January 20, 2005

Surprise inspections yield hefty fines for nail salons

Over $70,000 in fines stem from 731 safety violations issued in Santa Clara

By Kymberli W. Brady
Staff Writer

On Friday, Jan. 14, the State Board of Barbering and Cosmetology re-leased the results of its ongoing investigation into the safety of nail salons following mounting reports from women who had developed pedicure-related infections.

During the sting, inspectors arrived unannounced at 112 Santa Clara County nail salons and issued 731 violations including 315 spread throughout 69 shops in San Jose, where the outbreak originated. The citations also came with over $70,000 in fines.

Only three salons survived the grueling 67-point inspection unscarred, but officials have yet to release the names.
When the story first broke on Nov. 25 in the Almaden Times, only a handful of women had come forward and steered health officials toward Kathy Nails on Almaden Expressway, Silver Nails on Blossom Hill Rd., and Nails National on Snell Avenue. For years, the three salons have enjoyed a large Almaden clientele, including those now plagued with the festering sores that could scar them for life and are being forced to spend up to a year on strong antibiotics with even stronger side effects.

Since then, more than 130 complaints have been filed, implicating 27 salons, with 28 others now also on the radar screen, making this outbreak larger than the one that afflicted 110 women in Watsonville three years ago—one that quickly prompted the County Health Department and the State Board of Barbering and Cosmetology to take action.

Water samples collected by health officials last month revealed elevated levels of bacteria called mycobacteria furunculous that was the most likely culprit. The slow-growing isolates are hyper virulent and thrive in the warm swirling waters of spa footbaths and lurk within the difficult-to-access and often poorly cleaned filters that make them the perfect breeding grounds.

While some of the citations issued reprimanded salons for minor issues such as not having drawers properly labeled or prominently displaying current licenses, more disturbing facts arose.

Of the 69 salons in San Jose alone, 11 were cited for either being unlicensed establishments or using unlicensed manicurists, including Ninety’s Nails on Branham and Kathy Nails. With it they receive a hefty $500 fine. That could grow to $750 or $1,000 for repeat offenses.

Almaden Nails received nine violations—many repeat offenses, including cosmetics not in clean/closed containers, removing cosmetic preparations causing contamination (second offense), no manufacturer-labeled container for disinfectant (third offense), no manufacturer-labeled container for disinfectant (third offense), soiled non-electrical instruments not in labeled receptacles.

Kathy Nails however, brought in the most with 12 infractions in all.

More alarming is the fact that 31 salons—nearly half—were cited for improper cleaning of the spa footbaths.

Other more worrisome violations have left many wondering if pretty toes are worth the risk, especially when you see salons getting tagged for not having any disinfectant solution “available for use,” and you’re already soaking in the tub.

Under section 974.2 of the Business and Professions Code, each of the licensees will have 30 days to appeal the citations before they will be considered final, but not before appearing in front of the Disciplinary Review Committee, who will render their decision in writing and it will be considered final 30 days later.

According to state cosmetology board spokeswoman Patti Roberts, the key to successful prevention is in education. Three weeks ago, they launched a letter campaign to over 30,000 licensees and consumers in three languages

“Santa Clara County is launching an education campaign for consumers, as well as licensees,” Roberts says. “We want them to know what to look for and what questions to ask. We sent letters to all the licensees in English, Spanish, and Vietnamese so we can reiterate what the proper procedures and regulations are and how they need to be followed. Were also asking consumers to be aware, as we do outreach to all our licensees.”

See a list of Almaden-area salons with the Board of Barbering and Cosmetology violations and fine schedule, at bottom of page

New California regulations highlight what to look for

Every spa must be drained between each spa pedicure and cleaned with soap and water, and then followed with an approved disinfectant.

At the end of the business day, the footspa screen (filter) must be cleaned with a disinfectant and debris removed. The spa system must be flushed with soap and water for at least 10 minutes.

Every two weeks, the spa system must go through a more thorough cleaning regimen, which includes a minimum six-hour minimum soak in a bleach solution every other week. The basin must soak in the solution for at least six hours.

Guidelines for good sense
No one wants to put the nail salons out of business. Nor do they want to forego their pedicures. However, using common sense and good judgment, according to health officials will go a long way toward returning home safe and sound. Use common sense. If you don’t get a good feel about the salon, leave.

Take a good look at the license when you enter the salon. Make sure it is current and prominently displayed in the reception area.

Look for a poster from the state board that contains health and safety rules. It is required in every salon and should be posted in the reception area.

Make sure the individual operator’s license is posted at his or her workstation. In California, operators must have their licenses displayed at all time and it must be posted at his or her workstation.

Ask to look at the salon’s cleaning log.

Check for overall cleanliness, including sanitized instruments. Are they completely submerged in the disinfectant?

Operators are required to sanitize instruments after each client by soaking them in the solution for at least 10 minutes.

Ask the operator to show you how the spas and instruments are cleaned. If they don’t want to show you, it may be a warning sign.

Do not shave before the appointment, as it increases the chances of infection. Nicks and cuts are easy gateways for bacteria. For the same reason, do not get a pedicure if you have broken skin or lesions on your lower legs.

Microtrauma from shaving is being partially blamed for the severity of the infection many women are experiencing during this current outbreak.

Additionally, requesting a portable footbath [or bringing your own] will carry less risk of infection and provide a safer alternative. Consider bringing your own emery boards, toe separators, and other disposable items with you as well for added peace of mind.

The Public Health Department has been working with the California Department of Consumer Affairs Barbering & Cosmetology on the current outbreak, offering consumer tips on whirlpool foot spas. For more information, visit www.barbercosmo.ca.gov or call 1.800.952.5210. Complaints can be filed online or by calling the Santa Clara County Health Department at (408) 885-3980. Those who do not have a physician or have additional questions can call the Public Health Information Line at 408.885.3980. To report a problem with a salon, contact the state Department of Consumer Affairs at (800) 952-5210.