INFORMATION NOTE No 354: SUNBED REGULATION ACT 2010

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1 INFORMATION NOTE No 354: SUNBED REGULATION ACT 2010 First issued: September 2010 ABOUT ISRM This is one of a series of Information Notes produced by the Institute of Sport and Recreation Management, the leading professional body for people managing and operating sports and recreation centres. These Information Notes have been compiled by experts in their field and are designed to provide introductory guidance on a range of issues for people working in the industry. ISRM members can read and download all the Information Notes at ISRM 2010

2 WHAT IS THE SUNBED REGULATION ACT? The Act, which received Royal Assent in April 2010, imposes a duty on a person running a sunbed business to ensure that sunbeds are not used, or offered for use, or accessed by a person under the age of 18. The Act includes regulationmaking powers, which would allow further regulation of sunbed use. The legislative framework Prior to April 2010, there was no legislation that provided specifically for the regulation of sunbeds in England and Wales. Legislation was enacted in Scotland in 2008 to prohibit the use of commercial sunbeds by persons aged under 18, the sale or hire of sunbeds to persons aged under 18, and the use of commercial sunbeds without supervision Reasons for the ban The incidence of skin cancer is increasing; malignant melanoma is one of the five most common cancers in 15- to 24-year-olds in England and Wales. It is believed that approximately 80 per cent of melanomas are caused by exposure to ultraviolet (UV) light both natural (from the sun) and artificial. In 2003, the World Health Organisation (WHO) issued the guide Artificial Tanning Sunbeds: Risks and Guidance, to assist government health authorities in the development of public health policy relating to such equipment. The guide reaffirmed the stated policy of the ISRM, including that no one under the age of 18 should use a sunbed. This guidance was incorporated into the ISRM sunbed safety poster. The Committee on Medical Aspects of Radiation in the Environment (COMARE), an independent expert advisory committee, which advises the government and the devolved authorities on the health effects of natural and man-made radiation, considered the health effects and risks arising from exposure to UV radiation from sunbeds. Their 13th report, published in June 2009, confirmed that UV radiation from sunbeds was capable of inducing skin cancer and that young people were particularly vulnerable. One of the recommendations in the report was the prohibition of commercial use of sunbeds by persons under 18 years old. The International Agency for Research on Cancer Working Group (IARC), an inter-governmental agency of the WHO, which conducts and coordinates research into the causes of cancer, announced in July 2009 that it was raising the classification of sunbeds from probably carcinogenic to humans to carcinogenic to humans. Main sections of the Act Definitions A sunbed, for the purposes of the Act, encompasses all types of electronic devices that emit UV radiation where the purpose of the emission is tanning. The size of the device or the precise mechanism it uses for emitting the UV radiation does not matter. So both traditional lie-down sunbeds as well as those in which a person receives UV radiation while standing up are subject to the legislation. Portable devices such as UV sun lamps are also included. Electrically-powered devices that spray the skin with a substance that gives the appearance of a tan without the use of UV radiation do not come under the classification. A sunbed business is a commercial operation that offers sunbeds for use on the business premises. It includes premises such as gyms and hotels, which offer sunbed facilities as part of the service. This means that sport and recreation centres and swimming pools are subject to regulation. Payment is not considered a factor, so even if the treatment is offered as a free service it is still regulated. Malignant melanoma is one of the five most common cancers in 15- to 24-year-olds in England and Wales

