Head Protection Exemption for Sikhs [UK]

The Health and Safety Executive published an article under the FAQs on its website entitled ‘are turban-wearing Sikhs exempt from…

The Health and Safety Executive published an article under the FAQs on its website entitled ‘are turban-wearing Sikhs exempt from the need to wear head protection in the workplace?‘

Exemption for sikhs

The answer in the article and to the question is “yes”.

Sections 11 and 12 of the Employment Act 1989, as amended by section 6 of the Deregulation Act 2015, provide for an exemption so that turban-wearing Sikhs do not have to wear head protection at a workplace.

Workplace definition

It is stated that the definition of workplace is broad and encompasses a number of places where work can be undertaken, such as private dwellings, vehicles, aircrafts, installations or moveable structures and construction sites.

Limited exemptions exist for certain hazardous tasks, where a risk assessment has shown head protection to be essential for the person’s safety, such as those performed by a firefighter by entering a burning building.

Target audience

The exemption only applies to head protection and not any other PPE that is required under the Personal Protective Equipment Regulations 1992.

No distinction is made between Sikhs that may be visitors to the workplace or employees but the exemption only applies to people of the Sikh religion that wear turbans.

Should a turban-wearing Sikh not wear head protection offered, under the exemption the liability of the duty-holder is limited should an incident happen.

For more information please refer to the article directly.

Red-on-line EHS Legalist

Sources:

‘Are turban-wearing Sikhs exempt from the need to wear head protection in the workplace?’ article published in the FAQs on the Health and Safety Executive’s website on 2nd October 2015.

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