Nail Salon Memo

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INTRODUCTION I was asked to research the nail salon regulations in New Jersey. This memo will address regulations the State of New Jersey has enacted regarding nail salons and whether there is anything the City of Elizabeth can do to make sure that the appropriate protocols are being enforced. I was also asked to review the legality of enacting ordinances to further regulate nail salons in the City of Elizabeth. In addition to reviewing the legality, if the City of Elizabeth was not preempted by state law.
ISSUES
1. Whether the City of Elizabeth can enact an ordinance to further strengthen state regulations on nail salons in New Jersey.
2. Whether the City of Elizabeth is preempted by State Law in regard to enacting ordinances of nail salon regulations.
SHORT ANSWERS
1. Yes. The main objective of the City of Elizabeth is to protect the health, safety, and welfare of its …show more content…

N.J.A.C. 13:28–3.1. However, the city could enact an ordinance for the use of gloves by employees in nail salons. Occupational Safety and Health Standards, 29 CFR §1910:138 (2016). Gloves will provide a barrier between the employee and the client or chemicals with which he or she is working with. Occupational Safety & Health Administration (OSHA) 3151-12R (2003). Gloves must be worn when cleaning and disinfecting work stations, transferring chemicals from different containers, and when assisting a client or employee in treating a cut or otherwise stopping bleeding. Id. In an effort to not restrict employees in rendering services to patrons, the ordinance will only make it necessary for gloves to be worn in the three instances stated above, and for all other scenarios the decision will be up to the employee’s discretion. Gloves should be replaced if they tear during the performance of the above activities and before each new

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