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The proposal, which the HSE is making on behalf of the government, would extend the exemption that already exists in Section 11 of the Employment Act allowing Sikhs to wear turbans in place of hard hats on building sites to cover any industry. It would also extend the limited liability provisions of that exemption to their employers.
The Sikh Council UK, which has long campaigned on the issue, noted construction sites are acknowledged to be one of the most dangerous workplaces and the exemption is in place. It described the fact current law does not cover other environments where hard hats are commonly worn as a safety measure, such as factories and warehouses, as a legislative anomaly.
The HSE said the current exemption has led to problems for turban-wearing Sikhs in other areas, where the risk from falling objects is likely to be lower than in construction.
Members of this community have also faced disciplinary hearings and dismissal for refusing to wear head protection and others are unable to follow their chosen professions because of the insistence of the need to wear head protection.
The HSE is also assessing the need to include details of sectors, tasks or roles that should not be included in exemption, such as some people in the emergency services or armed forces, because the risk to employees is too great.
The HSE say the wording of the amendment is still subject to discussion and approval, but the initial proposal is to replace the phrase “on a construction site” with “in a workplace”.
A two-week consultation runs until 7 February.
Source: H&S At Work website
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