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Standard Number: 1926.31; 1926.100
April 17, 2006
Mr. Mark Kasel
KBI NorCal Training and Safety Director
KBI Construction
1855 1st Street
Dixon, CA 95620
Re: 29 CFR 1926.31 and 1926.100; wearing caps or other apparel under a hard hat for cold weather protection.
Dear Mr. Kasel:
This is in response to your fax submitted September 30, 2005, to the Occupational Safety and Health Administration (OSHA). We apologize for the delay in responding.
We have paraphrased your question as follows:
Question: Do OSHA requirements prohibit an employee from wearing a cap, scarf, or other item on his/her head, for purposes of cold weather protection, while wearing a hard hat?
Answer: Part 29 CFR 1926.100 provides:
ANSI Z89.1-1969 provides:
Liners specifically designed for use with hard hats
The use of the terms "accessories" and "winter liners" indicate that these ANSI standards permit the use of cold weather liners that are specifically designed for use with hard hats — that is, specifically designed to be compatible with the protective properties of the helmets. Therefore, use of a "winter liner" specifically designed to be compatible with the hard hat's protective properties is not prohibited.
Garments not specifically designed for use with hard hats
In contrast, if the use of a garment were to detract from the hard hat's protective properties, it may no longer meet the specification requirements in these ANSI standards. If that were the case, its use would violate §1926.100.
It is unlikely that an employer would be able to determine whether a garment not specifically designed to be compatible with a hard hat's protective properties, in fact, compromised those properties. Consequently, as a practical matter, an employer typically would not be able to ascertain if its use violated §1926.100. Therefore, we recommend that employers permit only liners that are specifically designed to be compatible with the protective properties of the hard hat.2
Finally, your inquiry references the standards of ANSI Z98.1-2003. Please note that Z89.1-1969 and Z89.2-1971 are the ANSI standards incorporated in OSHA regulations. Based on OSHA's de minimis policy, where OSHA has adopted an earlier consensus standard, employers who are in compliance with the updated version will not be cited for a violation of the old version as long as the new one is at least equally protective.3
If you need any additional information, please contact us by fax at: U.S. Department of Labor, Directorate of Construction Office of Construction Standards and Guidance, (202) 693-2020. You may also contact us by mail at the above office, Room N3468, 200 Constitution Avenue, N.W., Washington, D.C. 20210, although there may be a delay in our receiving correspondence by mail.
Sincerely,
Russell B. Swanson, Director
Directorate of Construction
1 Pursuant to 29 CFR 1926.31, "[o]nly the mandatory provisions (i.e., provisions containing the word "shall" or other mandatory language) of standards incorporated by reference are adopted as standards under the Occupational Safety and Health Act." Therefore, the "should" provisions in these ANSI standards are not OSHA requirements.
2 We also recommend that the employer contact the hard hat manufacturer to determine if any type of liner or garment is compatible with the use of the hard hat. As you point out in your letter to us, Bullard, a hard hat manufacturer, states in its website that "hard hat users should never...wear anything inside a hard hat," as it may limit the necessary protective clearance between the hard hat shell and the wearer's head. 3 Note that we made a similar statement in a February 28, 2001, letter to Mr. H. B. Bud Hayden, Jr.