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Work Accidents and Helmets: Safety from Head Trauma for the Industrial Worker

Work accidents involving head injuries are some of the most tragic, because not only can they kill the worker but the resulting brain trauma or spinal cord damage for those who survive can result in permanent, life-long disabilities.  In an instant, the life of that worker in one of our steel mills; factories; warehouses; or construction sites is forever changed as well as that of their loved ones.  For more on blunt force trauma and traumatic brain injuries read, Work-Related Traumatic Brain Injury (WR-TBI) Dangers Facing Industrial Workers in Illinois and Indiana; and Blunt Trauma Injuries in Industrial Work Accidents.

Helmets are the obvious safety measure for most industrial workers to protect them from this type of harm.  Of course, there is no one simple style of head gear providing safety across all the different types of jobsites here in Illinois and Indiana. 

They vary both by class and type, depending upon the need of the worker.  For instance, a Type II helmet might be found on a construction worker busy on a site where there is a risk of side impacts or tight spaces.  They come with accessories, too: things like chin straps or face shields or hoods.  These need to be coordinated with the helmet for fit and compatibility. 

All of this safety gear should come with internal labels and markings that make it clear to the worker as well as all those with possession, custody, or control of aspects of that jobsite that it meets specifics for a type/class; warns against certain hazards or risks; includes manufacturer information important to the wearer; and has details regarding compliance.

Helmets: Regulations and Industrial Standards

Helmets are regulated, both by federal regulations as overseen by the Occupational Safety and Health Administration (“OSHA”) as well as various industrial standards (e.g., ANSI/ISEA Z89.1-2014 (American National Standard for Industrial Head Protection).  Of note, “hard hats” and “safety helmets” are not the same. As OSHA explained in November 2023:

…Dating back to the 1960s, traditional hard hats protect the top of a worker’s head but have minimal side impact protection and also lack chin straps. Without the straps, tradition hard hats can fall off a worker’s head if they slip or trip, leaving them unprotected. In addition, traditional hard hats lacked vents and trapped heat inside.

On Nov. 22, 2023, OSHA published a Safety and Health Information Bulletin detailing key differences between traditional hard hats and more modern safety helmets and the advancements in design, materials and other features that help protect workers’ entire heads better. Today’s safety helmets may also offer face shields or goggles to protect against projectiles, dust and chemical splashes. Others offer built-in hearing protection and/or communication systems to enable clear communication in noisy environments.

The agency recommends safety helmets be used by people working at construction industry and the oil and gas industry; in high-temperature, specialized work and low-risk environments; performing tasks involving electrical work and working from heights; and when required by regulations or industry standards.

OSHA wants employers to make safety and health a core value in their workplaces and is committed to doing the same by leading by example and embracing the evolution of head protection.

For instance, safety helmets must meet ANSI Z89.1 performance and labeling requirements.  Employers are mandated under OSHA standards 29 CFR 1910.135 (general industry) and 29 CFR 1926.100 (construction) to provide workers with ANSI compliant head protection.  These industrial safety helmets usually have an internal safety label or imprint revealing Type (I or II); Class (E, G, or C); the manufacturer, model, and often the date of manufacture; as well as tiny printed text that details warnings and instructions for use.

For more, read: Industrial Standards, OSHA Regulations, and Work Accident Injury Claims and Safety Helmets or Hard Hats? OSHA Makes a Change.

1. Different Helmets for Different Industries

Helmet safety varies because different risks exist on different worksites.  Read, U.S. Department of Labor, Occupational Safety and Health Administration. Head Protection: Safety Helmets in the Workplace. Safety and Health Information Bulletin, 6 Mar. 2024.

For construction workers, there are lots of dangers involving overhead hits and getting struck from the side. Accordingly, helmets that meet the requirements of Type II helmets are commonplace.  If there is a risk of being near live wires or electric current, then it will also need corresponding Class compliance for electrical exposure.  From 29 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.

