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Requirements of owners and operators of solaria
Radiation Protection and Control (Cosmetic Tanning Unit) Regulations 2008
The Regulations require owners and operators of tanning units to abide by the Australian Standard AS/NZS 2635:2008 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:
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All owners of commercial tanning units must notify the EPA within 60 days of commencing to carry out such a business of their:
- full name and address
- business name and address
- number and type of tanning units.
- Operators must not expose a person under the age of 18 to UV radiation.
- Operators must not expose a person with skin type 1 to UV radiation.
- 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.
- Tanning units must be maintained and serviced in accordance with the manufacturer's specifications.
- 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.
- A copy of the Regulations and the Standard must be kept on premises at all times. The Standard can be purchased from Standards Australia.
Radiation Protection and Control (Non-ionising Radiation) Regulations 2008
These Regulations require any person who operates a tanning unit to be licensed under the Radiation and Protection and Control Act 1982. The 12-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 2635:2008 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:
- Ensure that all operators of tanning units are licensed by the EPA.
- 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 2635:2008 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
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Ensure that the prescribed consent form is used for every client and ensure that you have:
- checked the age of the client
- assessed the client for correct skin type
- assessed the client for any health conditions that may lead to an additional risk of UV damage
- clearly informed the client of the dangers of UV radiation
- signed and asked the client to sign the consent form, and have given the client a copy
- this consent form on record 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.
New warning signs for tanning businesses
Tanning businesses in South Australia have been provided with new warning signs to raise public awareness of solaria regulations.
Under the Radiation Protection and Control (Cosmetic Tanning) Regulation 2008, all businesses with tanning units in South Australia are required to display health warnings stating that solariums can potentially cause skin cancer.
If you are a new operator and would like to receive the new sign, please contact the EPA on (08) 8204 2004.
Last modified: 10/01/2012 01:20 pm