3 Allowing access to the area could be a prosecutable offence with a fine on conviction Duty to prevent access Section two of the act provides a duty for the operator of the sunbed business to ensure that no one under the age of 18 has access to the area housing the sunbed. An exception can be made for an employee who is under 18 years of age servicing the area in this case the sunbed should be in a booth, or the booth should be located in a separate room within the area. An operator breaching this duty commits a criminal offence even if the person under 18 is just accompanying someone older and does not use the sunbed or if the sunbed is not working. Simply allowing access to the area could be a prosecutable offence with a fine on conviction of up to 20,000. Home and medical use The act does not apply to sunbed use in the home. However, the statutory authorities have the power to make regulation to ban the sale or hire of sunbeds to under-18s. Similarly, the act does not apply to sunbed provision when used as a health service under the jurisdiction of a medical practitioner. Regulation to provide information and goggles Under section five of the act, statutory authorities have the power to introduce regulations ensuring that the provider of the sunbed service displays information about the health risks of using sunbeds to customers. Regulation can also be introduced to make it the duty of the operator to ensure that protective eyewear is always available and, where reasonably practical, to make certain that it is worn by sunbed users. The enforcing authority for this Act will be the authorised officer of a local authority, who will have a right to enter premises to carry out their responsibilities. The Act came into force on 8 April Implications Until regulations on what should be displayed to customers of sunbed services are provided from the statutory authorities, guidelines from WHO should be considered. WHO recommends that one or more, easy-to-read warning notices should be displayed in a commercial establishment. The notices should be of suitable dimensions and within immediate view of every client entering the establishment, and in each sunbed cubicle. The information that should be contained in the warning notice is displayed below. It incorporates that issued by the World Health Organisation, the Health and Safety Executive (IND209) and the ISRM.

4 IMPORTANT WARNING: There are health risks associated with using ultraviolet (UV) tanning equipment skin cancer, cataracts, premature ageing of the skin, sunburnt skin, dryness and itching, bumpy rashes, and eye irritation/ conjunctivitis. Any exposure to UV radiation from tanning equipment is potentially harmful. Please consider the following information when deciding whether to use this equipment or not. Don t use UV tanning equipment if your skin is particularly sensitive to sunlight. You should not use UV tanning equipment if you: Are under 18; Have fair, sensitive skin that burns easily or tans slowly or poorly; Have a history of sunburn, particularly in childhood; Have a large number of freckles and/or red hair; Have a large number of moles; Are taking medicines or using creams that sensitise the skin to sunlight; Have a medical condition that is worsened by sunlight; Or anyone in your family has had skin cancer in the past; and Already have extensive skin damage due to sunlight. KNOW YOUR SKIN Skin is broadly classified as being one of six types: Type I Often burns, rarely tans. Tends to have freckles, red or fair hair, blue or green eyes. Type II Usually burns, sometimes tans. Tends to have light hair, blue or brown eyes. People with skin types I and II are advised not to use UV tanning equipment. Type III Sometimes burns, usually tans. Tends to have brown hair and eyes. Type IV Rarely burns, often tans. Tends to have dark brown eyes and hair. Type V Naturally brown skin. Often has brown eyes and hair. Type VI Naturally brown/black skin. Usually black/brown eyes. Your UV tanning equipment operator should advise you on your skin type, if you can use the sunbed without undue risk and guide you on how many minutes you should limit your session to. If you have skin types III, IV, V or VI your operator should guide you on how many minutes to limit your session to. Important points for you, the customer, to consider before you decide to use UV tanning equipment Skin cancer. In the UK, the incidence of malignant melanoma is increasing at a faster rate than any other cancer except prostate. Using UV tanning equipment when young increases the risk of suffering from skin cancer in the future. Premature ageing of the skin. In the longer term, too much use of UV tanning equipment will make your skin look coarse, leathery and wrinkled. Sunburnt skin. Spending too long on UV tanning equipment can cause your skin to become painful and red, and it may blister and peel. Burning the skin from UV exposure can double your risk of skin cancer in the future. Protect your eyes. Never use the UV tanning equipment without eye protection. If suitable goggles are not worn you may suffer eye irritation or conjunctivitis in the short term, and cataracts (clouding of the lens of the eye) in the long term. Do not rely on closing your eyes or using cotton wool. Cosmetics and accelerants Don t use cosmetics, deodorants or accelerants while tanning. Wash off any such products on your skin before using the equipment and make sure the equipment is clean before using it. Products designed to enhance or accelerate tanning should not be used.

