Hard hats while working on scaffolds

November 10, 1993

Mr. John T. Kennedy
Warner, Fox, Seeley, Dungey, Sweet & Kennedy
[Recipient address omitted]
Dear Mr. Kennedy:

This is in response to your letter of June 28 requesting an interpretation of the Occupational Safety and Health Administration (OSHA) standards addressing head protection. I apologize for the delay in responding to your inquiry.

With regard to whether employees working on scaffolds with nothing above them are required to wear protective helmets, please be advised that whether or not head protection is needed depends on the specific circumstances at the construction site. A hardhat may not be necessary while working on the top level of a scaffold where there is no danger of injury from falling objects and the nature of the work does not introduce additional hazards. A hardhat is necessary for protection from impact-type head injuries when material is being handled at head level, when the employee is bending or leaning between scaffold members, to protect against injury or slips and falls, or during travel around the construction site where any number of potentially hazardous situations exist. It is for this reason that OSHA recommends hard hats be worn at all times on a construction site. With regard to whether the protective helmet requirement is intended to address injuries that result from a fall off a scaffold, please be advised that the term "head injury from impact" does not pertain to impact with the ground as a result of a fall from elevation.

If we can be of any further assistance, please contact me or Mr. Dale Cavanaugh of my staff at (202) 219-8136.

Sincerely,
Roy F. Gurnham, P.E., Esq.
Director
Office of Construction and Maritime
Compliance Assistance

[Requester letter reproduced on OSHA page; omitted here.]