Edition 81, August 2010

New ACT laws to regulate tanning units in solaria

New ACT laws to regulate tanning units in solariaACT Health Minister, Katy Gallagher has announced amendments to the Radiation Protection Regulation 2007 that will regulate the use of tanning units in solaria in the ACT. These new regulations will come into effect on 17 November 2010.

"The effect of the amendments is to require that tanning units, commonly referred to as sunbeds, will need to be registered as a source of radiation.

Furthermore, persons who possess a tanning unit used in a solarium, whether as owner or as a lessee, will require a licence, as will operators of tanning units in solaria." Ms Gallagher said.

The amendments impose a range of obligations on those in the solaria industry designed to protect the public, and have been based on a proposed national model that is still awaiting endorsement from the Australian Health Ministers Council.

Under the new laws the use of tanning units by persons under 18 will not be permitted. The use of tanning units by people with a skin type that burns rather than tans (pale white skin) will also not be permitted.

Obligations imposed on persons operating a tanning unit in a solarium include a requirement to:
• Perform a skin assessment of every customer before the customer can use a tanning unit
• Ensure that all persons using tanning units are required to read and sign a consent form that advises them of the risks associated with use of the units and precautions to be taken
• Ensure the customer's level of exposure from the tanning unit is limited, as is the frequency of the customer's exposure
• Ensure appropriate eyewear is worn by the customer when using a tanning unit.
The holder of a solarium licence also has a range of obligations, which includes a requirement to:
• Ensure operators of tanning units are appropriately trained
• Display appropriate warning notices in the solarium
• Keep and retain certain records.
The obligations under the new laws are similar to those imposed by NSW legislation, but a crucial difference is the requirement to hold a licence.

The Health Protection Service provides secretariat services to the ACT Radiation Council and can be contacted on 6205 1700. The ACT Radiation Council is responsible for granting licenses to operate solaria businesses and for staff to use the tanning unit. Registration is required for the radiation source itself, ie. the tanning unit.

As part of the implementation of the regulations, the Health Protection Service has undertaken visits to all solaria businesses since late July 2010 to inform them of the new regulations. Each business has been provided with a copy of the regulations and will receive follow-up letters from the Health Protection Service. Businesses have been advised that the regulation will commence on 17 November 2010. They have also been advised that they will need to be licensed to operate their tanning units. Licence and registration applications will need to be with the ACT Radiation Council one week before 10 November 2010, the last council meeting before the regulations commence on 17 November 2010. Applications are required a week before to allow time for processing.

The Health Protection Service is currently developing a fact sheet to place on its website for the information of the industry and the public. A copy of the Radiation Council Annual Radiation Licence Application Form is available online at www.health.act.gov.au. Go to quick links and click on public health, and then the links for health protection service, licensing and registration, radiation safety.

An online training tool is to be provided by the Australian Radiation Protection and Nuclear Safety Agency (ARPANSA). This is not currently available but it is expected to be available at the end of August, early September at the latest. There may be other competency requirements however, these are yet to be determined by the Radiation Council.

For more information visit http://www.health.act.gov.au/c/health?a=da&did=10054021&pid=1156350969  
or phone 02 6205 1700

This page was generated on 20 August, 2010

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