Steel mills are a big part of our economy here our part of the country.  For those on the job in steel mills (e.g., mini mills or fabrication), work safety should include head gear that protects against site dangers like being struck by objects or splashed by molten metal.  Steel worker helmets need things like full brim options, and protective accessories including face shields or earmuffs.  See, 29 CFR 1910.135.

For those on the job in our factories, manufacturing plants, warehouses, distribution centers, and other general industrial sites, the helmet must conform to the specific worksite of each worker.  There should be an assessment done by those with possession, custody, or control of the site, with safety helmets matched to tasks and correlated hazards.  Type II helmets may be considered here.  See, ANSI Z89.1. 

See also, OSHA Issues New Standards for On the Job Head Gear for Those Working Construction, Longshoring, or in Shipyards.

2. Inspection, Replacement, and PPE Programs for Safety Helmets

Workers on our industrial worksites should expect not only to have head protection that meets the dangers they face, as defined by regulation and industrial standard, but they should be alert and aware to the duties of care owed them each day regarding helmet safety. 

Inspections, Replacements

Helmets and head gear cannot be thrown at a worker and that’s the end of the story.  Helmets should be inspected before each shift to make sure they are in good repair and order. The worker and others on the site should make sure that helmets do not have things like cracks or dents, etc.  They should not be used after their service-life guidance as detailed in the fine print on the helmet itself (provided by the manufacturer).   Inspection records should be made as required by regulation by the powers-that-be. 

Training on Coordinated PPE Use

Workers should be trained on proper helmet use and safety, too.  How should it be worn?  What accessories are needed on the job?  How do they fit with the hat itself?  What are the limitations in safety here? 

After all, a helmet can only do so much.  Workers should be trained on how their head gear works in tandem with things like respirators (see 42 CFR Part 84); goggles or face shields (See ANSI/ISEA Z87.1); or arc-rated clothing (see NFPA 70E) to keep them safe on the job.

Work Accidents and Safety Helmet Injury Claims

When a worker on one of the complex industrial worksites here in Illinois or Indiana suffers severe bodily harm in an on-the-job accident, several different investigations may be undertaken to find out all the reasons why the person was hurt.  There may be regulatory inspectors alongside insurance adjusters and company investigators compiling data.  The worker victim’s accident reconstruction expert team may be involved at the same time, completing their own independent analysis. 

Key here is understanding the event itself as well as all those who had a legal “duty of care” to keep the worker safe, and how the duty was breached.  This may result in claims for damages that are separate and distinct from any available benefits under the state workers’ compensation laws. 

Safety helmets may come into focus as part of the worker’s investigation, where legal advocates and reconstructionists ask things like:

  • Were OSHA regulations followed that are designed to provide proper head protection in the face of specific hazards (such as electric current or falling objects)?
  • Who all has a legal duty here? For instance, the general contractor may have a safety duty regarding the worker’s helmet if they have control over the site. 
  • Was there a failure to warn of a risk? The safety helmet should have proper warning labels.  Was the label there? Was it correct?  Did it fail to consider the risk that caused the injury?
  • Did the helmet design fail in some way? The helmets are products, manufactured and sold in the marketplace.  There are all sorts of safety helmets available online, at all sorts of price points.  Did the helmet break, crack, or fail in some way that in doing so, not protect the worker’s head from being injured? 

Safety helmets are extremely important on our industrial worksites.  After any serious work injury, a worker hurt on the job may find that the safety helmet was among the contributing factors to the accident injuries the worker sustained.  Expert opinions may be needed to confirm this, and other factors may also be involved in causation here.

For more, read:

Helmets are designed to protect against serious work accidents on our industrial sites where workers can suffer debilitating head trauma or wrongful death in a job injury.  Industrial head gear is advanced and heavily regulated.  Safety helmets should fit properly, come with training, be periodically inspected, and contain proper safety warning labels.  Please be careful out there!

Contact Us

If you or a loved one has been seriously injured or killed due to the wrongful acts of another, then you may have a legal claim for damages as well as the right to justice against the wrongdoer and you are welcomed to contact the Northwest Indiana and Chicagoland personal injury lawyers at Allen Law Group to schedule a free initial legal consultation.

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