A legal loophole in which turban wearers of the Sikh faith were exempt from wearing hard hats on construction sites – but not in other workplaces – has been closed.
The exemption, extended by the Deregulation Act, has been in effect from October 1. While turban-wearing Sikhs have legally not had to wear a hard hat on construction sites since 1989, Section 11 of the Employmen<!–>t Act created a situation in which head protection could be required in other sectors.
The Deregulation Act also extends, in all sectors, to protecting Sikhs from discrimination if they choose not to wear a hard hat. Additionally, it underscores the limited liability of an employer upon injury.
However, the exemption applies to head protection only. All other personal protective equipment must be worn.
The exemption does not apply to those whose job provides urgent response to hazardous situations, such as fires and chemical leaks.
Lara Murray, who advises businesses in relation to occupational health and safety compliance, said: “This illustrates perfectly how complex this area can be and how the law can change, often without employers realising. Given these factors, it is a timely reminder that employers must stay up to date with their responsibilities. For more information about how we can help you stay fully compliant, please contact us.”