least four to six feet from the ground or floor. The Notice of Violation may not be removed except when authorized by the Department of State.
If your business is inspected and there are violations related to the new ventilation regulations, you will also receive information about what the regulations require, and how to comply with them. In the majority of cases, even if a business receives a notice of violation, the issues can be resolved without a hearing by correcting the violations. Additional information about what to do after your business is inspected and has been ticketed with a ventilation violation can be found here.. The Department realizes that it may take several months to bring your nail salon into compliance with the new rules, and the Department can work with you to avoid a hearing.
Bond or Liability Insurance
You must maintain liability coverage in the following amounts:
- Accident and professional liability insurance of at least $25,000 per individual occurrence and $75,000 in the aggregate
- Wages legally due to workers and other providers of nail services of:
- At least $25,000 if you employ the equivalent of two to five full time individuals who provide nail specialty services
- At least $40,000 if you employ the equivalent of six to ten full time individuals who provide nail specialty services
- At least $75,000 if you employ the equivalent of 11 to 25 full time individuals who provide nail specialty services
- At least $125,000 if you employ the equivalent of 26 or more full time individuals who provide nail specialty services.
The liability coverage may be obtained by purchasing:
- A bond in favor of the people of the State of New York;
- Accidental and professional liability or general liability insurance; or
- A combination of the previous options provided that the coverage amounts are satisfied.
Evidence of liability coverage must be maintained in your nail salon and made accessible by all workers at all times that the business is open.
All nail salon owners are advised to review the above circumstances under which a bond or liability insurance is required. In the event that an owner believes that they are required to obtain a wage bond, they may print out a copy of the Department of State's approved wage bond HERE, and take the form to their current insurance agent. In the event that the owner's insurance agent is unable to assist with the purchase of the bond, the owner is advised to seek the assistance of an agent experienced in surety bonds. A list of surety bond professionals working in your area can be obtained by visiting the website of the National Association of Surety Bond Producers at www.nasbp.org. Refer to the Department of Financial Services website for a list of surety bond agents that issue wage bonds.
Wage Bond Providers
Wage Bond Calculator
For Nail Salon Workers:
Equipment Requirements
As of June 15, 2015, the owner of your salon must provide the following at each workstation. This equipment must be made available to you, upon demand, at no cost:
- A properly fitting N-95 or N-100 respirator, approved by the National Institute for Occupational Safety and Health. You must be provided access to and have the right to use a respirator when buffing or filing nails, or when using acrylic powder. You should also be properly trained and fitted.
- Protective gloves made of nitrile or another similar non-permeable material. The owner of your salon must have a sufficient number of gloves available so that you can use a new pair of gloves for each customer. You must be provided access to and have the right to wear gloves when handling potentially hazardous chemicals or waste and during cleanup, or when performing any nail service that has a risk of breaking the customer’s skin.
- Protective eye equipment. All workers must be provided access to and have the right to wear eye protection when preparing, transferring or pouring potentially hazardous chemicals.
A list of potentially hazardous chemicals commonly found in nail salons can be accessed here.
Posting Requirements
The owner of your salon is required to post a “Nail Practitioner Bill of Rights” in a place where you and customers can easily view it. You have a right to the protections described on this sign.
Bond or Liability Insurance
The owner of your salon must maintain liability insurance that, in part, includes coverage to guarantee your wages. This policy must be maintained in the salon and made accessible to all workers during hours when the business is open.
I. New Subdivision (e) is added to Section 160.10 of Title 19 of the NYCRR:
Section 160.10. Posting Requirements
New Subdivision (e) is added to Section 160.10 of Title 19 of the NYCRR.
Section 160.10. Posting requirements
(a) An owner shall conspicuously post a sign at the entrance of the business indicating that the business and individual operators are licensed by the New York State Department of State and that rules and regulations governing the business and practices are available for review upon request.
(b) An individual holding a license in waxing, nail specialty, esthetics, natural hairstyling, or cosmetology must conspicuously post the license at the station or location where the occupation is being practiced.
(c) An owner shall conspicuously post its business license at: the entrance or reception area of the establishment; or, the public business desk or counter of the establishment; or, the area where the licensed activities are performed.
(d) An owner shall conspicuously post an itemized list of all services performed at the business establishment and the prices charged for those services.
(e) An owner who permits the practice of nail specialty to be conducted in an appearance enhancement business shall conspicuously post a nail practitioner bill of rights in a place where it will be readily visible by practitioners and the public. The Department of State shall furnish such sign to every place of business that permits the practice of nail specialty.
Section 160.39.Notification of Proceeding to Direct Cessation of Unlicensed Activity
Section 160.39 is added to Title 19 of the NYCRR to read as follows:
Section 160.39. Notification of Proceeding to Direct Cessation of Unlicensed Activity
(a) All businesses and operators served with a Notice of Violation relating to unlicensed activity pursuant to Article 27 of the New York General Business Law shall immediately affix a copy of such notice on the front window, door or exterior wall of the business. The Notice of Violation shall be within five feet of the front door or other opening to the business where customers enter from the street, at a vertical height no less than four feet and no more than six feet from the ground or floor. An establishment without a direct entrance from the street shall post such Notice of Violation at its immediate point of entry in a place where consumers are likely to see it.
(b) Such Notice of Violation shall not be removed except when authorized by the Department.
