Rank: Forum user
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I would like to ask your help about H&S exemptions information I used to work in H&S in another country and the regulations which the country used to use were the European ones. The issue is that I saw that in construction one Sij worker didn´t wearn the safety helmet. At the first time, that was a surprise for me and I start to research if that issues was acceptable by the law. Indeed, I discovered that there is an exemption in the H&S regulations about that issue. Does somebody knows another similar exemptions? Apart from that, how is is possible guarantee the safety of these workers? In case that these workers will be injured in the head, will have the company the responsibility about this? It is quite sensitive issue. Thanks for your help
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Rank: Super forum user
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Not sure if I understand your post but there are no exemptions under UK health and safety law. You have not mentioned what country you worked in but some of the European countries have a very different approach to the UK. Their legislation can be very prescriptive and not so risk based using the hierarchy of control. There are some high risk areas in the UK covered by this type of legislation like confined spaces.
In the UK if there is a foreseeable risk of a head injury that cannot be eliminated or control by other methods hard hats must be worn. Therefore not wearing a hard hat on a construction site is against the law.
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Rank: Super forum user
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Rank: Super forum user
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We are not supposed to cut and paste, but here is a cut & paste from HSE website:
If there is no risk of injury to the head, then hard hats are not required by law. However, on almost all construction sites, despite controls being put in place, there will almost always be situations where a risk of head injury remains. Where there are such risks, for example, from falling objects or hitting the head against something, suitable head protection should be provided and worn (except for turban-wearing Sikhs). Where turban-wearing Sikhs are working in areas where a significant residual risk of head injury remains, employers should pay particular attention to the control measures that they have in place.
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Rank: Super forum user
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And furthermore, the exemption applies only in construction (not other industries that require hard-hats), and a Sikh who chooses not to wear a hard-hat cannot hold the company liable for head injuries arising. In simplified terms - if he doesn't wear a hat and suffers a head injury, he can't sue anyone unless he would also have been injured even if he had been wearing a hard-hat. He can choose not to wear a hard-hat, but if he does so, he takes responsibility for the consequences.
Turban-wearing Sikhs also have exemptions for motorcycle helmets.
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Rank: Forum user
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Thanks for the information and the correction. I used to work in health and safety in Spain. My question is referred to UK regulations, of course!!!
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