Notice of Adoption of Emergency Regulations and Notice of Proposed Regulations

NEW YORK STATE DEPARTMENT OF STATE

New Regulations for Nail Salon Owners and Workers in New York State

In May 2015, 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. Governor Cuomo assembled a multi-agency Task Force consisting of representatives from the Department of Labor, Department of State, and Department of Health to implement the reforms which include 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: http://www.dos.ny.gov/licensing/appearance/ventingreg.html. 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 at: http://www.dos.ny.gov/licensing/appearance/nailsalons.html

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: http://www.dos.ny.gov/licensing/appearance/Clean%20Inspection%20Information_FINAL100316_01_ACr.pdf. 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

Section 160.39.Notification of Proceeding to Direct Cessation of Unlicensed Activity  

19 NYCRR § 160.9 Bond or Liability Insurance

Section 160.11. Owner Responsibilities

Section 160.20 Hygienic Practices