australasian solarium association
news, opinions and advice for our members
Notification of solaria location and details
The Radiation Control
Amendment (Tanning Units) Regulation 2009, requires a person who carries
on a solaria business in NSW to provide certain information in writing
to Department of Environment and Climate Change (DECC).
This information will be used by DECC to compile a database so that it can issue educational materials, details of training and inform regulatory activities such as compliance audits.
A person who carries on a solaria business can be an individual (or individuals) or a company.
This information must be provided:
(i) within 6 months of the commencement of the Radiation Control
Amendment (Tanning Units) Regulation 2009, if the business is an
existing business;
(ii) within 2 months of the commencement of this Amendment Regulation if
the business is a new business;
(iii) within 30 days of any change in the information previously
provided.
Please complete the solaria notification form:
- online (below)
OR
- on paper (NotificationFormSolaria.pdf,
82kB) and:
mail to
Hazardous Materials and Radiation Section
Department of Environment and Climate Change
PO Box A290
Sydney South NSW 1232
or:
fax to (02) 9995 6603
- email the details to: radiation@environment.nsw.gov.au
Solaria - skin type assessments
Conducting and recording skin type assessments
The following information is taken from the Victorian Department of Human Services, 'Guide to Requirements for Solaria in Victoria', February 2009, on http://www.health.vic.gov.au/environment/downloads/radiation/ctu_guidelines.pdf and is to be used for guidance purposes only.
General requirements for assessments
A trained member of staff must carry out an assessment of a person's skin type under the Fitzpatrick Skin Photo Type Classification system before that person is allowed to undertake a tanning session at the solarium.
According to the Fitzpatrick Skin Photo Type Classification System, there are six classifications of skin types against which persons are to be assessed:
-
Skin Type I - means skin which always burns and never tans (pale white skin)
- Skin Type II - means skin which always burns easily and tans minimally (white skin)
- Skin Type III - means skin which burns moderately and tans uniformly (light brown skin)
- Skin Type IV - means skin which burns minimally and always tans well (moderate brown skin)
- Skin Type V - means skin which rarely burns and tans profusely (dark brown skin)
-
Skin Type VI - means skin which never burns (deeply pigmented dark brown to black skin)
If, as a result of the skin type assessment conducted by a trained member of staff, it is determined that a person has Skin Type I , the person must not be allowed to undergo exposure to ultraviolet radiation from a commercial tanning unit.
Where a person is assessed as Skin Type II, Skin Type III, Skin Type IV, Skin Type V, or Skin Type VI, the skin type classification is used to determine that person's maximum exposure time as specified in the Regulation:
| Column 1 | Column 2 |
|---|---|
| Skin Type MED | MED |
| Skin Photo Type II | 250 Joules/m2 |
| Skin Photo Type III | 300 Joules/m2 |
| Skin Photo Type IV | 450 Joules/m2 |
| Skin Photo Type V | 600 Joules/m2 |
| Skin Photo Type VI | 1,000 Joules/m2 |
MED (minimum erythemal dose) for a particular skin
type, specified in Column 2, means the amount of ultraviolet radiation
specified in the Australian/New Zealand Standard AS/NZS 2635:2008:
Solaria for cosmetic purposes, that may cause a perceptible reddening of
the skin for the skin type listed in Column 1.
Staff training for assessments
Staff must have participated in training on a range of specified matters including how to determine a person's skin type and to determine which people are at increased risk of harm from exposure to ultraviolet radiation from a commerical tanning unit.
Conducting and documenting assessments
The solaria should have documentation for performing and recording skin type assessments. The form should be clearly labelled 'For completion by Solaria staff only' or similar wording.
As a basic minimum, the solarium's form for skin type assessments should have descriptions/criteria/questions for classifying the 6 skin types.
In order to assess a person's skin type the operator conducting the assessment will need to seek information regarding such matters as:
-
the person's physical characteristics (e.g. natural hair colour, colour of unexposed skin)
-
extent of unexposed freckles
-
history of past exposure to the sun (e.g. reaction of skin to sun exposure, sensitivity of the face to the sun)
-
how easily does the person tan
-
how often does the person tan
-
when did the person last tan.
It is recommended that the skin type assessment form include a set of questions covering the above points and other related matters.
Skin type assessments must be performed by a member of staff who should fully complete the solaria's skin type assessment form with the client providing personal information as required.
