Question to the Department for Work and Pensions:

To ask the Secretary of State for Work and Pensions, what steps the Government takes to ensure that face painters use paint that is compliant with the CE standards required under Regulation (EC) No 1223/2009 on cosmetic products.

Cosmetic products, including face paints, must comply with Regulation (EC) No 1223/2009 on cosmetic products and must be safe before they can be placed on the market. Local Authority Trading Standards have responsibility for enforcement of these regulations.

In the workplace, health and safety laws apply only to those who offer face painting services commercially (employing organisations, those they employ and the self-employed). The requirements do not apply to members of the public or to those who carry out face painting on a voluntary, non-commercial basis e.g. at a community fete.

Employers and the self-employed have general responsibilities under Section 3 of the Health and Safety at Work etc Act 1974 (HSWA) to manage the risks presented by their business to ensure, so far as is reasonably practical, the safety and health of members of the public affected by their business. Whilst HSWA does not specify the standard of face paint to be used in meeting these legal duties, commercial face painters would be expected to ensure that the paints used on clients meet the relevant standards and are safe for use eg that they do not cause harmful skin reactions.

Whilst the Health and Safety Executive (HSE) holds the national policy lead for the leisure and beauty industries, responsibility for enforcing health and safety legislation at individual work premises in these sectors rests primarily with the Local Authority Environmental Health Department where the premises are located. HSE would enforce where a peripatetic commercial face painter carries out their work in domestic premises e.g. at a children’s party.

Local Authorities and HSE take a risk-based approach to targeting their regulatory activities and in terms of occupational health and safety, face painting would generally be deemed as low risk. However, where there is evidence that risks are not being properly managed e.g. as a result of concerns being raised or incidents reported, the appropriate enforcing authority is able to intervene and take appropriate enforcement action to ensure that employees and customers are protected.