An open letter:
Dear Tattoo Shop Owner/Operator:
As you may or may not be aware, the City of Toronto is about to enact
legislation regarding the operation of Personal Service Settings (PSS),
which include but are not limited to, tattoo and piercing establishments,
nail salons and electrolysis clinics. The legislation proposes to
a) license all PSS where there is a risk of infectious disease transmission;
b) require a public health inspection prior to the opening of all new
PSS operations;
c) require PSS operators of premises where there is the risk of infectious
disease transmission to post inspection results;
d) require PSS to comply with the Medical Officer of Health's infection
and control recommendations; and,
e) require infection prevention and control training for PSS operators
(developed by the Ministry of Health and Long-Term Care).
As Tattoo Artists, we of course wish to work with the cooperation and
endorsment of our local health authorities, for the benefit of our clients,
for the health and safety of the general public and for the ongoing growth
and recognition of tattooing as an art form. The proposed legislation,
however well intentioned, raises some serious concerns within our community
for a number of reasons. The first of these is the issue of licensing.
Initially, Toronto Public Health stated that the sole purpose of licensing
was to allow health inspectors to identify the location of tattoo shops
and to ensure that they were inspected on a timely, regular basis. An
online poll conducted on behalf of Toronto Public Health as part of their
stakeholder consultation process however, indicates that the issuing of
a license and license renewal will be contingent on compliance with health
inspection recommendations. Licensing will be administered by Municipal
Licensing and Standards, an entirely different branch of municipal government,
which may be empowered to enact other, as yet undisclosed controls of
the licensing process. It is imperitive that we, as a community, insist
that licenses shall be issued unconditionally, and used only to identify
the location of tattoo establishments for inspection purposes. It is our
position that there is no such thing as a license to create art.
With regard to the proposal that PSS operators post inspection results
we are generally in agreement. It is our understanding however, that the
intended model will be based on the existing "DineSafe" program,
which issues green (pass) yellow (conditional) or red (fail) postings.
A yellow, or conditional pass sign displayed would be a literal kiss of
death for any tattoo establishment. It has been our experience over the
past few years that health inspections have been conducted by individuals
who, by the nature of the questions they ask, often indicate that they
know little or nothing about the tattooing process. There has been little
or no communication from Toronto Public Health with regard to newly added
protocols or inspection requirements, and a number of us have noted a
wide range of inconsistancy in the enforcment and understanding of existing
regulations on the part of health inspectors. All of these factors, combined
with apparently ever increasing inspection criteria almost guarantee conditional
or yellow passes. It is our position therefore, that inspection result
postings be limited to pass or fail, and that the criteria for these designations
be limited to critical issues where the health and safety of the client
is reasonably at risk. (improper sterilization, lack of barrier control,
improper skin prep, unsanitary conditions, etc.)
The requirement to comply with the Medical Officer of Health's infection
prevention and control recommendations seems, at face value to be a logical
and reasonable proposition, and most of us already unquestioningly abide
with existing regulations or recommendations. What is problematic with
this proposal is that there is no limit placed in the proposed legislation
as to what these recommendations may be in the future, essentially giving
Toronto Public Health absolute, unfettered control over virtually every
aspect of our operations not already controlled by the previously mentioned
Municipal Licensing and Standards Dept. If this legislation is passed
in its current form, we will not be permitted to question or dispute anything
Toronto Public Health demands we do, regardless of how ridiculous or unnecessary
simply because "it's the law." For this reason, we propose that
the legislation be amended to read "require PSS operators to comply
with the Medical Officer of Health's infection prevention and control
recommendations where there is a reasonable and demonstrable risk to the
health and safety of the client or of the spread of communicable disease."
This will allow us, as operators and artists, to have some input over
the imposition of regulations that may not be critical to the interest
of client safety, but are more focused on theoretical possibilities rather
than realistic probabilities, or the protection of health units from potential
liability.
Most of us, as artists, simply wish to be left in peace to continue our
work and focus on what we do best. It is an unfortunate side effect of
the growth of our chosen art form and the proliferation of tattoo shops
throughout the GTA and for that matter throughout the world, that legitimate
concerns over safety and regulation will be raised by various levels of
government. It is important at this stage to demand involvement in whatever
regulatory process unfolds, or we will have no voice in determining our
future.
Please contact us at: torontotattoo@gmail.com |
So far, the consultation
process has been comprised of the following methods for input by the roughly
3,000 Personal Services Settings (PSS) operators in Toronto:
May-June, 2011 - Key
informant interviews with roughly 20 representatives from PSS sectors
(aesthetics educators and operators, electrolysis association, tattoo
and piercing owners/operators). These representatives provided feedback
on the "Discussions Questions" document, which initiated TPH's
consultation process, and to which you and other of your colleagues responded.
July, 2011 - To ensure
anonymity and confidentiality of stakeholder input, a research company
(external to Toronto Public Health (TPH) and the City of Toronto), Ipsos-Reid,
was hired to develop and implement the additional methods for gathering
stakeholder input.
October/November 2011
- a letter was sent to the TPH data base of roughly 3000 PSS owners/operators
inviting them to participate in an on-line survey (through Ipsos-Reid),
to provide anonymous and confidential feedback on the proposed changes
to the City of Toronto by-law. The findings from this survey will be summarized
in a report from Ipsos-Reid in December 2011.
October/November 2011
- the TPH web page invites written submission from anyone who wants to
comment: http://www.toronto.ca/health/cdc/personalservice_licensing.htm
November 2011 - focus
groups will be conducted with participants selected through a random selection
process from the data base of 3,000 PSS providers. This enables Ipsos-Reid
to surface the opinions from a more varied group who have not already
been involved in other consultation components. Findings from the focus
group discussions will be summarized in a report from Ipsos-Reid in December
2011.
Early 2012 - a TPH
report that is informed by the findings from the stakeholder/community
consultation process will go to the Board of Health (BOH) in early 2012,
and any interested parties will have the opportunity to make a deputation
when the item is on the BOH agenda. |
