Patch testing is a legal requirement under Section 3 of the Health and Safety at Work Act, and failures to perform patch tests have led to prosecutions and high fines. Beauticians are not allowed to exclude their liability for personal injury you suffer as a result of their negligence.
Most insurance policies will insist that Beauticians follow their training and manufacturer’s instructions, and if a client refuses to let the Beautician do this then they must refuse to carry out the treatment.
Under English Law, the Beautician can’t opt-out of duty of care where death or injury is concerned. Even if the Beautician has secured a written statement from the client confirming that they have waived their right to have a patch test, it is still not acceptable and wouldn’t stand up in court.
It isn’t the customer’s decision, it should be the Beauticians expertise advising them that a patch test is necessary. Failing to follow these procedures could invalidate the Beauticians insurance policy, leaving them to have to settle a claim themselves. Yes, there is a risk that the customer will go elsewhere. But the potential impact of a compensation claim that could be made against the Beautician and their business, if that person ended up being injured as a result of the Beautician not following the correct procedures, pales in comparison.
How many hours prior to a treatment, do you need a patch test?
It’s recommended that a patch test should be done at least 48 hours before the treatment, rising to 72 hours or earlier if the client has diabetes or any other special circumstances. (I always recommend at least 72 hours) in order to detect a potential allergy to the product, to give your immune system time to respond.
How often should a patch test be carried out?
It’s important that the Beautician does it prior to the first time they try a new product or prior to your first treatment. It’s a good idea to then repeat allergy patch tests at least every few months – just in case the manufacturer changes any ingredients or the health of the client has changed.
It is recommended that a new patch test must be carried out after having a Covid-19 vaccination or booster. A minimum of 14 days must pass between the vaccine/booster and patch test, and no sooner.
If you’d like to find out more about this why not pick up the phone to me and call me on 07958 394717 or fill in my contact form.
