I am Free to say What I Want, And I WILL!

Got something to say? About your  Beauty Industry?

Freedom of Speech was once only for the rich and powerful. Royal governors, clergymen, and a powerful few in the early days of the colonies were the only folks allowed to speak their minds. Speaking out against things you didn’t like could land you in The BIG HOUSE!

Now, thanks to the Bill of Rights, Free Speech is a protected right for everyone.

Most people don’t realize that 200 years have passed since the First Amendment was ratified… and in those 200 years people have fought hard to make sure that when the boundaries of “free speech” evolve, the original intent of the Founding Fathers remains true.

Everyone has the right to responsibly speak their minds!

Freedom of Speech is the right to freely express yourself – encompassing all types of expression, including the freedom to create and distribute movies, take photographs, paint, write songs, make up dances, dress how you want and all other forms of expressive communication.

If someone can see you doing something, you are communicating!

The boundaries of FREE SPEECH continue to be STRETCHED!

YOU NEED TO KNOW THE BOUNDARIES

Go ahead and say it. The First Amendment’s got your back!

Your Bill of Rights!

Freedom of Speech, Press, Religion and Petition

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Valid Or Not Valid: The Truth about Contracts

So many professionals have invested in our beauty industry in becoming a Paul Mitchel salon. And have been let down by the huge conglomerate by not policing their end of the contract that they make you sign when purchasing the hair care line in your salon. That is why there is a huge class action lawsuit brought on to them by no one but themselves.  Contracts in this profession do not hold up in court.  This false advertising lawsuit was filed in New York Federal Court on July 1, 2010, against the following: L’Oreal USA, Inc., the owners of Matrix, Redken, Pureology, Kerastase and others; The Procter and Gamble Company, the owners of Wella, Sebastian, Nioxin, and Graham Webb; Conair Corporation, the owners of Rusk; Farouk Systems, Inc., the owners of Chi and Biosilk; Sexy Hair Concepts, LLC; Tigi Linea, LP; and John Paul Mitchell Systems. This is what corporate greed gets you. 
The purpose of a contract is to ensure the completion of actions based on specific guidelines or stipulations for the parties involved. Incidentally, most people think that in order for a contract to be valid it has to be written, but that isn’t always the case.

 

A valid contract does however need to contain certain elements. First of all, it needs to identify all the parties involved. Secondly, it needs a mutual consent between the parties. Typically, there is an offer and acceptance that takes place between the parties that is communicated in the contract.

 

Thirdly, a valid contract needs to have an object, which is the portion of the contract that is actually being agreed upon. For this part, it is best to be specific on dates, deadlines, payments, breach of contract requirements, and termination conditions.

 

The fourth element is the consideration factor. The consideration shows what each party will gain as a result of the agreement. Paul Mitchel Systems offers “A EXCLUSIVE” to the product in your salon. Do you see the product anywhere else? I see it all over the commercial sector of the beauty industry.  Is that what you signed for.

 

The next time you see a contract, make sure it includes all the above elements. If it doesn’t, or if there is a portion that you question, you should probably contact a lawyer before you take any action. When considering buying Paul Mitchell products be assured that there end of the bargain will be in the commercial sector of retailing and not your salon. When considering of having a retail line in your salon, go with independent manufacturers within the beauty industry. AND DONT SIGN A CONTRACT. It is a waste of ink.


OSHA SETS THE STANDARD, BUT ARE THEY FOLLOWED IN YOUR SALON?

THE REAL HAIR TRUTH

Employers shall maintain any material safety data sheets that are received with incoming shipments of hazardous chemicals, and ensure that they are readily accessible during each workshift to employees when they are in their work areas.

 

The material safety data sheet includes important information about what a product contains and how the ingredients can affect a worker’s health. Salon owners and other employers must have a material safety data sheet for any of the products they use that contain hazardous chemicals. They must also make the sheet available to stylists and other workers.

Employers shall ensure that labels on incoming containers of hazardous chemicals are not removed or defaced.

 

Employers shall maintain copies of any material safety data sheets that are received with incoming shipments of the sealed containers of hazardous chemicals, shall obtain a material safety data sheet as soon as possible for sealed containers of hazardous chemicals received without a material safety data sheet if an employee requests the material safety data sheet, and shall ensure that the material safety data sheets are readily accessible during each work shift to employees when they are in their work area(s).

 

Any consumer product or hazardous substance, as those terms are defined in the Consumer Product Safety Act (15 U.S.C. 2051 et seq.) and Federal Hazardous Substances Act (15 U.S.C. 1261 et seq.) respectively, where the employer can show that it is used in the workplace for the purpose intended by the chemical manufacturer or importer of the product, and the use results in a duration and frequency of exposure which is not greater than the range of exposures that could reasonably be experienced by consumers when used for the purpose intended.