The client should not fill in the required information or details on the form. This information should be recorded by the staff member. Self-assessment by a client is not allowed and the solarium's form must not lend itself to self-assessment by, for example, inviting clients to do their own skin type assessment.
After the member of staff has assessed a person's skin type, the result of the assessment should be recorded on the skin type assessment form. The form should also have provision for the staff member to print and sign his/her name and note the date of the assessment.
The result of a client's skin type assessment should be readily accessible by the staff at the solaria so that it can be used by the staff in determining the maximum duration of the client's exposure to ultraviolet radiation from the tanning units.
Model skin type assessment form
A skin type assessment form (SkinTypeAssessmentForm.pdf, 16KB) that satisfies the above guideline can be downloaded as a model form for general guidance and possible use by solaria. Please note that the total skin type score derived from the table in the form should be treated as a guide only. Staff will still need to check that the score result represents a correct outcome and that the classification is the appropriate one for the person being assessed.
Solaria - frequently asked questions
Radiation Control Amendment (Tanning Units) Regulation 2009
The following questions and answers have been prepared to assist in understanding the purpose, requirements and implementation of the Regulation for the control of commercial tanning units, commonly known as solaria or sun-beds.
Why do tanning units (sun-beds) need to be regulated?
For further information see the following websites:
www.cancerinstitute.com.au (www.darksideoftanning.com.au)
What do the provisions under the Amendment Regulation mean for businesses that already have tanning units?
In accordance with the Regulation, businesses that already have tanning units will need to ensure that:
-
usage of the tanning units is limited to persons over 18 years
-
there is an assessment of skin type conducted by a trained operator, and persons with type 1 (fair) skin (that burns and never tans) are not permitted to use these units
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persons using these tanning units have read, understand and sign a consent form which indicates the risks associated with the use of the tanning units
-
there are appropriate warning notices displayed
-
operators of these tanning units are appropriately trained
-
persons using tanning units receive no more than the amount of UV radiation specified in the Australian Standard
-
persons using tanning units are not exposed within 48 hours of a previous session
-
the sessions are supervised
-
persons using tanning units wear protective eye-wear as per the Australian Standard
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records including signed acknowledgment forms, details of maintenance or servicing of these units, details of the sale or transfer of units, and details of training undertaken are kept on the premises
-
copies of the Regulation and Australian Standard are kept on the premises
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no representations or claims are made about non-cosmetic health benefits from the use of a tanning unit or that the use of a tanning unit is safe from risk
-
no representations or claims are made that tanning sessions can be provided more often or at a higher dosage than allowed under the Regulation
-
information is supplied indicating the name, location and contact details of the business and the number and type of tanning units at this location.
Many businesses may already be following many or all of these practices, however all solaria must now comply with these requirements.
Who is liable for an offence under the Regulation: operators or the owners of the business?
Either or both are liable depending on the nature and circumstances of the offence.
Operators are liable for offences relating to matters under their control such as safety procedures on how the sun-beds are used/operated. For example, they could be liable for:
- allowing persons under 18 years or with fair (type 1) skin to use a tanning unit
- allowing persons to use a tanning unit without those persons having read, understood and signed a written consent form
- exposing a person to ultraviolet radiation above the recommended amount
- exposing a person to ultraviolet radiation more than once in a 48 hour period
- allowing a person to use a tanning unit without wearing protective eye-wear that complies with the Australian Standard
- allowing more than one person to use a tanning unit at a time.
Owners of the business could be liable for offences relating to the control of premises. For example, they could be liable for not:
- having appropriate warning notices
- properly maintaining the tanning units
- ensuring that operators are trained and tanning sessions are supervised
- ensuring that certain safety procedures are in place.
They could also be liable for:
- misrepresenting or making claims about non-cosmetic health benefits from use of a tanning unit or that use of a tanning unit is safe from risk
- misrepresenting or making claims that tanning sessions can be provided more often or at a higher dosage than allowed under the Regulation
- not providing DECC with information and updated information about the name, location, contact details and number and type of tanning units within the specified timeframes.
