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Health and Safety Regulations.

Dáil Éireann Debate, Wednesday - 9 July 2008

Wednesday, 9 July 2008

Questions (178)

Richard Bruton

Question:

204 Deputy Richard Bruton asked the Minister for Health and Children if there is a licensing authority for persons who undertake ear piercing as a commercial business; and if she will make a statement on the matter. [28122/08]

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Written answers

There is no legislation in Ireland specifically regulating ear piercing businesses. However, these businesses are required to comply with general public health and safety legislation in the same way as any other business.

The responsibilities of business operators include taking all reasonable precautions for the safety of persons using the premises. The Safety, Health and Welfare at Work Act 2005 imposes a duty on employers to ensure, so far as is reasonably practicable, the safety, health and welfare at work of employees. Employers are also obliged to manage and conduct his or her undertaking in such a way as to ensure, so far as is reasonably practicable, that in the course of the work being carried on, individuals at the place of work, (not being employees), are not exposed to risks to their safety, health and welfare.

In addition, under the Infectious Diseases Regulations 1981, a medical officer of health, or a health officer on the advice of a medical officer of health, is empowered where there is reason to believe that a suspected case of an infectious disease or a probable source of infection exists, to take such steps as are necessary or desirable for investigating the nature and source of such infection, for preventing the spread of such infection and for removing conditions favourable to infection.

The European Commission has initiated a project to assess the need for regulatory control of tattooing and body piercing and related activities. The Council of Europe has also adopted a resolution on tattoos and permanent make-up (PMU) which recommends the principles that member states should take into account in their national laws and regulations. The principles relate to the composition, microbiological purity and labelling of products used for tattooing and PMU, the conditions in which they are applied, and the need to inform the public and consumers of the health risks involved.

My Department is reviewing policy regarding tattooing and body piercing in the light of these developments. In the first instance, the focus is on the development of "good practice" guidelines for practitioners rather than regulation. The main objective of these guidelines is to encourage best hygiene practice by tattooists and piercers, thereby minimising the risk of infection and so protecting both the artists and clients. It is also intended to produce information for the general public about the possible risks attached to body-piercing and tattooing.

As ear piercing is not regulated, there is no age restriction in place. However, this issue is being addressed in the context of the good practice guidelines for both tattooists and piercers.

Draft guidelines have been produced and these drafts have been the subject of consultation within the health sector and the wider public sector. Further consideration of the issues involved is necessary before my Department will be in a position to bring the guidelines to completion. The intention is to have this work completed by the end of this year.

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