19 NYCRR § 160.9 Bond or Liability Insurance
Section 160.9 of Title 19 of the NYCRR is repealed and a new 160.9 is added to read as follows:
19 NYCRR § 160.9 Bond or liability insurance
(a) An owner must maintain proof of minimum financial security in the following amounts:
(1) for accident and professional liability, at least $25,000 per individual occurrence and $75,000 in the aggregate; and
(2) for payment of wages and remuneration legally due employees who provide nail specialty services pursuant to the following schedule:
(i) if owner employs the equivalent of two to five full time individuals who provide nail specialty services, at least $25,000 or in such other amount as directed by the Secretary;
(ii) if owner employs the equivalent of six to ten full time individuals who provide nail specialty services, at least $40,000 or in such other amount as directed by the Secretary;
(iii) if owner employs the equivalent of 11 to 25 full time individuals who provide nail specialty services, at least $75,000 or in such other amount as directed by the Secretary; or
(iv) if owner employs the equivalent of 26 or more full time individuals who provide nail specialty services, at least $125,000 or in such other amount as directed by the Secretary.
(b) Such proof may be satisfied by purchasing:
(1) accident and professional liability insurance, or general liability insurance; or
(2) a bond with a corporate surety, from a company authorized to do business in this state, payable in favor of the people of the state of New York; or
(3) any combination of (1) or (2) as provided in this Subdivision provided that the coverage amounts set forth in Subdivision (a) of this Section are satisfied.
(c) Proof of bond and liability insurance coverage, as applicable, must be filed with the Secretary and may be terminated only in accordance with the following provisions:
(1)A bond shall not be cancelled, revoked, or terminated by the owner, nor shall the owner take action that would result in the cancellation, revocation, or termination of such bond, except after notice to, and with the consent of, the Secretary at least forty-five days in advance of such cancellation, revocation, or termination. The bond shall include a provision requiring the surety to provide forty-five days' notice to the Secretary prior to cancelling the bond.
(2) A liability insurance policy obtained pursuant to this Section shall not be cancelled, revoked, or terminated by the owner, nor shall the owner take action that would result in the cancellation, revocation, or termination of such insurance policy, except after notice to the Secretary at least forty-five days in advance of such cancellation, revocation, or termination, in a form prescribed by the Secretary.
(d) Proof of such bond or liability insurance policy must be maintained on the business premises. Such proof shall be accessible by all employees at all times that the business is open.
(e) An owner will be permitted to maintain a bond or liability insurance policy as required by former Section 160.09 until June 30, 2015. All owners shall comply with the provisions of this Section on or after July 1, 2015.
Section 160.11. Owner Responsibilities
Section 160.11 of Title 19 of the NYCRR is amended as follows:
Section 160.11. Owner responsibilities
(a) An owner [, an area renter or both] shall be responsible for the proper conduct of the licensed business and for the proper provision of appearance enhancement services to the public by its employees or operators.
(b) An owner [, an area renter or both] shall be responsible for compliance with all applicable health and sanitary codes, and all statutory and regulatory requirements with respect to the practices of the occupation and business prescribed by this Part.
(c) An owner shall be responsible for maintaining the following equipment at each workstation, to be made available, upon request and without cost, to each person providing nail care services who uses such workstation:
(1) A properly fitting N-95 or N-100 respirator, approved by the National Institute for Occupational Safety and Health (“NIOSH”), for each individual who uses such workstation, to reduce inhalation of dust and particulate matter;
(2) Protective gloves made of nitrile, or other similar non-permeable material for workers with a sensitivity to nitrile gloves, in quantities sufficient to allow each individual providing nail care services to have a new pair of gloves for each customer served; and
(3) Eye protection sufficient to protect from splashes when pouring or transferring potentially hazardous chemicals from bulk containers or when preparing potentially hazardous chemicals for use in nail care services.
(d) The requirements of Subdivisions (a) and (b) were in effect prior to the filing of this emergency regulation, and remain in continuous full force and effect. Subdivision (c) of this Section shall take effect on June 15, 2015.
Section 160.20 Hygienic Practices
Section 160.20 of Title 19 of the NYCRR is amended as follows:
160.20 Hygienic practices.
(a) Cotton applicators may be used and must be stored in a closed container or sealed bag.
(b) A clean sheet of paper or a clean towel not previously used for any purpose shall be placed on the table or headrest before any client reclines on a table or chair.
(c) Cloth towels may be used once then bagged, machine washed and dried.
(d)A paper strip or clean towel shall be placed completely around the neck of each client before an apron or any other protective device is fastened around the neck.
(e) All practitioners and nail care clients must wash hands with soap and water before each client service.
(f) All sharp or pointed equipment shall be stored when not in use so as not to be accessible to consumers.
(g) All fluids, semifluids and powders must be dispensed with a shaker, dispenser pump or spray type container. All creams, lotions and other cosmetics used for clients must be kept in closed containers and dispensed with disposable applicators. When only a portion of a preparation is to be used on a client, it shall be removed from the container in such a way as not to contaminate the remaining portion.
(h) All practitioners shall have access to and may use a properly fitted N-95 or N-100 respirator, provided by the owner and approved by the National Institute for Occupational Safety and Health (“NIOSH”), in accordance with manufacturer’s specifications when buffing or filing artificial nails or using acrylic powder.
(i) All practitioners shall have access to and may wear gloves, provided by the owner, when handling potentially hazardous chemicals or waste and during cleanup, or when performing any procedure that has a risk of breaking a customer’s skin.
(j) All practitioners shall have access to and may wear eye protection, provided by the owner, when pouring or transferring potentially hazardous chemicals from bulk containers and when preparing potentially hazardous chemicals for use in nail care services.
(k) The requirements of Subdivisions (a) through (g) were in effect prior to the filing of this emergency regulation, and remain in continuous full force and effect. Subdivisions (h), (i), and (j) of this Section shall take effect on June 15, 2015.