OSHA 1910.135 establishes workplace risk assessments for a head injury as the employer's responsibility to conduct. Based on the risk assessment the use of hard hats may be required.
In locations where there is no potential for head injuries, head protection is not required by OSHA 1910.135. Employers may still require that hard hats be worn in those locations; or when certain activities are taking place; or that they are worn by specific employees. Finding that an area does not have a potential for head injury hazards, does not prevent the employer from requiring that hard hats be worn.
In the workplace, avoidance of head injuries through risk assessment and implementation of appropriate controls is the most important preventive measure. The use of seat belts and safety helmets is important. Where there is a risk of falling objects, netting can be rigged below the work area, warnings given for those in the vicinity, and wearing of hard hats made compulsory. However, a safety helmet will not protect an individual from serious head if anything heavy is dropped from a height.
It is the employer's responsibility to ensure that appropriate head protection is used by employees who are in any area where there is a potential for an injury to the head from falling objects. A hard hat that will provide protection against electrical shock must be worn by employees, if there is potential for head contact with exposed electrical conductors. In that case, the hard hat must be designed to protect against electrical shock or burns. This means aluminum hard hats are only acceptable in areas where there is no possibility of an electrical hazard.
Hard hats must meet certain design criteria. In general, OSHA 1910.135 requires that all types of protective helmets resist penetration by objects, absorb the shock of a blow, be water-resistant, and have slow-burning properties.
1910.135 also require that the manufacturers' instructions for adjustment and the replacement of the suspension and headband be followed. If a hard hat suspension system shows any sign of damage or deterioration, it must be replaced. The suspension must also be replaced at the time intervals specified by the manufacturer, without regard to whether there is damage or not.
OSHA does not specify the specific design requirements for protective helmets. However 1910.135(b)(1) specifies that head protection must comply with the following consensus standards, or be constructed to be at least as effective as head protection that meets the following:
The above ANSI standards establish the criteria for two types and three classes of protective helmets.
All classes of helmets are intended to provide protection from falling objects. In addition, Class A and Class B helmets provide protection from electrical hazards. However, be aware that the voltages given below are the test voltages, they are not intended to be an indication of the voltage protection provided by the helmet.
Hard hat labels and stickers are commonly used to identify the employer, and may at times be used to identify the trade, union membership, or project, as well as to provide the name of the employee using the hard hat.
Stickers and labels are allowed, if applied in accordance with the manufacturer's instructions. Painting hard hats should be avoided, because it may cause deterioration of the hard hat material. The concerns with painting and hard hat stickers include:
The general rule of thumb is, don't use paint on hard hats. Use labels to mark hard hats, but use labels judiciously, and with a specific purpose. Do not cover the hard hat with a multitude of labels and stickers.
In 1990 the U.S. Supreme Court ruled that the "Free Exercise clause of the First Amendment does not relieve any individual of the obligation to comply with a neutral, generally applicable regulatory law, not-withstanding the dictates of the individual's religious practices." This meant that everyone had to wear a hard hat, when it was required for safety.
In 1993 President Clinton signed the Religious Freedom Restoration Act that defined "neutral" laws, such as those requiring hard hats, as interfering with religious freedom. As a result OSHA does not issue citations to employers who have workers who refuse to wear a hard hat for religious reasons. However, employers are responsible for:
OSHA makes it the employer's responsibility to identify hazards and ensure those hazards are either eliminated, guarded, or that employees are protected by PPE. In the case of head injury hazards this usually means wearing a hard hat. Erring on the safe side, by requiring hard hats be worn everywhere except in office areas, is often the best policy. Download our free EHS Managers Guide below for a handy reference in safety management.