The Occupational Safety and Health Administration says four Florida-based businesses committed 16 health violations by failing to protect employees and users from exposure hazards related to formaldehyde in heated hair-smoothing products.

The two manufacturers and two distributors have been fined a total of $49,200 for the violations, according to OSHA’s Sept. 8 press release.

“Employers are responsible for identifying the risks associated with producing and using these hair products, as well as for taking appropriate measures to ensure that they protect their own employees and other workers who may be using their products, such as stylists, from any potential hazards,” says OSHA Atlanta Regional Administrator Cindy Coe.

OSHA’s announcement comes on the tails of an FDA warning letter to Brazilian Blowout hair-smoothing distributor GIB LLC, citing high levels of methylene glycol, which converts to formaldehyde when heated, despite labeling that suggests the product is free of formaldehyde (Also see "FDA Warning To “Formaldehyde-Free” Brazilian Blowout Cites High Methylene Glycol Levels" - HBW Insight, 12 September, 2011.).

OSHA cited M&M International, which distributes Marcia Teixeira, and Copomon Enterprises, distributor of Keratin Complex Smoothing Therapy, for failing to ensure that material safety data sheets reflected the formaldehyde content and addressed the hazards associated with formaldehyde exposure.

Additionally, the distributors did not develop a written hazard communication program for their employees, according to OSHA.

The U.S. Labor Department division notes the distributors’ citations all fall into the “serious violation” category, characterized by violations which present “substantial probability that death or serious physical harm could result from a hazard about which the employer should have known.”

OSHA conducted inspections of the companies’ facilities based on a referral from Oregon’s OSHA, which found potentially dangerous levels of formaldehyde were being released by heated hair-smoothing product samples from 50 salons (“Formaldehyde Found In Brazilian Blowout Products,” “The Rose Sheet” Oct. 11, 2010, In Brief).

Edward Quevedo, an attorney for the Professional Keratin Smoothing Council, which counts Marcia Teixeira and Keratin Smoothing Complex Therapy among its members, suggested that “the agency has the facts wrong.”

“Both firms had proper labeling and proper training for all employees and consumers, on all products, at the time of the inspection,” he told “The Rose Sheet” Sept. 21. “OSHA is simply trying to make some press headway and garner some revenue by issuing citations that are not well grounded.”

Furthermore, Quevedo says the firms did have hazard communication programs, but OSHA did not ask to view them before it issued the citations.

“OHSA will often do this when they’re trying to make a splash,” he said. “We had those programs in place, and they knew that.”

The firms plan to appeal the citations, “and I’m sure we’ll prevail,” Quevedo said.

They are also asking OSHA to withdraw its Sept. 8 press release – “because it was inflammatory and it improperly claims the companies have done wrong without any proving of wrongdoing” – and to issue a new release after the appeal, the attorney said.

The appeals process could last up to six months.

M&M International and Copomon Enterprises are the sole distributors of Marcia Teixeira and Keratin Complex Smoothing Therapy, according to Quevedo.

All Professional Keratin Smoothing Council members have pledged to fully disclose product ingredients on labeling and material safety data sheets, the organization’s website indicates.

Orlando, Fla.-based Pro Skin Solutions Inc. also drew fines from OSHA. The firm received a serious violation for failing to address formaldehyde exposure and inhalation hazards – “including possible cancer-causing effects” – on material safety data sheets.

Additional serious violations for the manufacturer included failing to establish a written respiratory protection plan, provide an emergency eyewash station, develop appropriate procedures to protect employees in an emergency and develop or implement a written hazard communication program.

Keratronics Inc., based in Coral Springs, Fla., was cited for similar violations, neglecting to evaluate keratin-based products for hazards to be included on material safety data sheets. The firm also did not have a written hazard communication program on handling chemicals such as formalin and hydrolyzed keratin.

Earlier this year, OSHA issued a hazard alert to salon owners and workers regarding formaldehyde exposure from hair-smoothing treatments (Also see "Formaldehyde Frenzy: EWG Calls For FDA Action, OSHA Advises Against Use" - HBW Insight, 18 April, 2011.).

At its last quarterly meeting, the Cosmetic Ingredient Review Expert Panel issued a revised tentative final report for formaldehyde and related substances, finding them “unsafe” for use in heated hair-smoothing products (Also see "CIR Expert Panel On Formaldehyde Hair Straighteners: “Unsafe”" - HBW Insight, 4 July, 2011.).

The expert panel is expected to issue a final report at its Sept. 27 meeting.

By Lauren Nardella

OSHA Fines Hair-Smoothing Outfits For Not Warning Of Formaldehyde Risks

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