Is Ontario's Ministry of Labour Failing Nail Salon Workers?

Last week the New York Times ran two excellent pieces called "The Price of Nice Nails" and "Perfect Nails, Poisoned Workers", which document the abuse of nail salon workers in the New York City area. The response to the piece has been heartening and yesterday Governor Andrew Cuomo announced the enactment of emergency measures to protect nail salon workers. All of this attention on the plight of nail salon workers got me wondering about labour conditions in Ontario, so I did a little digging and the results aren't terribly encouraging.

The concerns raised in the New York Times piece related to nail salon workers boiled down to concerns around health and safety violations and exposure to chemicals, widespread wage theft and systematic breaches of employment standards, and the exploitation of precariously employed workers. The problems documented in the piece are very similar to what's occurring in the Greater Toronto Area where well over eleven-hundred nail salons operate and the competition is just as competitive as it is south across the border.

Back in 2013 Ontario's Ministry of Labour undertook an inspection blitz targeting employment standards violations in salons, spas, and nail salons. Ninety-two (92) workplaces were inspected with over one-hundred and ninety-five violations (195) discovered. A review of the data from this inspection blitz reveals that seventy-five percent (75%) of the employers were in breach of some part of the Employment Standards Act, 2000 ("The ESA").  It's not just employment standards violations that are of a concern though, no far from it.

A 2012 piece from Denise Balkissoon in the Globe and Mail detailed the harmful health effects that nail salon workers face from the chemicals used. The Ministry of Labour, in conjunction with the Lung Association, did put out a booklet and pamphlet directed at nail salon workers, but it's unclear if there has been any ongoing efforts to address the occupational health and safety risks that nail salon workers face. The fact that the information only appears in English suggests that neither the Ministry, nor the Lung Association was prepared to engage in outreach efforts targeting immigrant workers who make up a significant portion of the workers in the GTA's nail salons. Also, the booklet and pamphlet doesn't contain any information directed at salon workers around their rights under the ESA.

There are enduring concerns about the ongoing lack of action on the harmful effects of chemicals used in nail salons. Last year the National Network on Environments and Women's Health produced a brochure about toxic chemicals and health impacts (read it in Chinese and Vietnamese). Dr. Victoria Arrandale, a Senior Research Associate at Cancer Care Ontario, states on the hazards that nail salon workers face that "It's a really unique group of workers. They have a lot of chemical exposure. They have musculoskeletal hazards. They in small businesses and there is precarious employment."

It's pretty clear that the social location of many nail salon workers puts them at risk for exploitation. These workers are predominately female, often racialized, and many are recent immigrants. All of these factors make for some challenges when crafting responses to address ongoing violations of labour standards. It's my sense that the Ministry of Labour is simultaneously aware of the ongoing industry-wide problems, but also failing nail salon workers in not crafting an adequate strategy to protect their rights and health.

I've come up with some broad recommendations that could address some of the problems that nail salon workers face in the GTA, these are: implementing adequate regulations over chemicals used in nail salons at the provincial and federal levels (i.e. dibutyl phthalate, toluene, and formaldehyde); the creation of an organization so nail salon workers could advocate for themselves collectively; having the Ministry of Labour conduct ongoing proactive enforcement around employment standards and occupational health and safety; enacting preventative measures to reduce chemical exposure and mandating the use of protective equipment; and, having the Ministry of Labour conduct ongoing outreach and education that is culturally sensitive directed at nail salon workers. I've included an excellent video below that speaks with nail salon workers and experts about the problems in the industry; furthermore, check out this excellent literature review from NNEWH on the various issues facing nail salon workers in Ontario.