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Posted By Graham Hydes
Can anyone tell me if there is any case law on an individual wearing protective headwear incorrectly? I am having difficulty convincing my management, to stop workers wearing their hats back to front.
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Posted By AlanB
There are many ways of convincing your boss. Firstly tell him that if a person was to get seriously injured following a bang on the helmet whilst it is worn back to front, then the company are open to prosecution for failing to ensure the equipment was worn correctly.
Examples of legislation to support this are:
PPE regs 1992:
Regulation 4 , where it states that PPE must fit the wearer correctly - helmets worn back to front DO NOT fit correctly, regardless of what anyone says. They are not designed to be worn in that manner thus are impossible to fit correctly.
Regulation 9, where instruction and training must be given on use of PPE. Again, wearing hardhats wrong way round shows that correct training and instruction has not been given. Again, open to possible prosecution.
Regulation 10, is regarding use of PPE. It basically says that it MUST be worn correctly. Again, up for prosecution if things go wrong.
You could also argue the case through Provision and Use of Work equipment regs, where all equipment must be used as it was designed.
Another angle would be that the manufacturer will provide a guide on how to use the hard hats. If the hard hats are not worn as instructed by the manufacturer, then that can be seen as negligence.
My advice is for you to stick to your guns, and tell your boss that if things don't change, he could be up for some serious problems when things go wrong.
Stick to your guns!
Alan
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Posted By Karen Todd
Hello Graham,
Under the PPE at Work Regs, the employer has to take all reasonable steps to ensure that any PPE provided to his employees is PROPERLY used.
Employees also have a duty to use their PPE in accordance both with any training in the use of it and any instructions regarding its use.
I looked in HSEs prosecutions database but the only one I could find was case number F030000270 where a 21 year old employee sustained a serious cut to the lower arm and wrist whilst manually handling flat glass. Prosecution taken as the employer had failed to provide suitable personal protective equipment (PPE) including wrist gauntlets to the employee who was injured. Where PPE had been provided the company had failed to provide instructions on its use and ensure that it was actually used.
Why are they wearing their hard hats back to front? If it is because they are climbing ladders and can't see, you can get reduced peak type hats. Next they will be wearing woollen hats or baseball caps with their hard hat perched on the top of that as the weather gets colder, then in summer they will be drilling holes for ventilation...
Regards,
Karen
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Posted By LittleBG
Hi Graham
I have emailed you direct with an attachment HSE Construction Information Sheet 50 - PPE Safety Helmets.
Good Luck!!
Brian
PS I remembered to attach the file to the second email...SORRY!!!!!!
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Posted By John Webster
Graham
Wielding the big stick is unlikely to result in full acceptance.
If this is a serious problem, I think you may need to go back to basics.
Does either legislation or risk assessment require protective head gear at all? Or is this just a blanket rule for which the staff are showing their contempt?
As Karen says, find out why they do not wear the hats properly. There may be upward vision problems, or the peaks may get in the way if there is close-up work.
Shortlist some appropriate designs for the work. If they have to be worn all day, make sure they are comfortable (be prepared to avoid the cheapest models), and suitable for the environment and any necessary attachments. Then get the staff to choose which style and colours they prefer.
Add education/information on why they should wear hard hats, and back it up with a consistently enforced policy on dealing with those who still choose to do their own thing. You might even like to ask THEM what that policy should be, you could be pleasantly surprised at the results.
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Posted By Jim Sweetman
Graham,
Respondees have given you good feedback so far, but, as some of them say, the answer may not lie in hitting someone with legislation.
One very useful approach that I used to use, whilst visiting LA sites, was to tap the front of the helmet down. If it is being worn back to front, the wearer will not enjoy the experience. Be careful on this, though, I stood head and shoulders above most of them so could get away with it!
A final point to consider - I saw one 'back to front' helmet but could not put my finger on what was different. On talking to the man, I suddenly realised that he had changed the liner around. In effect he was 'wearing' his helmet properly, even though the shell was the wrong way round. You can't win them all!
Regards
Jim
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Posted By Karen Todd
Graham,
Be very careful about touching anyone in today's litigous society. I recall someone being charged with assault for knocking a policeman's hat off...you would not want to be charged with assault and battery!
I did laugh at the thought of what would happen if the front of the hat was tapped down though.
Regards,
Karen
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Posted By Steve Sedgwick
Graham
Tell everyone that they must wear their helmets the wrong way round infuture, they will probably put them on the right way and say stuff you mate.
Steve
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Posted By Philip McAleenan
We should'nt lose sight of reality here folks, namely that we are talking about adults, not children. And adults are expected to take responsibility for their actions. Therefore the employer who fails to enforce his own safety controls should not complain when he is prosecuted and then sued for a hefty sum by an injured employee, nor should a worker who fails to wear his PPE correctly (or otherwise follow the safety controls) expect anything less than injury and/or disciplining (including loss of job)and possibly also prosecution.
And if the PPE is unsuitable or defective, report it.
Regards, Philip
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