107.4 Safety and Sanitary Provisions
Sec 107.4 provides information on the contractor’s responsibility for safety and sanitary provisions.
All workers within highway right of way shall wear approved ANSI/ISEA 107 Performance Class 2 or 3 safety apparel, including safety glasses and safety footwear. See EPG 616.4.3 Worker Safety Considerations for worker apparel and EPG 616.5.2 High-Visibility Safety Apparel for flagger apparel.
Hard Hat Exemption for Religious Beliefs
MoDOT’s safety policy on hard hats can be waived in accordance with OSHA guidance.
OSHA does permit an exemption for hard hat use for employees with religious beliefs that prevent the use of hard hats (specifically the Amish and Sikh Dharma Brotherhood). But OSHA recommends, and in some situations requires, the employer to provide notice to the employee of all overhead hazards. Failure to notify, if required, could result in an OSHA citation. OSHA also requires that any religious exemption be reported to OSHA.
The contractor is required to inform the employee(s) with the religious objection to wearing hard hats of overhead hazards. It is recommended that OSHA also be notified of any religious exemptions.
The OSHA exemption does not apply to other PPE, and so other PPE must be reviewed on a case-by-case basis. For example, OSHA will not permit this hard hat exemption instruction to be used for respirators (that is, there is no religious exemption for respirator use).