We have been through this at my workplace. We even contacted the Human Rights Commission. There is no clear answer... The HRC pointed us to a European Human Rights case that pointed towards the requirement for PPE overriding the religious requirement, but there was no firm answer on the matter.

In our case we prevent the worker from going on customer sites where hard hats are a requirement, though this isn't always going to be possible.

We have something simiar with workers wanting to keep facial hair for religious reasons. However some of our processes require a good respirator fit. In these instances we would not offer employment.

In the case of a respirator where the facial hair is an issue a positive pressure respirator could be worn.

James - do your risk assessment then do what you think is the right thing. How can you be accused of discrimination on best practice safety grounds? The UK has buckled to PC and given an exemption on religious grounds and the Canadians say no way. First port of call could be to discuss a PPE exemption on religious grounds with Worksafe NZ. They surely would have already sorted this. Lets know how you get on.

Tony Walton I spoke with Worksafe. They don't have it sorted at all.

I had this issue at my previous company. I even approached the Sikh community to see if they had a workable solution - even if the turban can be tied differently to allow a hard hat to sit on a persons head properly and still protect their hair from being seen. They did not respond so my suggestion would be to make it clear on all job advertising that wearing hard hats is compulsory so please do not be offended if employment is declined if you cannot meet this requirement.

Hi James.
A couple of years ago a client had the same problem. I hunted high and low, asked Worksafe contacts for an opinion, looked for precedents in Australia and eventually found some useful suggestions in the attached Canadian and HSE (Brit) government sites. (Attached fyi) One piece of advice was to the effect that since PPE is the last level hazard control, Client could look at other controls which will eliminate the need for a hard hat.

NB. I did look at Australia for precedents bearing our legislation in mind. Someone in Queensland attempted to do what you've advised your client: from memory wearing motorbike helmet; and got into awful trouble. Religious fury, media fury, poor blighter is probably still struggling for a way out.

Fortunately my client simply found other work for their Sikh worker that didn't need hard hats so I was let off the hook. Best wishes!

This relates to one of 5 articles of faith for a Sikh, along with other things that may have safety implications... such as the Karha (steel bracelet). If a Sikh wanted to work in the electrical industry, and insisted on wearing a steel bracelet I'm sure we'd all have certain task restrictions that would apply (no live work, no work near HV cabinets and so on). So it should be for not wearing a hard hat (no working on sites that require hard hats, no work under suspended loads or overhead activity). At no point should we insist on them removing the turban, but at no point should they request an exemption in return.

Ideally we could look at how we could re-engineer activities onsite so that nobody needed a hard-hat, but practicalities are not on our side.

The way I've dealt with this in the past is to make it clear to new employees/contractors that hard hats are a compulsory item of PPE in certain areas. If they do not wish to, or can not wear one, then they cannot work in those areas. Whether that means that employment is untenable in that situation is another discussion entirely.

This has been dealt with in the UK and the US - where there is specific protection from prosecution from both HSE and OSHA where wear hard hats are not worn for religious reasons.

From memory, the UK now has a supplier of a hard hat version of a turban that permits the turban wearer to continue with his beliefs and work with approved PPE. As stated above there is some protection afforded to religious beliefs and some industries factor out work that might require a hard hat in the absence of an approved turban hard hat. Risk assessments used to identify the necessary controls and potential solutions

About a year ago I frequently saw a young Sikh guy on a Dominos delivery moped in the Freemans Bay area of Auckland, wearing a turban, not a helmet. I'm assuming the police advised him that a helmet is compulsory when riding on the road as I haven't seen him recently. There's no religious exemption for helmets on the road.

Well done Dianne Campton - you are the only one who mentioned going to the Sikh community and asking them for their perspective and possible workarounds.
The matter has never crossed my doorstep but I would be sitting down with those involved and their advisors to say A) this is what the work place wants - B) this is what you want - how can we reach an agreement. - Without discussing it with those concerned it may be that a balaclava type item could be worn that has a hard hat fitting on top - has anyone gone to the hard hat manufacturers and askedabout a Turban model ?
Lots of options yet to explore.

Ian, from memory (years ago) the UK went through this and I had it in my mind that a hardhat manufacturer did come up with a hardhat element within the turban itself allowing religious beliefs to be maintained and still offer suitable protection for the head but I can't seem to find it....since then though there has been much on the matter (over there) of no longer requiring hardhats (Case 149 - HSE: http://www.hse.gov.uk/myth/myth-busting/2013/case149-hard-hats.htm and also backed up for Inspectors here: http://www.hse.gov.uk/foi/internalops/og/og-00003.htm Naturally, we are not in the UK but we still utilise much data from there here...

I found this link from an outfit in Rochester UK that may be addressing this with a "safety turban" link here: http://angelpages.biz/4theturbanator It seems to talk about motorbike safety turbans so possibly may be looking at safety turbans for construction sites ?

What are hard hats required for protection against?
Is it against falling objects (where it is definitely a hardhat that is required) or against walking into head-height obstructions (where a bump-hat is appropriate, and a turban might well offer sufficient protection)?

I have personally visited a Sikh temple, where all men and women are required to have their heads covered when they enter the temple. There are kerchief type of head coverings for men who do't wear turbans. Wouldn't that be an option worth exploring for areas where head protection is required? A kerchief could be worn to cover the hair as per the Sikh requirement, and most hard hats would readily fit over them.

I agree that the best way to resolve the issue would be to engage with leaders of the Sikh community and discuss how best to provide workplace protection from harm without compromising their articles of faith.

Interesting reading from this link provided by Glenn Taylor:
http://angelpages.biz/4theturbanator

"Sikh soldiers refused to wear helmets during World War I and World War II. They fought instead with turbans on their heads. A Sikh (Khalsa) is supposed to be fearless. Wearing a helmet is admitting fear of death. Many Sikhs received the Victoria Cross, often postumusly awarded, which is the most prestigeous gallantry award of the British army.


Many Sikhs refused to remove their turban even in jails. Bhai Randhir Singh, a widely respected Sikh preacher, scholar and a freedom fighter had to undergo a fast to win his right to wear his turban while in prison."

This suggests there are a number of deeply held cultural beliefs that need to be taken into account with this issue.

Apologies if this has already been posted but here is a link to the UKs HSE steer from 2013 following a very similar challenge.

good call, just to add clarity that these need to be the loose fitting hood or helmet types.
The market currently seems a little light on options for this type of equipment, unless I'm looking in the wrong places.