DO OSHA LAWS AFFECT PERMANENT MAKEUP TECHNICIANS ?

What is OSHA, and do OSHA laws  affect permanent cosmetic makeup technicians?  OSHA  (hereinafter referred to as the "Standard") stands for Occupational Safety Health Administration. The Federal Government created this organization in 1970 in response to increased injuries and fatalities in the workplace. Their  mission is to "assure the safety and health of America's workers by setting and enforcing standards; providing training, outreach, and education; establishing partnerships; and encouraging continual improvement in workplace safety and health."

Notice the words "enforcing standards". Enforcement includes fines for non-compliance, up to $7000 per occurrence. Now, before you panic, who must comply with these federal laws? Would you believe this is actually determined by non other than the IRS. If you employ individuals in the workplace, pay taxes and social security for your employees, and conduct an employer/employee relationship as defined by the IRS, then you must comply with the Standard laws. If you are a self-employed, independent contractor, then you are not required to comply with the Standard. Please read the following taken directly from the official  website: "Nearly every working man and woman in the nation comes under OSHA's jurisdiction (with some exceptions such as ...... many public employees, and the self-employed)."  

So let's say you are a tattoo artist or permanent makeup technician, rent space in a shop, pay your own taxes, and do not have any employees working for you. In this scenario, you are not required to comply with the Standard. Another scenario: You work for a tattoo shop, don't pay rent but are paid a commission on your work. You pay your own taxes and receive a 1099 at the end of the year. You are not under OSHA because the employer/employee relationship is not met. Same scenario with a major difference: You work for a tattoo shop, are paid commission on your work, however your "employer" takes taxes and social security out of your check. Your shop (and you) now must comply with the Standard.

So let's say you ARE an employer of a tattoo or permanent makeup studio, with employees working for you. Must you comply with all of the  Standard? Technically yes, however it's important to note that most of the federal laws deal with factory workers, large equipment operators, construction, electrical workers, etc. Much of the Standard would not even apply to our industry. However there are things in the law that must meet compliance, for example, exits in your shop being lighted and marked, with no obstructions in the exit route in the event of an emergency or fire. Floors must be clean and dry to prevent falls, etc. Many of these laws are "common sense" type regulations. The employer of a tattoo shop or permanent makeup studio, would however, be mainly concerned with Standard 1910.1030 Bloodborne Pathogens. A copy of the Standard can be found on our site at the link listed  below.

Just a brief overview of 1910.1030. First of all, it requires a written exposure control plan. An example of an exposure control plan that I found on the CDC website can be downloaded at the link listed below.  The exposure control plan must be "site specific". In other words, written for YOUR facility.