(A) Each body art establishment shall comply with the following training responsibilities:
(1) Ensure that the training described in the State Occupational Safety and Health Administration’s blood-borne pathogens standard (currently found in 29 C.F.R. § 1910.1030) is provided to all body artists, anyone employed by the body art establishment, and anyone acting on behalf of the establishment who has a reasonably anticipated risk for skin, eye, mucous membrane, or parenteral contact with blood or OPIM;
(2) Ensure that training on the handling of infectious waste is provided to all body artists, anyone employed by the body art establishment, and anyone acting on behalf of the establishment who has a reasonably anticipated risk for skin, eye, mucous membrane, or parenteral contact with blood or OPIM;
(3) Ensure that a record of training, described in division (A)(1) above, is maintained, as required under the State Occupational Safety and Health Administration’s blood-borne pathogens standard (currently found in 29 C.F.R. § 1910.1030) of an individual’s participation in the training that is provided. The record shall be made available to the Health Department for inspection upon request; and
(4) Ensure that a record of training, described in subdivision (A)(2) above, is maintained.
(B) The body art establishment shall ensure that all body artists, anyone employed by the body art establishment, and anyone acting on behalf of the establishment who has a reasonably anticipated risk for skin, eye, mucous membrane, or parenteral contact with blood or OPIM, are provided personal protective equipment and expendables needed to implement the precautions required by this chapter and the IOSHA’s blood-borne pathogen standard.
(C) The body art establishment shall require all body artists, anyone employed by the body art establishment, and anyone acting on behalf of the establishment who has a reasonably anticipated risk for skin, eye, mucous membrane, or parenteral contact with blood or OPIM, to provide evidence or compliance with universal precautions training requirements contained in § 112.07.
(D) The body art establishment shall display written materials prepared or approved by the Health Department explaining universal precautions and patron’s rights under this chapter. These materials shall include information on how to report violations of universal precautions, and shall include information regarding the Department’s duties to investigate.
(E) The body art establishment shall ensure that no illegal drugs or alcohol are consumed or permitted in the body art establishment.
(F) The body art establishment shall develop a written policy in compliance with this chapter and the requirements of the IOSHA’s blood-borne pathogen standard that:
(1) Requires the use of universal precautions when performing body art and any activity or duty that includes any reasonably anticipated skin, eye, mucous membrane, or parenteral contact with blood or OPIM;
(2) Includes the safe handling of infectious waste; and
(3) Provides sanctions, including discipline and dismissal, if warranted, for failure to use universal precautions and/or handle infectious waste safely.
(G) The following information shall be kept on file on the premises of a body art establishment and available for inspection by the Department:
(1) Full name, date of birth, gender, home address, home/work phone numbers, and identification photos of all body art operators, body artists, and other employees;
(2) For each individual listed in division (G)(1) above, a detailed job description;
(3) Establishment name, hours of operation, and the owner’s name and address;
(4) A complete description of all procedures performed;
(5) An inventory of all instruments and body jewelry, all sharps, and all inks used for any and all body art procedures, including names of manufacturers and serial or lot numbers, if available, or as applicable; and
(6) A copy of this chapter.
(H) Licenses of all body artists and the body art establishment shall be prominently displayed in the body art establishment, and shall not be defaced or altered in any manner.
(I) The manager or operator of each body art establishment must be a minimum of 18 years of age.
(J) The body art establishment and body artists shall refuse service to any person who, in the opinion of the operator, is under the influence of alcohol or drugs.
(K) The body artist shall maintain a high degree of personal cleanliness, conform to hygienic practices, and wear clean clothes when performing body art procedures.
(L) In performing body art procedures, the body artist shall wear disposable medical gloves. The gloves shall be discarded, at a minimum, after the completion of each procedure on an individual client.
(M) If, while performing a body art procedure, the body artist’s gloves are pierced, torn, or otherwise contaminated, the contaminated gloves shall be immediately discarded and the hands washed thoroughly before a fresh pair of gloves are applied. Any item or other instrument used for body art, which is contaminated during the procedure, shall be discarded and replaced immediately with new ones before the procedure resumes.
(N) CONTAMINATED or INFECTIOUS WASTE, as defined in § 112.02, shall be handled as described below in §§ 112.19 and 112.20. Sharps ready for disposal shall be disposed of in approved sharps containers. Contaminated waste, which does not release liquid blood or body fluids when compressed or does not release dried blood or body fluids when handled, may be placed in a covered receptacle and disposed of through normal, approved disposal methods.
(O) Any skin or mucosa surface to receive a body art procedure shall be free of rash, infection, or any other visible pathological condition.
(P) (1) The skin of the body artist shall be free of rash, infection, or any other visible pathological condition.
(2) No person or operator affected with boils, infected wounds, open sores, impetigo, scabies, abrasions, exudative lesions, draining or open skin infections, acute respiratory infection, productive cough, nausea, vomiting, diarrhea, fever, jaundice, or any other symptoms of acute disease shall work in any area of a body art establishment in any capacity in which there is a likelihood of contaminating body art equipment, supplies, or working surfaces with pathogenic organisms.
(Q) Each body artist and body art operator should be able to provide the following information, upon request of the Department.
(1) Each body artist and body art operator has either completed, or been offered and declined, in writing, the hepatitis B vaccination series.
(2) Antibody testing has revealed that the employee is immune to hepatitis B.
(3) The vaccine is contraindicated for medical reasons.
(Ord. 2004-03, passed 2-2-2004) Penalty, see § 112.99