Are turban-wearing Sikhs exempt from the need to wear head protection in the workplace?

Question – I was recently asked: “I recall some time ago that Sikhs did not need to wear hard hats if they were wearing a turban – Do you know if that is still the case?”

Answer: In short the answer is yes, turban-wearing Sikhs exempt are exempt from the need to wear had protection.

Longer answer: New rules mean that from 01 October 2015, Sikhs across the UK will no longer face the prospect of disciplinary action for wearing turbans in the workplace.

For more than 20 years, Sikhs working in the construction industry have been exempted from rules requiring head protection. However, because of a legal loophole, those in less dangerous industries, such as those working in factories and warehouses, were not so exempted. This meant that Sikhs in many jobs who chose to wear turbans rather than the required head protection could be at risk of disciplinary action or even dismissal.

Turban-wearing Sikhs will now have the right to choose not to wear head protection and will be exempt from legal requirements to wear a safety helmet in all workplaces. Sections 11 and 12 of the Employment Act 1989 as amended by Section 6 of the Deregulation Act 2015 exempts turban-wearing Sikhs from any legal requirement to wear head protection at a workplace.

This exemption applies only to head protection, and so Sikhs are required to wear all other necessary personal protective equipment required under the Personal Protective Equipment Regulations 1992. The exemption does not differentiate between employees and other turban-wearing Sikhs that may be in the workplace, eg visitors. However, it applies solely to members of the Sikh religion and only those Sikhs who wear a turban.

An exception to this exemption: There is a limited exception for particularly dangerous and hazardous tasks performed by individuals working in occupations which involve providing an urgent response to an emergency where a risk assessment has identified that head protection is essential for the protection of the individual. This could include the case of a firefighter entering a burning building, dealing with hazardous materials).

Workplace: A workplace is defined broadly and means any place where work is undertaken including any private dwelling, vehicle, aircraft, installation or moveable structure (including construction sites).