New requirements for cosmetic tanning units

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New requirements for cosmetic tanning units

Requirements of owners and operators of solaria

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Requirements from 14 March 2008

Requirements from 1 March 2009

Penalties for non-compliance

Why regulate solaria?

Checklist for operators of tanning units

Consent to exposure to UVR from a tanning unit (29KB PDF)

Requirements of owners and operators of solaria

Solaria operators and owners should be aware of two dates after which requirements will change. These are the 14 March 2008 and 1 March 2009.

Requirements from 14 March 2008

The Radiation Protection and Control (Cosmetic Tanning Unit) Regulations 2008 come into operation on the 14 March 2008.

These Regulations require owners and operators of tanning units to abide by the Australian and New Zealand Standard AS/NZS 2635:2002 Solaria for Cosmetic Purposes (the Standard). In addition to the requirements of the Standard, there are some other important requirements with which owners and operators of tanning units must comply.

These include:

1. All current owners of commercial tanning units must notify the EPA within 60 days from the 14 March 2008 of their:
   • full name and address
   • business name and address
   • number and type of tanning units.
2. Operators must not expose a person under the age of 18 to UV radiation.
3. Operators must not expose a person with skin type 1 to UV radiation.
4. The assessment of a client's skin type must be performed by the tanning unit operator using the consent form prescribed in the Regulations. The consent form must be signed by both the client and operator.
5. Tanning units must be maintained and serviced in accordance with the manufacturer's specifications.
6. Records such as client consent forms, maintenance and service, and tanning unit sales must be kept for a period of no less than two years.
7. A copy of the Regulations and the Standard must be kept on premises at all times. The Regulations are available from the South Australian legislation website. The Standard can be purchased from Standards Australia.

Requirements from 1 March 2009

The Radiation Protection and Control (Non-ionising Radiation) Regulations 2008 will come into operation on the 1 March 2009. These regulations require any person who operates a tanning unit to be licensed under the Radiation and Protection and Control Act. The twelve-month period before licensing is to enable tanning unit operators to obtain knowledge of radiation safety in the use of tanning units. A person must demonstrate an appropriate knowledge of radiation safety before a licence can be issued. At present there are no accredited training courses that are approved by the EPA, however the EPA is willing to work with the industry and educators in establishing an accredited course.

Penalties for non-compliance

Breaches of the Tanning Unit Regulations will carry a maximum penalty of up to $10,000. Failure to obtain a licence, when required under the Non-ionising Radiation Regulations, may result in a fine of up to $10,000. A breach of the licence conditions will carry a maximum penalty of up to $50,000, imprisonment for five years or both.

Why regulate solaria?

Surveys of solarium businesses conducted in a number of states, namely Victoria, Western Australia and South Australia, have found poor compliance with the Standard (AS/NZS 2635:2002 Solaria for cosmetic purposes) across the industry. In South Australia there was no legislation that mandated compliance with the Standard and the solarium industry was self-regulated.

Checklist for operators of tanning units

There are a number of important requirements of operators of tanning units that are detailed in both the Tanning Unit and Non-ionising Radiation Regulations. A checklist of what is required of operators is provided below.

Checklist for solarium operators:

	Understand and comply with the Radiation and Protection and Control (Cosmetic Tanning Unit) Regulations 2008 and the Radiation and Protection and Control (Non-ionising Radiation) Regulations 2008
	Understand and comply with the relevant sections of the Australian Standard AS/NZS 2635:2002 Solaria for cosmetic purposes
	Ensure that the owner of the business has notified the EPA of the business details
	Understand the different types and wavelengths of UV radiation and the emergency procedures in case of over-exposure to UV radiation
	Prohibit UV exposure to people under 18 years of age
	Prohibit UV exposure to people with skin type 1
	Ensure that the prescribed consent form in the Tanning Unit Regulations (Schedule 1) is used for every client and ensure that: You have checked the age of the client You have assessed the client for correct skin type You have assessed the client for any health conditions that may lead to an additional risk of UV damage You have clearly informed the client of the dangers of UV radiation You and the client have signed the consent form and have given the client a copy You keep this consent form for no less than two years
	Ensure eye protection is worn at all times during the exposure session
	Ensure the tanning units are kept clean and hygienic
	Ensure warning notices are displayed in accordance with the Tanning Unit Regulations
	Ensure the tanning unit is maintained and serviced in accordance with the manufacturers specifications and that records of the servicing are kept for two years
	Ensure that records of tanning sales are to be recorded
	You do not make claims of therapeutic benefit regarding tanning units
	Ensure that operators of tanning units have undertaken accredited training prior to 1 March 2009

This page was last modified 23-05-2008