By way of design the header of my document looks like this. The H1 is buried in an OL. It's still the first 'heading' tag of the page but will it lose any of it's SEO value compared to it just sitting on it's own as the first tag of the body?
<body>
<header>
<nav>
<ol>
<li><h1><a href="">Company Name</a></h1></li>
<li><a href="">About</a></li>