Policy responses and statements
- Name of organisation:
- Scottish Government
- Name of policy document:
- The Public Health etc. (Scotland) Act 2008
(Sunbed) Regulations 2009
- Deadline for response:
- 17 September 2009
Background: This letter invites comments
on the above draft regulations made under the powers contained in Part
8 of the Public Health etc. (Scotland) Act 2008. The regulations prescribe
the information on the health effects of sunbed use to be provided
to customers of sunbed premises (and the form and manner in which it
is to be provided) and the information on the health effects of sunbed
use to be displayed in sunbed premises (and the form and manner of
display). The Regulations also prescribe the documents which may be
used to establish that a user is over 18 years of age. A draft Regulatory
Impact Assessment is also attached for comment.
Background:
Section 8 of the Public Health etc. (Scotland) Act 2008 prohibits
operators from allowing the use of sunbeds by under 18s in commercial
premises; prohibits the sale or hire of sunbeds to under 18s; prohibits
operators from allowing unsupervised use of sunbeds; places a duty
upon the operator of a sunbed premise to display a public information
notice; and requires
operators to provide customers with information on the health risks
associated with sunbed use. The information to be provided to customers
(and the form and manner in which it is to be provided) and the information
to be displayed in sunbed premises (and the form and manner of display
of the notice) are to be prescribed by Scottish Ministers. The
Act can be
accessed here.
Draft regulations prescribing this information are attached at Annex
A for consideration. The content was developed with the assistance
of a wide-ranging working group including representation from sunbed
operators, health professionals, environmental health colleagues, the
Health & Safety Executive, the Federation of Small Businesses,
COSLA, Cancer Research UK and Kenneth McIntosh MSP. An important consideration
in the development of the Regulations was that they can only contain
information on the health effects of sunbed use. Issues such as the
precautions which should be taken when using a sunbed, e.g. to follow
the recommended exposure times or to wear suitable eye protection,
fall outwith the scope of these Regulations and are the responsibility
of the Health and Safety Executive. Consultees should therefore bear
this issue in mind when responding to the consultation. Consultees
should also note that initial supplies of the notice to be displayed
in sunbed premises and the information leaflets to be provided to users
will be provided to sunbed operators by the Scottish Government free
of charge. Thereafter supplies will be available to download from the
Scottish Government website, also free of charge.
COMMENTS ON
SCOTTISH GOVERNMENT
THE PUBLIC HEALTH ETC. (SCOTLAND) ACT 2008
(SUNBED) REGULATIONS 2009
The Royal College of Physicians of Edinburgh is pleased to respond
to the Scottish Government on The Public Health etc. (Scotland)
Act 2008 (Sunbed) Regulations 2009. The College has taken
advice from Fellows who are consultant dermatologists and welcomes
the provisions within the proposed Regulations. Specific comments
are as follows:
Prescribed documents
The form of photographic identification seems satisfactory and should
be inspected at each session.
Provision of health information and display notice
It is essential that display notices are in bold print and of an
appropriate size to be readily visible to sunbed clients, as laid out
in the regulations. The College considers it would also be helpful
if guidance was provided to sunbed clients, requiring a signature to
evidence receipt on each attendance. This would reinforce the
health risks associated with inappropriate use.
The College understands that Regulations can only refer to the health
effects of sunbed use and that health and safety issues are the responsibility
of the HSE and beyond the powers of Scottish legislators. However,
the nature of expanded guidance could include the same health messages
in a more consumer focused way and may be more effective, including
alerting consumers to the harmful effects of combining cosmetics and/or
medication with UV radiation and when to seek advice from a doctor.
Regulatory impact
The College believes the “do nothing” option is not sustainable,
as consumers need health advice before electing to use sunbeds.
Enforcement will be critical and the compulsory licensing of sunbed
parlours could be linked to regular inspections already carried out
by the HSE for out-put measurements to be made on machines and to ensure
they are complying with the prescribed regulations. If Environmental
Health Officers already carry out such health and safety inspections
on behalf of the local authorities then the cost implications should
not be significant.
Other comments
Staff in sunbed parlours should have adequate training to understand
the health risks of excessive exposure and the provision of trained
staff on site could be written into the Regulations.
Sample Guidance for sunbed clients
Customer information
As with exposure to natural sunlight, too much exposure to ultraviolet
(UV) radiation from tanning equipment can damage your skin and sometimes
your general health.
Short-term damaging effects
- The short-term damaging effects of excessive exposure to UV
radiation include:
- sun burnt skin, which becomes painful, red and may blister
and peel;
- skin dryness and itching;
- bumpy itchy rash;
- eye irritation or conjunctivitis (if suitable goggles are not
worn).
Long-term health risks
There may also be long-term health effects including:
- premature ageing of the skin which will then look coarse, leathery
and wrinkled;
- skin cancer - the more exposures, the greater the risks;
- increased risk of cataracts (clouding of the lens of the eye)
later in life, (if suitable goggles are not worn).
Precautions
Don’t use cosmetic tanning equipment if your skin
is particularly sensitive.
Some people are more prone to skin damage caused by UV radiation
than others. You are advised not to use cosmetic tanning equipment
if:
- you are under 18;
- you have fair sensitive skin that burns easily or tans slowly
or poorly;
- you have a history of sunburn, especially in childhood;
- you have a large number of freckles and/or red hair;
- you have a large number of moles;
- you are taking medicines or using creams which may sensitise
the skin to sunlight;
- you have a medical condition that is worsened by sunlight;
- you or anyone in your family has had a skin cancer in the past.
If you have any doubts, ask your doctor if it is safe for you to use
tanning equipment.
Don’t use cosmetics before tanning
Some cosmetics, deodorants and similar preparations for use on
the skin can increase sensitivity to UV radiation. It is best
not to use them immediately before a tanning session and to wash
off any that are on the skin, before using the equipment.
Seek advice about any problems
If you notice any abnormal skin reactions developing during the
tanning session, stop the exposure at once and do not use tanning
equipment again before consulting a doctor. If you develop
any abnormal skin reaction after a tanning session, do not use such
equipment again before consulting a doctor. Seek medical advice
if you notice any change in the appearance of a mole.
Don’t rely on your tan for protection
The tan obtained from cosmetic tanning equipment can give some
mild protection from burning when you go into the sun, but it never
gives complete protection. Nor does it provide much protection
against the long-term health risks mentioned earlier. You
should still follow sensible advice on safety in the sun such as
that published by cancer charities (eg Cancer Research UK).
Know your skin
No matter whether you get your tan from the sun or tanning equipment,
you should learn to recognise the early warning signs of serious
damage. Most skin cancers are completely curable if detected
in the early stages. Look for progressively changing moles
or other skin discolorations. If you have any doubts, consult
your doctor.
Copies of this response are available from:
Lesley Lockhart,
Royal College of Physicians of Edinburgh,
9 Queen Street,
Edinburgh,
EH2 1JQ.
Tel: 0131 225 7324 ext 608
Fax: 0131 220 3939
[7 September 2009]
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