Posted By P Hocking What control measures have been identified in the risk assessment? In my experience hard hats will not have any significant impact on a 2oT weight dropped at any height. Have you considered lift plan (method of work)?

Posted By Lee Ainsworth Alison In agreement with Mark that bump caps would not be appropriate for the protection required, it would have to be hard hats. In the risk assessments, we have, for much the same industry, it is shown that bolts shearing off OHC and then becoming a flying object, needs to be taken into account. This although not a common place incident is foreseable and does happen. As for the Rastafarians, I'm sorry but can only agree again with Mark as to the options available. Good Luck! Regards Lee

Posted By Robert Woods The question on hard hats for rastafarians has been answered in previous threads.

Posted By Ken Taylor Doesn't the exemption only apply to Seikhs - who are required to wear a specific head covering?

Posted By Charles Ferguson Hard Hats on constructions sites come under the scope of the Construction (Head Protection) Regulations 1989, which states that unless there is no foreseeable risk of head injury, suitable head protection must be provided (employer) and worn (employee). Established by risk assessment as previously stated. Turban wearing Sikhs and their employers have exemptions under the Employment Act 1989, which is reproduced at Appendix 4 of the above-mentioned regulations. These exemptions cover both statutory duties and liabilities under tort. There are no other exemptions that I am aware of. To allow others, because of ‘big hair’ or any other reason, to work in an environment where there is a reasonably foreseeable risk of head injury, is leaving oneself open to both a potential prosecution for a breach of the above regulations and the possibility of a civil claim (how’s your insurance). I’m confident that ‘bump caps’ would not be considered suitable head protection, you could ask the advise of your local HSE on this. This is a paraphrased simplified explanation and the regulations can be consulted for the details. Hope this helps.

Posted By peter gotch Alison, There is case law which deals with discrimination against Rastafarians on grounds of their long hair being allegedly unhygienic in circumstances where female employees were not expected not to have long hair. There is also case law dealing with discrimination against Sikhs in sectors other than construction - ie where the specific exemptions in Employment Act do not apply. There is a long thread on this subject in the old forum. Type in sikh should get you there quickly. Regards, Peter

Posted By Robert K Lewis Alison I have just picked this up and it seems to refer to one of your clients who is an engineering concern. The Construction (head Protection) Regs do not therefore apply and it is the PPE regs and the MHSW regs that must apply. The Sikh exemption is specific to the construction industry and does not formally apply to the PPE etc regs. As previously stated there needs to be a Risk Assessment of the needs. Remember the need for the choice of suitable equipment is integral in this. LOLER talks also of the the operation be carried out in a safe manner, reg 8(1)(c) which the ACOP enlarges at para 230 and 231 to say that where practicable loads should not be carried over or suspended over areas occupied by persons and the establishment of a safe system of work where this is not practicable. This actually implements the EC directive more closely than the reg. itself. If they will not co-operate then your client will need to commence the standard disciplinary route. Remember that they will need to show that they have exhausted the potential hard hats available. Bob