5 General health. Make sure you are medically fit to use the UV tanning equipment, and that you are not taking any medication, including alternative medicine and therapies, that could increase the sensitivity of your skin. Some conditions can make you more vulnerable to sunburn. Skin type. People with skin that does not tan in natural sunlight should not use a sunbed. Tell staff about your normal reaction to sunlight so they can advise you whether to use the equipment and for how long you can do so without burning (remember, using UV tanning equipment carries health risks even if you do not burn). See Know Your Skin for further information. Check your skin. If you notice any abnormal skin reactions during the tanning session stop exposure at once and do not use UV tanning equipment again before seeing a doctor. If you notice any abnormal skin reactions after the tanning session do not use again before seeing a doctor. Seek medical advice promptly if you notice an unusual skin growth or a change in the size, shape or colour of a mole that occurs over weeks or months. Stay safe. Make sure you understand how to use the equipment, how to turn it off and to locate the emergency button (or call for help if there is no button). Protect your skin in the sun. A tan obtained from UV tanning equipment provides very little protection against sunlight. Always protect your skin from excessive exposure to the sun. A tan obtained from UV tanning equipment provides very little protection against sunlight How to use this equipment: Remove all jewellery and make-up and take a warm shower if possible before using the UV suntanning equipment, to remove all cosmetics, perfumes, skin creams and lotions. These preparations can increase the sensitivity of the skin to ultra-violet light. Ideally you should refrain from their use during the course of treatment since they are not necessarily removed by washing. Suntanning preparations or UVA tanning accelerators should not be used prior to using the UV suntanning equipment since these may also increase the sensitivity of the skin to ultra-violet light. Ensure that you are aware of how the UV suntanning equipment operates, particularly in relation to stopping it in an emergency during the session and how to summon assistance. Ensure that the goggles provided are worn. It is insufficient to simply close the eyes or use cotton wool or sunglasses. If using a sunbed type device: Ensure that the bed is clean. You may wish to clean it yourself if spray cleaner and paper towels are provided.

6 POSTERS PROVIDING THIS INFORMATION ARE AVAILABLE FROM THE ISRM Recommendations made by WHO suggest that staff supervising sunbed services should have suitable training. The ISRM publication, the Operators Guide to Sun Tanning Services, provides information for staff and the ISRM can also provide training through relevant ISRM certification for those working in this area of the industry. Client consent form The WHO also recommends that before beginning a tanning course of one or more exposure sessions, the sunbed operator should ensure that a consent form is handed to the client (below). This will ensure that the consumer has every opportunity to understand the risks associated with sunbed use. The sunbed operator should further ensure that: The client signs and dates the form; The client returns the signed and dated form before the first tanning session in the establishment; The original signed and dated form is iled and kept for a period of not less than two years; and A copy of the signed and dated form is handed to the client. Lie on the bed and adjust the top canopy to a position with which you are comfortable. Change position frequently to relieve pressure points. After your session ends, clean the bed down with spray cleaner and paper towels provided. After using UV suntanning equipment, shower if possible and use a moisturising lotion to prevent dryness of the skin. Should any signs of discomfort or abnormal reactions be experienced, stop the session using the emergency stop button or lift the canopy to terminate the exposure and inform the staff. Seek medical advice if necessary. Intentional exposure to sunlight or sunbed should be avoided for 48 hours after sunbed exposure. Sample Client Consent Form: Important Information on Using a Sunbed Please read carefully the following information. Exposure to ultraviolet (UV) radiation contributes to the skin ageing process and may cause skin cancer. People with fair skin who are unable to tan shall not use a sunbed. Intentional sunbed exposure should be avoided for 48 hours before and after sunlight or sunbed exposure. Protective goggles must be worn at all times while undergoing sunbed exposure. You must not read while the sunbed is in operation. There is additional risk, and sunbed exposure is not recommended if: You have ever been treated for solar keratoses or skin cancer; or You have ever suffered from an abnormal reaction, or allergy, to light. There may be further risk if you are pregnant, taking certain medications, or applying medications or certain cosmetics to the skin. If you have any doubt, consult your doctor before undergoing any UV radiation exposure. I am over the age of 18, and I, (print full name), have carefully read and fully understood the above information and choose to undergo UV radiation exposure in this establishment. Signed: Date: Name of establishment: