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Posted By Andrew Blair
Can anyone advise me of the current views on people wearing Turbans or other head gear which would prevent them wearing a safety helmet.
What would be the employers and employees responsibilities.
I refer mainly to the Construction Industry, however views from other industries would be most welcome.
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Rank: Guest
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Posted By Frank Cooper
Andrew,
You need to look at the Employment Act 1989 sections 11 & 12 which deal with the wearing of turbans as opposed to safety helmets.
The issue with Sikh's in particular is the exposing of the hair, which is why they wear a turban, as I understand it. I have known of the problem being overcome by the provision of somewhere for the turban to be removed (out of sight of others) and a helmet then being worn. However, this is the exception rather than the rule. There is no safety legislation that deals with this topic as far as I know - it is not covered in the PPE Regs or the Construction (Head Protection) Regs either.
Hope this helps,
Frank Cooper
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Rank: Guest
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Posted By Jay Joshi
The Construction (Head Protection) Regulations 1989 require employers to provide suitable head protection for each employee (except turban-wearing Sikhs- refer to Employment Act 1989-Section 11) involved in construction work {Construction work means the carrying out of any building, civil engineering or engineering construction work and is defined in the Construction (Design and Management) Regulations 1994 and the Construction (Health, Safety and Welfare) Regulations 1996.} unless there is no foreseeable risk of injury to the head other than by falling. The employer also has a duty to ensure that those issued with head protection wear it.
Sikhs wearing turbans are exempt from the requirement to wear head protection on a construction site by virtue of the Employment Act 1989. Therefore, Sikh construction workers wearing turbans should not be required to wear 'hard hats'.
Sikhs who are not wearing a turban are NOT exempt from the regulations. They are required to wear 'hard hats' on a construction site in the same circumstances that other workers would be required to wear head protection.
If a turban-wearing Sikh is injured on a construction site, his employer is only liable to pay compensation for any injuries which, even if the Sikh worker had been wearing a safety helmet, he would have sustained (Section 11, Employment Act 1989).
For more details, refer to "Head protection for Sikhs wearing turbans : guidance for employers"; free leaflet IND(G)262 from HSE books
Please note that the exepmtion is afforded only thro the Construction (Head Protection )
Regulations 1989--and not through the PPE Regs 1992.
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Rank: Guest
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Posted By Andrew Blair
Thank you both for your responses. This has clarified the situation for me.
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Rank: Guest
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Posted By peter gotch
There's a lot more on this subject including comment on various international case law in the Archive from the old forum. Use key words sikh, helmet or go to the originator
K.C. down under who posted a message about a "curly one"!
Peter.
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