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Health Bylaws

H  C  S  B  C

(Registered under the Labour Relations Act, No. 66 of 1995)

(seminational)

Fax: 011-760-1274 Tel: 011-760-1685
P.O. Box 1963, Roodepoort, 1725 15 Edward Street, Roodepoort, 1724
 
TO: ALL Employers - ALL Regions Notice : Feb 2006
!!!!! IMPORTANT NEWS – HEALTH BYLAWS !!!!!

We have received a lot of correspondence from Inspectors from the Department of Labour who have been very busy lately visiting salons to check on different aspects of compliance, one of which is whether salons are complying with the Health & Safety Act in terms of the NEW Health Bylaws introduced recently. In order to assist you we list hereunder the requirements, as taken from the Health Bylaws for the City of Johannesburg, which must be complied with by all salons operating in this municipal area. They are as follows:

Extract taken from the Public Health Bylaws – City of Jhb Metropolitan Municipality *:
“Chapter 8 – Hairdressing, Beauty & Cosmetology Services:

52. Permit Requirement
  No person may operate a salon except in terms of a permit authorising that activity. *
  * You will need to contact your LOCAL Municipal Office to obtain a copy of the Health Bylaws relevant to the Municipal area in which you are trading, as we have been notified that most areas must have a Health Permit. And you will need to investigate the costs thereof and pay same to your local municipal office, as these differ from area to area. (Note: Should you operate in more than 1 area you will need to check the bylaws for each area in which you trade with that area’s respective municipal office.
53. Requirements for Premises
  No person may operate a salon on any premises which do not comply with the following requirements:
a) Adequate lighting and ventilation, as prescribed in the National Building Regulations and Buildings Standards Act, must be provided;
  b) all shelves, fixtures and table tops on which instruments are placed must be constructed of an approved material that is durable, non-absorbent, and easy to clean;
  c) water & toilet facilities must be provided as prescribed in the National Building Regulations & Building Standards Act;
  d) adequate facilities, with a supply of running potable water, must be available for the washing of hair and hands;
  e) an approved system for the disposal of waste water must be provided;
  f) adequate storage facilities must be provided;
  g) the walls and floors must be constructed of a material that is easy to clean and which prevents cut hair from being dispersed; and
  h) the premises may not be used for the storage and preparation of food or for sleeping unless any area for that purpose is clearly separated by an impervious wall.
  i) adequate separate change-rooms for males and females, where five or more persons of the same sex are employed, must be provided containing-
    i) an adequate metal locker for every employee;
    ii) a wash-hand basin provided with a supply of running hot and cold potable water; and
    iii) an adequate supply of soap and disposable towels at every wash-hand basin;
  j) if no change-room has been provided in terms of paragraph (i)-
    i) a wash hand basin with a supply of running hot and cold potable water must be provided in an accessible position; and
    ii) an adequate metal locker must be provided for every employee in the work area.
54. Duties of Salon Operators
  Any person operating a salon must-
  a) maintain the premises, tools, equipment and clothing in a hygienic and good condition at all times;
  b) equip the premises with an adequate means to disinfect and sterilise instruments and equipment that may come into direct contact with any customer’s hair or skin;
  c) provide employees on the premises with approved protective clothing and equipment;
  d) collect all hair clippings and other waste in an approved container after every service;
  e) store or dispose of waste in an approved manner;
  f) adequately train any person working on the premises;
  g) not permit any animal on the premises unless it is a guide dog accompanying a blind person; and
  h) ensure that every person working in the salon complies with the requirements of this section and sections 55 & 56.
55. Required Minimum Health Standards for the Operation of a Salon
  Any person operating or employed in, a salon must take the following measures-
  a) Adequately disinfect the following instruments after each use:
    i) Razors;
    ii) blades;
    iii) nail files;
    iv) scissors;
    v) clippers;
    vi) hairbrushes;
    vii) combs;
    viii) bristle brushes;
    ix) metal clips;
    x) rollers;
  b) Adequately sterilise the following instruments after each use:
    i) Any instrument used for body piercing or tattooing;
    ii) any instrument which has come in contact with blood or any other body fluid;
  c) wash and clean all plastic and cloth towels after each use;
  d) dispose of all disposable gloves or other disposable material after each use;
  e) wash all aprons and caps daily;
  f) wash his or her hands with soap and water or disinfectant before and after rendering each service to a client;
  g) wear disposable gloves when providing one of the following salon services:
    i) Any chemical service;
    ii) any hair implant;
    iii) body piercing;
    iv) tattooing;
  h) wash all walls, floors, chairs and other surfaces in the premises at least once a day with a disinfectant or household detergent;
  i) dispose of all waste water, sharp instruments, bloodied or otherwise contaminated towels and towelling paper in an approved manner;
  j) store razors, blades, needles and other sharp instruments separately in a “sharp instrument” box;
  k) adequately treat any injury or wound which may occur on the premises;
  l) clean and disinfect all surfaces that have been contaminated by blood after each service; and
  m) keep an approved first aid kit on the premises at all times. (See # Below)
56. Prohibition against the use of Salon Premises for Other Purposes
  (1) Any person operating a salon must ensure that the premises are used exclusively for that purpose.
  (2) Any person who wants to prepare any beverage for customers on the premises of a salon, must provide a separate area, equipped with a facility for cleaning crockery and utensils, for that purpose.
# In order to assist salons to comply we recently negotiated with FMS Fire & Medical Services to supply APPROVED First-Aid Kits to the industry at a specially discounted price of R350-00 (excl VAT) (Note: this SPECIAL Offer will ONLY be valid for the next 6 months – i.e to the end of July 2006 and the price thereof will then be revised after this period expires). The Kit available from them contains the following items:
- 1 x 50ml Savlon/Dettol - 1 x Gauze Swabs (Non-Woven)
- 2 x Sterile Gauze (5’s) (Non-Woven) - 1 x Forceps
- 1 x Bandage Scissors - 1 x Safety Pins
- 4 x Triangular Bandage (Non-Woven) - 4 x Conform Bandages (75mm)
- 4 x Conform andages (100mm) - 1 x Plaster Roll (25mm x 3m)
- 1 x Paper Tape - 1 x Plasters Assorted (20’s)
- 4 x First Aid Dressing No. 3 - 4 x First Aid Dressing No. 5
- 2 x Straight Splints - 4 x 2 Medium AND 2 x Large Latex Gloves
- 2 x CPR Mouth Pieces - 1 x Cotton Wool
Should you wish to purchase a 1st Aid Kit from FMS kindly contact Mr. Deon Nel on his Cell No. 0828841667 or Fax your order to (011) 979-1006 or Email it to deonfms@absamail.co.za. (Delivery to salons in Gauteng is free, however salons based in outlying regions will be responsible for the courier costs).
       
Please also NOTE that should a Labour Inspector ask, that it is NOT necessary for salons to have the BCEA (Basic Conditions of Employment Act) displayed, as ALL establishments in the hairdressing industry in our jurisdiction, MUST abide with the terms and conditions as prescribed in our Main Collective Agreement, and NOT those of the BCEA. Our October 2005 Notice refers, wherein it states:
“ALL Employers must please kindly ensure that the Main Collective Agreement, as forwarded to you in May 2005, is kept available in your establishment and is also made readily available and ACCESSIBLE to ALL of your Employees. This is as prescribed in terms of Clause 26.4 of our Main Collective Agreeement, which reads:
26.4 “Every employer shall be obliged to make available a legible summary of the provisions of this Agreement in the establishment, which shall be readily accessible to all employees.”
 
Best Regards.

Julian Wood
General Secretary
       
Add In
Note – salons don’t have to have the BCEA displayed but please make sure that you have a collective agreement easily accessible to all employees in the salon.

The Council has compiled Employment Contracts – should you require same please contact our offices or an agent for your area.

Problems with unallocated monies – deposit – ref – fax thru with your monthly return along with any staff adjustments – new form – is NB as amounts sometimes don’t tally against info on our files – then goes into suspense account and only allocated to your salon once all adjustments made etc – fax return with adjustments – arrears etc.
       

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