Is this really followed in your salon, do you have proper ventilation in your salon? 9 out of 10 beauty industry salon do not!

Review of ‘The Real Hair Truth’ from Shear Miracles

The Real Hair Truth, Volume 1 by Joseph Kellner

The Real Hair Truth is the first documentary that I have seen in my 20 years of being in the beauty industry that has portrayed many of the thoughts and feelings about the hair business that I have had for many years. If you are a hair dresser, salon owner or thinking about becoming involved in the industry, please watch this film with a positive open mind. Although on the surface, this documentary may be taken as negative about the hair industry, it is not. Our industry is at a turning point in our country. No longer is becoming a hair dresser associated with those individuals that are considered “not college material” or for those who don’t know what they want to do with their future. According to one of The Real Hair Truth’s contributors, Eric Charles Mokotoff, an accomplished hair dresser, educator, and colorist, “it is a profession of art, science, psychology, creativity, fashion, beauty, trend, media and well-being.” Joseph Kellner, a successful hair dresser and make-up artist of over 20 years, is calling for a positive change at the appropriate time. This is exciting to me! He covers many different topics including practical advice on being a successful hair dresser, how to look for the right salon to start in, the necessity of apprenticeship, the importance of continuing education, booth renting verses commission based salon programs and salaries, hair shows, maufacturer based beauty school education, and so much more. Please buy this film, pass it on, put into practice what you learn and become part of the change. (Plus, Joseph donates a portion of the proceeds from this documentary to go to continuing education for hair dressers that cannot afford it!)

US Labor Department’s OSHA issues hazard Alert!

 

US Labor Department’s OSHA issues hazard alert to hair salon owners, workers
on smoothing and straightening products that could release formaldehyde!

The U.S. Department of Labor’s Occupational Safety and Health Administration is issuing a hazard alert to hair salon owners and workers about potential formaldehyde exposure from working with some hair smoothing and straightening products.

The hazard alert, available on OSHA’s website at http://www.osha.gov/SLTC/formaldehyde/hazard_alert.html, provides information about OSHA’s investigations, the health hazards of formaldehyde and how to protect people who are working with hair smoothing and straightening products.

Responding to complaints and referrals about possible exposure to formaldehyde, federal OSHA and many state occupational safety and health agencies are conducting investigations. Oregon’s Occupational Safety and Health Administration, Connecticut’s Department of Public Health, and agencies in several other states already have issued warnings.

Federal OSHA has found formaldehyde in the air when stylists used hair smoothing products, some of which do not have formaldehyde listed on their labels or in material safety data sheets as required by law. During one investigation, the agency’s air tests showed formaldehyde at levels greater than OSHA’s limits for a salon, even though the product tested was labeled as formaldehyde-free. California’s Occupational Safety and Health Administration recently issued violations to an importer and distributer of smoothing products labeled formaldehyde-free for failing to list formaldehyde as a hazardous ingredient on the company’s product labels and in the material safety data sheets.

Formaldehyde presents a health hazard if workers are exposed. It can irritate the eyes and nose; cause allergic reactions of the skin, eyes and lungs; and is linked to nose and lung cancer.

OSHA requires manufacturers, importers and distributors of products that contain formaldehyde as a gas or in solution, or that can release formaldehyde during use, to include information about formaldehyde and its hazards on product labels and in the material safety data sheets that are sent to employers.

“Workers have the right to know the risks associated with the chemicals with which they work, and how to protect themselves,” said federal OSHA Assistant Secretary Dr. David Michaels. “Employers need to know these risks in order to ensure the safety and health of their employees.”

To eliminate potential worker exposure, OSHA recommends that salon owners use products that do not contain formaldehyde, methylene glycol, formalin, methylene oxide, paraform, formic aldehyde, methanal, oxomethane, oxymethylene or Chemical Abstract Service Number 50-00-0.

If a salon owner decides to continue using a formaldehyde-containing hair smoothing product, then he or she must follow OSHA’s formaldehyde standard. Important requirements of this standard include conducting air monitoring, installing ventilation where needed and training workers about formaldehyde, as well as providing protective equipment such as gloves, chemical splash goggles, face shields and chemical resistant aprons.

The material safety data sheet includes important information about what a product contains and how the ingredients can affect a worker’s health. Salon owners and other employers must have a material safety data sheet for any of the products they use that contain hazardous chemicals. They must also make the sheet available to stylists and other workers.

OSHA currently has a number of ongoing investigations at salons and of importers/distributors/manufacturers relating to hair smoothing and straightening products. Some citations have been issued.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA’s role is to ensure these conditions for America’s working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov/index.html.