ISSUE DATE: June 6, 2007

PROGRAM INFORMATION BULLETIN NO. P07-16

FROM:           KEVIN G. STRICKLIN   KEVIN G. STRICKLIN
                        Administrator for
                       Coal Mine Safety and Health

                       FELIX A. QUINTANAFELIX A. QUINTANA
                       Administrator for
                       Metal and Nonmetal Mine Safety and Health

                       MARK E. SKILES Linda Zeiler for
                       Director of Technical Support

SUBJECT:    Hard Hats

Who needs this information?
Coal mine operators, metal and nonmetal mine operators, miners' representatives, independent contractors, Mine Safety and Health Administration (MSHA) enforcement personnel, Technical Support personnel, and other interested parties should have this information.

What is the purpose of this Program Information Bulletin?
This Program Information Bulletin (PIB) informs the mining industry about hard hats that provide head protection from impact, penetration, and high voltage electric shock. This PIB further defines what a "suitable hard hat" is under the regulations.

Information
Hard hats are intended to provide miners with limited protection from impact and penetration from falling objects. Hard hats should be effective in preventing injury from small falling tools or rocks. Hard hats may also be designed to provide impact protection for the sides of the head and from electrical shock hazards. Hard hat manufacturers test hard hats to determine whether, under standardized conditions, the hard hat can adequately absorb impacts that can cause head or neck injury and adequately prevent penetration of sharp objects. Hard hats that provide electrical shock protection are typically tested at either 2,200 volts or 20,000 volts. The "hard hat" and the "hard cap" specified in the regulations at 30 C.F.R.  56/57.15002, 75.1720(d), and 77.1710(d) are equivalent.

MSHA considers a "suitable hard hat" one that has been certified under a consensus standard to provide head protection in an industrial environment. MSHA-recognized consensus standards include ANSI Z89.1, Standard for Industrial Head Protection, CSA Z94.1, Industrial protective headwear - Performance, selection, care, and use, BS EN 397, Specification for Industrial safety helmets, and BS EN 14052, High performance industrial helmets. In some circumstances, it may be necessary to provide miners with greater head impact/penetration protection, protection for the nape of the neck, or suitable head protection during firefighting. In these cases, head protection meeting military standards, National Institute of Justice riot helmet standard 0104.02, or firefighting helmet standard NFPA 1971 will be considered acceptable.

Bump caps or sporting helmets not certified under a consensus standard (especially uncertified very low profile hard hats) and certified hard hats that have been modified without their manufacturer's concurrence are not "suitable hard hats" under the regulations. Further, certified hard hats that are not maintained in accordance with their manufacturer's instructions are not "suitable hard hats" under the regulations.

Mine operators should conduct a hazard assessment to determine the type of certified, industrial head protection that is required for the job. The hazard assessment should include observations of the job activities, interviews with employees about on-the-job hazards and the styles of hard hats that will not cause associated injuries (i.e., lower-profile hard hats for use under machine canopies), evaluation for a consensus standard that may provide greater protection for a specific hazard, and a review of the accident/injury history. The hazard assessment should indicate whether side impact protection is required. Additionally, mine personnel performing electrical work need hard hats suitable to the electrical hazard.

As part of the hazard assessment, the mine operator also should consider means other than the hard hat to address hazards where greater head impact/penetration protection or protection for the nape of the neck is indicated. Hazard elimination, substitution of less-hazardous processes, equipment, or operations, engineering controls, warnings, and administrative controls, or a combination of these may be more effective than specialized personal protective equipment.

Miners must wear suitable hard hats and maintain them in accordance with the manufacturer's instructions.

What is the background for this PIB?
Recently, MSHA became aware of miners using hard hats that have been cut apart and glued back together in order to obtain a lower profile or have otherwise been structurally modified. These modified hard hats are unlikely to provide the protection intended by their manufacturer. MSHA is concerned that use of these modified hard hats will result in preventable head and neck injures.

What is MSHA's authority for this PIB?
The Federal Mine Safety and Health Act of 1977, as amended, 30 U.S.C.  801 et seq.; 30 CFR  56/57.15002, Hard Hats; 75.1720(d) and 77.1710(d), Protective Clothing Requirements.

Where Is this PIB on the Internet?
This PIB may be viewed on the World Wide Web by accessing MSHA's home page at (www.msha.gov), choosing "Compliance Info" and "Program Information Bulletins."

Who are the MSHA contact persons for this PIB?
Coal Mine Safety and Health
William Crocco (202) 693-9507
E-mail: Crocco.William@dol.gov

Metal and Nonmetal Mine Safety and Health
Neal Merrifield, (202) 693-9645
E-mail: Merrifield.Neal@dol.gov

Technical Support
Jim Angel (304) 547-2064
E-mail: Angel.James@dol.gov

Who will receive this PIB?
MSHA Program Policy Manual Holders
Coal Mine Operators
Metal and Nonmetal Mine Operators
Miners' Representatives
Independent Contractors
Special Interest Groups