Baby, It’s Cold Outside: Hoodies and Hardhats

“Although OSHA does not have a specific standard that covers working in cold environments, employers have a duty to protect workers from recognized hazards, including cold stress hazards.”  — OSHA Winter Weather notice

While we have had days that are unseasonably warm, there have already been days that were bitterly cold. And we haven’t even entered into the coldest part of winter. And around here, there is still a lot of construction going on as contractors try to finish their projects. So, it’s common to see workers outside wearing hoodies with their hoods up to keep warm, while wearing hardhats to protect themselves from falling objects.

They can’t do that.

Why Is Wearing a Hood Under a Hardhat Prohibited?

When there is a possibility of head injury—from impact, from falling or flying objects, or from electrical shock and burns—OSHA requires that workers wear hardhats. Specifically, hardhats that comply with ANSI Z89.1-2009, or are at least as effective as a hardhat that does.

To comply with ANSI Z89.1, a hardhat design must be tested and shown to meet the specifications of the standard. Hardhat manufacturers test their hardhats, but not when worn over a hat. Not over a baseball cap. Not over a ski mask. And not over the hood of a hoodie. The concern is that a hat will interfere with the protection provided by the hardhat suspension. Will it? Maybe not. But in the absence of test results that show that a hat will not interfere with the hardhat suspension, the presumption must be that it will. At least, that will be OSHA’s presumption.

So, don’t wear a hardhat over a hoodie hood.

But It’s Cold Outside

When it’s cold outside, employers must protect their workers from exposure to cold stress. Even if they must also protect them from head injury. While hoodies may be perfectly adequate protection from the cold, they cannot be worn under hardhats.

Other solutions are required.

If the hood on a hoodie is big enough to be worn over the hardhat, that is perfectly acceptable. At least as far as head protection is concerned. The hood won’t provide much warmth, however, if the brim of the hardhat shell is holding it out from the head.

OSHA doesn’t prohibit wearing a hat under a hardhat. The requirement is that the hat doesn’t interfere with the hardhat suspension, and that the hat has been tested to demonstrate that.

There are winter liners designed to be worn under hardhats. The ANSI hardhat standard allows for them and OSHA wrote a letter of interpretation to make sure that we all knew that they did not prohibit the use of these hardhat-compatible winter liners. (Of course, OSHA wouldn’t come out and say that they approved of these winter liners. Not prohibiting seemed to be the best they could do.)

Who Pays for Hardhat-Compatible Winter Liners

OSHA hasn’t said anything explicitly about who pays for hardhat-compatible winter liners. On the one hand, with few exceptions, OSHA requires employers to pay for PPE used to comply with OSHA standards. Examples in a 2017 OSHA handout include hardhats. On the other hand, OSHA lists as an exception to this requirement “Ordinary clothing, skin creams, or other items, used solely for protection from weather, such as winter coats, jackets, gloves, parkas, rubber boots, hats, raincoats, ordinary sunglasses, and sunscreen.”

Where would OSHA come down on the question of hardhat-compatible winter liners? Would they see them as “other items, used solely for protection from weather, such as … hats.” Or would they look at them, decide that winter liners were too ugly to wear except on the job, and rule that the employer must pay for them.

I lean toward the employer pays, and Google’s Generative AI agrees. (Google Who must pay for hardhat winter liners? OSHA, to see what I mean.)

Yes, a Worker May Need Both

In cold weather, workers who are at risk of head injury must wear both head protection and protection from cold stress.  That means an acceptable hardhat AND acceptable head covering. Hoodies are not acceptable head covering. Workers can wear a hardhat and a hoodie at the same time, but not with the hood up under the hardhat. For protection from the cold, they will need to wear a hardhat-compatible winter liner. There are many available, and the employer should plan to pay for them.