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Solaria - frequently asked questions

The following questions and answers have been prepared to assist in understanding the purpose, requirements and implementation of the Radiation Control Amendment (Tanning Units) Regulation 2009 for the control of commercial tanning units, commonly known as solaria or sun-beds. The Regulation commenced on 29 May 2009.

Why do tanning units (sun-beds) need to be regulated?

Tanning units (solaria) are built with light tubes that emit ultraviolet radiation for tanning purposes. This ultraviolet light can be several times stronger than the midday Australian summer sun.

As we know, ultraviolet radiation can damage the skin and cause certain skin cancers, such as melanoma. The more a person is exposed to ultraviolet radiation, the higher their risk of developing skin cancer.

There is an increased risk of skin cancer (melanoma) for those who first use suntanning units in their teens and twenties. This is the key reason why the Regulation seeks to restrict use to those over 18 years.

A voluntary code of practice - the Australia/New Zealand Standard AS/NZS 2635:2008: Solaria for cosmetic purposes - addresses safety and operational issues associated with solaria. However studies indicated that compliance with the code was very low, with fair skin and age restrictions and other safety procedures poorly implemented.

The application of regulatory options to this industry had been considered at the national level through the Australian Radiation Protection and Nuclear Safety Agency (ARPANSA) and the Radiation Health Committee.

For further information see the following websites:

www.health.nsw.gov.au

www.cancerinstitute.com.au

www.darksideoftanning.com.au

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 I) 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 eyewear 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 the 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 the Office of Environment and Heritage (OEH) with information and updated information about the name, location, contact details and number and type of tanning units within the specified time frames.

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 I) 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 the consent form about the health risks
• wear the safety eyewear
• 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), has prepared 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 is available at http://www.arpansa.gov.au/RadiationProtection/Solaria/index.cfm  and enables operators to demonstrate competency against the regulatory requirements.

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, a system can be established whereby clients sign and date the original 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.

OEH has included some general information on the website which explains the Fitzpatrick Skin Photo Type Classification System and a model form which can be used when assessing a client's skin type.

The online training prepared by the Australian Radiation Protection and Nuclear Safety Agency (ARPANSA) also provides guidance on assessing skin type. It explains 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 photo-sensitising medications or has a medical condition that could affect recommended tanning times
• use an exposure schedule, prepared by the manufacturer of the tanning unit, which is based on the Skin Photo Type of the client and the output of lamps in the tanning unit and specifies maximum times that 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 need to be tested?

There is no 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)?

OEH authorised officers may inspect commercial businesses operating tanning units to assess compliance with the Regulation at any time. A person who carries on a solaria business is obliged to produce records as required by the officer. Copies of records may be taken and a record may be made of any questions answered by the operator or the person who carries on the solaria business. 

OEH may take regulatory action regarding compliance with the Regulation such as issuing warning letters and penalty notices where determined.

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 enough 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 eyewear. The trained operator will be responsible for setting the tanning unit at the appropriate dosage for skin type (in accordance with the Australian Standard), 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 in 2012 to ensure that it is achieving the desired outcomes.

How can I find out more information?

If you need more information, please contact OEH, Hazardous Materials, Chemicals and Radiation Section on (02) 9995 5000 or 131 555.