While most of the responsibilities lie with those who provide solaria services, the users of solaria should also ensure that they:
- do not use a tanning unit if they are under 18 years or have fair (type 1) skin
- inform the operator if they burn easily, are pregnant, have ever been treated for a skin condition or have an allergy or reaction to light
- carefully read and understand the information provided on warning notices and consent form about the health risks
- wear the safety eye-wear
- limit exposure to one session within 48 hours
-
terminate a session if they feel uncomfortable.
Who provides the training for the operators of tanning units?
The Regulation does not limit training provided. However, as part of the national approach, the Commonwealth, through the Australian Radiation Protection and Nuclear Safety Agency (ARPANSA), is preparing a web based training program to enable operators to be trained in a number of issues relating to the Australian Standard: Solaria for Cosmetic Purposes. The module should be available towards the end of 2009 to enable operators to demonstrate competency against the regulatory requirements.
The provision in the Regulation relating to training has a deferred commencement date of 12 months from the commencement of the Regulation (29 May 2010), to allow owners time to arrange for appropriate operator training.
Does a consent form have to be completed every time a person attends a tanning session? For example, when someone signs up for a package of sessions.
The Regulation requires a consent form to be signed for each tanning session. It will be the responsibility of solaria owners to establish a system for ensuring that clients read, understand and sign the consent form prior to each tanning session and that a copy of these forms is kept on the premises.
In the case of multiple tanning sessions, an system will need to be established whereby clients sign and date the consent form each time they visit. They will not be required to read the consent form every time they have a tanning session, provided they read and understand it prior to the first tanning session.
How will operators know how to assess a client's skin type?
Operators should refer to information in the Australian Standard: Solaria for cosmetic purposes for information about undertaking skin assessment.
DECC has included some general information on the website which explains the Fitzpatrick Skin Photo Type Assessment system and an example of a form which can be used when assessing a client's skin type.
The online training being prepared by the Australian Radiation Protection and Nuclear Safety Agency (ARPANSA), will also provide guidance on assessing skin type. It will explain that an operator must:
- accurately determine the client's Skin Photo Type
- determine factors that could eliminate or reduce the appropriate exposure time, such as checking whether a client is taking photosensitising medications or has a medical condition that could affect recommended tanning times
- use an exposure schedule, prepared by the manufacturer of the tanning unit. The schedule is based on the Skin Photo Type of the client and the output of lamps in the tanning unit. These maximum times should never be exceeded
-
after using the exposure schedule to determine time settings, use the timer on the tanning unit for the reliable control of the exposure.
Will tanning units be required to be tested?
There will not be a requirement for mandatory routine testing of tanning units, however owners of solaria businesses must ensure that their units meet the manufacturer's recommendations and they must not expose a person to more than the dosage defined by the regulation (0.9 MED - minimum erythemal dose as defined in the Australian Standard).
How will implementation be monitored (i.e. will there be inspections)?
DECC has written to all solaria owners outlining the new requirements and asking them to complete a Notification Form providing information about their location, contact details and the number of type of tanning units at each premises. DECC's initial approach will be to support and provide educational material to assist solaria owners in ensuring they implement any necessary changes to bring them into line with the new requirements. Later, DECC will be undertaking audits of premises operating commercial tanning units to determine compliance with the Regulation.
How will the Regulation affect those businesses that have coin-operated or token operated tanning units?
These businesses will need to ensure that they have sufficient trained staff to supervise each tanning session. This involves undertaking a skin assessment of the client, ensuring that the client reads, understands and signs a consent form and is given and uses appropriate protective eye-wear. The trained operator will be responsible for setting the tanning unit at the appropriate dosage for skin type (in accordance with the Australian Standard), for terminating the session and recording the dosage given and the date of the tanning session.
When will the Regulation be reviewed?
The Regulation will be reviewed after 3 years to ensure that it is achieving the desired outcomes.
How can I find out more information?
If you need more information, please contact the Department of Environment and Climate Change on 131 555.
Media Contacts and Enquiries:
Mark Koennemann Technical Advisor Committee Member Standards Australia Postal address Australasian Solarium Association, 4/42 Portland Crescent Maroubra, NSW 2035 Electronic mail asa@swiftdsl.com.au info@solariumassociation.infoWebmaster: Patrick J. Holly
Disclaimer
The Australasian Solarium Association accepts no responsibility for the content of this web.
Any opinions expressed in this web are the personal opinions of the owner of the page and they do not necessarily reflect the official position of the Australasian Solarium Association.
