Copy:  Texas Department of Licensing and Regulation
            P.O. Box 12157
            Austin, Texas  78711
            Commissioners:
                   Frank Denton, Chair
                   Mike Arismendez, Vice Chair
                   Lewis Benavides
                   LuAnn Roberts Morgan
                   Fred N. Moses
                   Lilian Norman-Keeney
                   Deborah Yurco

   Date:  August 28, 2010

     RE:  Proposed Revision to Barber Rule 82.71(g) 

Esteemed Commissioners:

I am concerned that reductions in barber shop sanitary facilities (such as sinks for handwashing) since 2002 promotes the spread of disease pathogens amongst the general public. I am particularly concerned about the unwarranted and faulty notion that liquid hand sanitizers are capable of replacing handwashing with soap and water.  It is a notion discouraged by authorities including the manufacturers of liquid hand sanitizers. 

Cosmetology Rules do not require sinks for hand washing at any work station.  I asked an owner of a cosmetology franchise shop about this and was told his people  "wash their hands on their customer's hair while doing the pre-haircut shampoo, and that should be sufficient."   In my experience, it seems to be a common practice in both cosmetology and dual-licensed shops.    I question whether the any regulatory agency would consider this a proper sanitary practice. 

I recommend TDLR Rule 82.71(g) be changed from: 

(g) A shop shall provide for the use of individuals who work in the shop at least one sink, wash basin, or hand sanitizer for every three chairs or stations. 

to: 

(g) A shop shall provide for the use of individuals who work in the shop at least one sink or wash basin and container of liquid soap for every two workstations, and it shall be located in or adjacent to each workstation. 

Here is the marked-up text as required by TDLR Procedural Rules 60.102:

(g) A shop shall provide for the use of individuals who work in the shop at least one sink or wash basin, and container of liquid soap [or hand sanitizer] for every two workstations [three chairs or stations] and it shall be located in or adjacent to each workstation. 

Three reasons for this change are: 

1) Handwashing facilities need to be conveniently located to encourage use by barbers.

Page 31 of the monograph at:
http://www.jointcommission.org/
NR/rdonlyres/68B9CB2F-789F-49DB-9E3F-2FB387666BCC/0/hh_monograph.pdf 
lists the primary reasons why hands are not always washed when necessary, including:
"Sinks are inconveniently located/shortage of sinks"
     Essentially, handwashing sinks need to be present and available when their hands are dirty, or else the barbers cannot/will not wash their hands. 

2) The option for equipping barber shops with Only Hand Sanitizers is inappropriate, because sometimes hand sanitizers are contaminated and should not be used at all. Recent FDA warnings of contaminated products include:

* Clarcon, June 2009 FDA warning:
www.youtube.com/watch?v=_8rkLiIMhOk
http://www.fda.gov/NewsEvents/Newsroom/PressAnnouncements/ucm164863.htm
"The U.S. Food and Drug Administration announced today that Clarcon Biological Chemistry Laboratory Inc. of Roy, Utah, is voluntarily recalling some skin sanitizers and skin protectants marketed under several different brand names because of high levels of disease-causing bacteria found in the product during a recent inspection. The FDA is warning consumers to not use any Clarcon products."

* MD Quality hand sanitizer -- March 2010 FDA warning
* Bee-Shield hand sanitizer -- March 2010 FDA warning
http://www.fda.gov/NewsEvents/Newsroom/PressAnnouncements/ucm202955.htm
"The U.S. Food and Drug Administration is warning consumers in Puerto Rico that two hand sanitizers – "Bee-Shield Hand Sanitizer” with Aloe Vera (10 fl. oz. or 1 gallon bottles) and “MD Quality Hand Sanitizer” with Aloe Vera (10 fl oz. bottles) – contain high levels of a bacteria, Burkholderia cepacia, that can cause serious infections in humans." 

3)  Hand sanitizers are designed and intended by their manufacturers to be used only where soap and water is not available. They are not intended to be used as replacements for handwashing, such as occasions after a barber applies gel to a customer's hair, or when his hands are covered with bits of hair, dandruff, shaving cream, after shave, or hair tonic. 

* Purell -- http://www.purell.com/page.jhtml?id=/purell/include/facts.inc
"What is the proper way to practice hand hygiene? Use soap and water, especially when hands are visibly dirty. Wash hands with soap and water for 15 to 20 seconds. When soap and water are not available, use an alcohol-based hand sanitizer. Apply enough product to thoroughly wet hands, then rub hands together briskly until dry. "

* Germ-X -- http://www.germx.com/faq_detail.aspx?id=6#49 
"You can use Germ-X® hand sanitizer or Germ-X® soft wipes when soap and water are unavailable."

* Infectiguard -- http://www.infectiguard.com/faq.html
"Wash your hands often, either with soap and water, or a waterless hand sanitizer when soap and water are not available." 

History of the sinks-to-chair ratio in the TAC Barber Rules since 2002: 

Jan 2002 -- 1 sink/2 chairs
Jan 2003 -- 1 sink/3 chairs --- The rule was changed in January 2003 because, as the Texas Register records, "The amendments clarify that barber shops shall have not less than one sink per three (rather than two) chairs whereas barber schools/colleges shall have not less than one sink per two chairs." 
That is a poor and inadequate justification for a rule change that negatively affects public health. 
Sep 2005 -- 1 sink/3 chairs
Dec 2005 -- 1 sink/3 chairs, or 1 hand sanitizer/3 chairs
Feb 2006 -- no sinks at all, other than one in the shop somewhere, for all employees
Aug 2006 to now -- 1 sink/3 chairs, or 1 hand sanitizer/3 chairs --- According to the Texas Register: "New language is added to §82.71(g) to require, for the use of individuals who work in the shop, that a shop provide at least one sink, wash basin, or hand sanitizer for every three chairs.  This requirement is similar to language that was in the rules prior to changes in sanitation provisions effective March 1, 2006. Licensees are required to wash their hands or use a liquid hand sanitizer in between each client, and the Department believes that it is necessary also to require shops to have adequate facilities for doing so."

Barber Schools currently provide sinks to students in this manner (one sink to two workstations), and Barbers were obliged to do so until 2003. Since liquid hand sanitizers are an inadequate substitute for hand washing with soap and water, and since the general public is best served when barbers perform their services with hands that are properly cleansed and hygenic, I recommend that TAC 82.71(g) be changed to require all barber shops to have a sink with soap and water be in or adjacent to each barber's work station. 

Thank you,
David King