Why law is violated if my workers don’t wear hard hats?

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# VIOLATIONS (cont.) B. Identical Standards. - Generally, similar workplace conditions or hazards can be demonstrated by showing that in both situations the identical standard was violated, but there are exceptions. - EXAMPLE 4-29: A citation was previously issued for a violation of §1910.132(a) for not requiring the use of safety-toe footwear for employees. A recent inspection of the same establishment revealed a violation of §1910.132(a) for not requiring the use of head protection (hard hats). Although the same standard was involved, the hazardous conditions in each case are not substantially similar and, therefore, a repeated citation would not be appropriate. C. Different Standards. - In some circumstances, similar conditions or hazards can be demonstrated even when different standards are violated. - NOTE: There is no requirement that the previous and current violations occur at the same workplace or under the same supervisor. D. Obtaining Inspection History. - For purposes of determining whether a violation is repeated, the following criteria shall apply: 1. High-Gravity Serious Violations. a. When high-gravity serious violations are to be cited, the Area Director shall obtain a history of citations previously issued to this employer at all its identified establishments nationwide, within the same two digit Standard Industrial Classification (SIC) or three-digit North American Industry Classification System (NAICS) code. The history of repeated violations is based on the employer's establishments nationwide and cannot be limited to region-wide. b. If these violations have been previously cited within the time limitations (described in Section VII.E of this chapter) and have become final orders of the OSHRC, a repeated citation can be issued. c. Citations from previous inspections upon which a proposed repeated citation will be based must have become a final order before the initiation of the second inspection. d. Under special circu…

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U.S. DEPARTMENT OF LABOR # Occupational Safety and Health Administration - Part Number: 1926 - Part Number - Title: Safety and Health Regulations for Construction - Subpart: 1926 Subpart E - Subpart Title: Personal Protective and Life Saving Equipment Standard - Number: - 1926.100 - Title: Head protection. - GPO Source: e-CFR ## 1926.100(a) Employees working in areas where there is a possible danger of head injury from impact, or from falling or flying objects, or from electrical shock and burns, shall be protected by protective helmets. ## 1926.100(b) Criteria for head protection. 1926.100(b)(1) The employer must provide each employee with head protection that meets the specifications contained in any of the following consensus standards: 1926.100(b)(1)(i) American National Standards Institute (ANSI) Z89.1-2009, "American National Standard for Industrial Head Protection," incorporated by reference in $1926.6; - 1926.100(b)(1)(ii) American National Standards Institute (ANSI) Z89.1-2003, "American National Standard for Industrial Head Protection," incorporated by reference in $1926.6; or Submit Feedback

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# CONSTRUCTION STANDARD (cont.) ## R 408.[redacted postal code] Scope, adoption, and availability. - Rule 601. (1) This standard provides specifications for personal protective equipment and prescribes the use, selection, and maintenance of this equipment for the protection of the employee's head, face, eyes, hands, feet, and body during construction operations. (2) Hearing protection must be in compliance with Occupational Health Standard Part 680. "Occupational Noise Exposure." (3) Respiratory protection must be in compliance with General Industry and Construction Safety and Health Standard Part 451. "Respiratory Protection." (4) Protective equipment, including personal protective equipment for eyes, face, head, hands, feet, and body, protective clothing, and protective shields and barriers, must be provided, used, and maintained in a sanitary and reliable condition wherever it is necessary by reason of hazards of processes or environment, chemical hazards, radiological hazards, or mechanical irritants encountered in a manner capable of causing injury or impairment in the function of any part of the body through absorption, inhalation, or physical contact. (5) The following federal Occupational Safety and Health Administration (OSHA) regulations are adopted by reference in these rules: (a) 29 CFR 1926.28 "Personal protective equipment," as in effect as of the effective date of these rules. (b) 29 CFR 1926.100 "Head protection," as amended July 23, 2012. (c) 29 CFR 1926.102 "Eye and face protection," as amended March 25, 2016. (d) 29 CFR 1926.97 "Electrical protective equipment," as amended July 10, 2014. (e) 29 CFR 1926.105 "Safety nets," as amended August 2, 1995. (6) A reference to 29 CFR part 1926, subpart E "Personal Protective and Life Saving Equipment," means the following standards: (a) Construction Safety and Health Standard Part 6. "Personal Protective Equipment." (b) Occupational Health Standard Part 680. "Occupational Noise Exposure." (c)…

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# VIOLATIONS (cont.) 4. Unobserved Exposure. - Where employee exposure is not observed, witnessed, or monitored by CSHOs, employee exposure can be established through witness statements or other evidence that exposure to a hazardous condition has occurred or may continue to occur. a. Past Exposure. - In fatality/catastrophe (or other "accident/incident") investigations, prior employee exposure(s) can be established if CSHOs establish, through written statements or other evidence, that exposure(s) to a hazardous condition occurred at the time of the accident/incident. Prior exposures also can serve as the basis for a violation when: - The hazardous condition continues to exist, or it is reasonably predictable that the same or similar condition could recur; - It is reasonably predictable that employee exposure to a hazardous condition could recur when: - The employee exposure has occurred in the previous six months; - The hazardous condition is an integral part of an employer's normal operations; and - The employer has not established a policy or program to ensure that exposure to the hazardous condition will not recur. b. Potential Exposure. - Potential exposure to a hazardous condition can be established if there is evidence that employees have access to the hazard, and can include one or more of the following: - When a hazard has existed and could recur because of work patterns, circumstances, or anticipated work requirements; - When a hazard would pose a danger to employees simply by their presence in an area and it is reasonably predictable that they could come into that area during the course of the work, to rest or to eat, or to enter or exit from an assigned work area; or - When a hazard is associated with the use of unsafe machinery or equipment or arises from the presence of hazardous materials and it is reasonably predictable that an employee could again use the equipment or be exposed to the materials in the …

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# Occupational Safety and Health Administration (cont.) ## 1926.100(b) (cont.) 1926.100(b)(1)(iii) American National Standards Institute (ANSI) Z89.1-1997, "American National Standard for Personnel Protection-Protective Headwear for Industrial Workers-Requirements," incorporated by reference in $1926.6. - 1926.100(b)(2) The employer must ensure that the head protection provided for each employee exposed to high-voltage electric shock and burns also meets the specifications contained in Section 9.7 ("Electrical Insulation") of any of the consensus standards identified in paragraph (b)(1) of this section. - 1926.100(b)(3) OSHA will deem any head protection device that the employer demonstrates is at least as effective as a head protection device constructed in accordance with one of the consensus standards identified in paragraph (b)(1) of this section to be in compliance with the requirements of this section. [77 FR [redacted postal code], June 22, 2012; 77 FR [redacted postal code], July 23, 2012] Scroll to Top + OSHA Occupational Safety and Health Administration [redacted street address] NW Washington, DC [redacted postal code] 1-800-321-OSHA 1-[redacted phone] www.osha.gov Standards Enforcement Topics Media Center Contact Us DIPARTMENT OF LABOR UNITED STATES OF AMERICA # U.S. DEPARTMENT OF LABOR Submit Feedback