Information For Nail Salon Owners

Equipment Requirements

As of June 15, 2015, you must maintain the following equipment at each workstation and provide it to workers, upon request, and at no cost:

• A properly fitted N-95 or N-100 respirator, approved by the National Institute for Occupational Safety and Health, for each individual who uses the workstation. All workers must have access to and be allowed to use these respirators when buffing or filing nails or when using acrylic powder.
• Protective gloves made of nitrile, or another similar non-permeable material for workers with a sensitivity to nitrile gloves. You must have a sufficient number of gloves available so that each nail technician has access to and is allowed to use a new pair of gloves for each customer. All workers must wear gloves when handling potentially hazardous chemicals or waste and during cleanup, or when performing any nail service that has a risk of breaking the customer’s skin.
• Protective eye equipment. All workers must have access to and be allowed to wear eye protection when preparing, transferring or pouring potentially hazardous chemicals.

A list of potentially hazardous chemicals commonly found in nail salons can be accessed here.

Posting Requirements

You will be required to post a “Bill of Rights” in a place where it is easily visible to workers and the customers. As soon as it is available, the sign will be mailed to you and will be posted at all Department of State offices and online free of charge.

Ventilation Requirements

New requirements are being developed to ensure that salons and work stations are properly ventilated. Additional information will be provided once these requirements have been developed.

Notices of Violation

If you are served with a Notice of Violation pertaining to unlicensed activity, you must immediately post a copy. The Notice must be posted in the front window, on the front door or on the outside wall of your business. It must be within five feet of the front door, at a vertical height of at least four to six feet from the ground or floor. The Notice of Violation may not be removed except when authorized by the Department of State.

Bond or Liability Insurance

Recently signed legislation includes enhanced fines and penalties for salon owners who fail to comply with new wage bond requirements. In accordance with the law’s provisions, the Department of State will enforce these penalties as of October 6, 2015, the 60th day following issuance of a letter by the Department of Financial Services certifying the ready availability of the bond.

You must maintain liability coverage in the following amounts:

• Accident and professional liability insurance of at least $25,000 per individual occurrence and $75,000 in the aggregate
• Wages legally due to employees who provide nail specialty services of:
  • At least $25,000 if you employ the equivalent of two to five full-time individuals who perform nail specialty services
  • At least $40,000 if you employ the equivalent of six to ten full-time individuals who perform nail specialty services
  • At least $75,000 if you employ the equivalent of 11 to 25 full-time individuals who perform nail specialty services
  • At least $125,000 if you employ the equivalent of 26 or more full-time individuals who perform nail specialty services.

The liability coverage may be obtained by purchasing:

• A bond in favor of the people of the State of New York
• Accidental and professional liability or general liability insurance, or
• A combination of the previous options provided that the coverage amounts are satisfied.

Evidence of sufficient liability coverage of the wage bond must be maintained by nail salon owners and made accessible to all workers at all times that the business is open. All nail salon owners should review the circumstances under which a wage bond is required. Owners who believe they are required to obtain a wage bond may print out a copy of the Department of State's approved wage bond here and take the form to their current insurance agent.

In the event that the owner's insurance agent is unable to assist with the purchase of the bond, the owner is advised to seek the assistance of an agent experienced in surety bonds. A list of surety bond professionals, organized by area, can be obtained by visiting the website of the National Association of Surety Bond Producers at www.nasbp.org. In addition, a list of agents and brokers selling wage bonds is listed on the Department of Financial Services web site, www.dfs.ny.gov.

Wage Bond Calculator

Calculate the amount of wage coverage needed for your salon.