3.3 Federal Safety Regulations (OSHA, EPA, FDA) & Prohibited Materials and Substances

Who regulates what

The FDA's nail-products page states this split directly. FDA regulates the products. State and local authorities license manicurists and regulate salon operation. OSHA addresses employee safety.

OSHA and MIOSHA in practice

OSHA's Hazard Communication Standard (29 CFR 1910.1200) requires manufacturers to provide a Safety Data Sheet (SDS). It applies to products containing a hazardous chemical at 1% or more, or 0.1% or more for chemicals that may cause cancer. Employers must keep SDSs where workers can easily reach them, label containers, and train workers (section 3.2). OSHA's nail-salon guidance says ventilation is the best way to lower chemical levels. It says surgical masks do not protect against vapors or dust, and N95 respirators filter particles but not vapors. Michigan employers answer to MIOSHA, which enforces state standards that match or exceed OSHA's.

EPA: the disinfectant label is the law

A disinfectant's EPA registration number shows it was registered for its label claims. Michigan's definition of "disinfectant" depends on that registration (R 338.2101). Using a disinfectant against its label is a federal violation: the wrong dilution, a shorter contact time, or use on skin. Treat the label directions as mandatory.

FDA: nail products are cosmetics

Key FDA points from its nail-products guidance:

• Nail products are generally cosmetics under the Federal Food, Drug, and Cosmetic Act. A product intended to treat a condition such as nail fungus is a drug.
• Cosmetics do not need FDA approval before sale, except most color additives. FDA can act against products that are adulterated or misbranded.
• Every cosmetic label must carry a warning statement where needed to prevent a health hazard (21 CFR 740.1).
• Retail products need an ingredient list. Products sold only for salon use are exempt unless they are also sold at retail.
• The Modernization of Cosmetics Regulation Act of 2022 (MoCRA) added duties for companies that make and market cosmetics. Facilities that manufacture or process cosmetics must register with FDA. The responsible person, meaning the manufacturer, packer or distributor named on the label, must list its products and report serious adverse events to FDA.
• FDA asks consumers and nail technicians who have a bad reaction to a nail product to tell a health care provider, and then report it to FDA.

Methyl methacrylate: what is true

FDA's own summary of MMA history:

• In the early 1970s, FDA received injury complaints about artificial nails made with methyl methacrylate (MMA) monomer. The injuries included nail damage and deformity and contact dermatitis.
• FDA removed products containing 100% MMA monomer from the market through court proceedings: a preliminary injunction, several seizures and voluntary recalls.
• No regulation specifically prohibits MMA in cosmetics. "The FDA banned MMA" is therefore not accurate.
• The independent Cosmetic Ingredient Review panel found ethyl methacrylate (EMA) safe as used when directions say to avoid skin contact, because EMA can also sensitize.

States fill the gap. OSHA notes that MMA is banned for use in many states. Michigan's R 338.2179g(1)(a) makes it illegal for a student, apprentice or licensee to use or possess methyl methacrylate monomers, or to allow anyone else to. Telltale signs of MMA in textbooks: a very strong, sharp odor; very hard product that is hard to remove and resists acetone; low price; and heavy filing used to make it stick.

The rest of Michigan's prohibited list

From R 338.2179g, for nail work:

• Blades of any kind in manicuring or pedicuring: razors, callus shavers, graters and credo blades. Both use and possession are banned.
• Nail white pencils
• Lump alum and styptic pencils for stopping bleeding
• Filing that exposes the nail bed or cuts deep trenches or ridges into the plate
• Using a UV sanitizer to disinfect or sterilize
• Carrying tools in a uniform pocket
• Services within a licensed health profession's scope, such as cutting live tissue or treating disease

"Toxic trio" and safer-product claims

OSHA describes toluene, formaldehyde and dibutyl phthalate as the "toxic trio" in some nail products. Products sold as "3-free" claim to leave them out, and "acid-free" primers claim to contain no methacrylic acid. OSHA warns that a California study found some "free" products contained the chemical they claimed to be free of. Read the SDS and follow the directions even for "free" products.

Exam traps

• Disinfectants are EPA, not FDA. Nail cosmetics are FDA, not EPA. Worker safety is OSHA (MIOSHA in Michigan). Your license is LARA.
• "FDA-approved acrylic" is not a real category. Cosmetics are not pre-approved.
• MMA is illegal in Michigan because of the state rule, not a federal ban.