New rules just introduced by the government mean that Sikhs no longer have to wear head protection in any workplaces.

Sikhs working in the construction industry have been exempted from rules requiring head protection since 1989, but because of a legal loophole, those working in less dangerous industries, such as factories and warehouses, were not. 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.

Following a new clause introduced in the Deregulation Bill 2015 which amends sections 11 and 12 of the Employment Act, turban-wearing Sikhs now have the right to choose not to wear head protection and are exempt from legal requirements to wear a safety helmet in all workplaces.

However, the exemption applies only to head protection and Sikhs are required to wear all other necessary personal protective equipment required under the Personal Protective Equipment Regulations 1992.

There are also exclusions for emergency response services and the military, which apply in hazardous operational situations when it is considered necessary to wear a safety helmet. This might include entering a burning building, disposing of bombs or dealing with hazardous materials like chemical leaks, biohazards or radiation. The exclusion does not bar Sikhs from the armed forces or police and fire services.

Employers are still required to take all necessary actions to avoid injury from falling objects by putting in place safe systems of work, control measures and engineering solutions such as restricting access to areas where this may be an issue. If a turban-wearing Sikh chooses not to wear the head protection provided, employers are legally protected through the extension of limited liability.

Neil Todd of Thompsons Solicitors commented “The changes to the legislative provisions follow a long campaign by various Sikh groups. It should now increase the number of workplaces that members of the Sikh community can work at whilst maintaining their religiously mandated identity.”