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| | Requirements to wear safety helmets: exemption for Sikhs |
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| To move the following Clause:— |
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| | ‘(1) | Section 11 of the Employment Act 1989 (exemption of Sikhs from requirements |
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| | as to wearing of safety helmets on construction sites) is amended in accordance |
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| | with subsections (2) to (10). |
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| | (2) | In subsection (1), for “on a construction site” substitute “at a workplace”. |
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| | (3) | In subsection (2), in paragraph (a), for “on a construction site” substitute “at a |
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| | (4) | In subsection (5), in the opening words, for “on a construction site” substitute “at |
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| | (5) | After subsection (6) insert— |
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| | “(6A) | This section does not apply to a Sikh who— |
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| | (a) | works, or is training to work, in an occupation that involves (to |
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| | any extent) providing an urgent response to fire, riot or other |
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| | hazardous situations, and |
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| | (i) | to provide such a response in circumstances where the |
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| | wearing of a safety helmet is necessary to protect the |
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| | Sikh from a risk of injury, or |
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| | (ii) | to receive training in how to provide such a response in |
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| | circumstances of that kind. |
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| | (6B) | This section also does not apply to a Sikh who— |
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| | (a) | is a member of Her Majesty’s forces or a person providing |
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| | support to Her Majesty’s forces, and |
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| | (i) | to take part in a military operation in circumstances |
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| | where the wearing of a safety helmet is necessary to |
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| | protect the Sikh from a risk of injury, or |
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| | (ii) | to receive training in how to take part in such an |
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| | operation in circumstances of that kind.” |
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| | (a) | omit the definitions of “building operations”, “works of engineering |
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| | construction” and “construction site”; |
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| | (b) | before the definition of “injury”, insert— |
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| | ““Her Majesty’s forces” has the same meaning as in the Armed |
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| | ““workplace” means any premises where work is being undertaken, |
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| | including premises occupied or normally occupied as a private |
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| | dwelling; and “premises” includes any place and, in particular, |
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| | (a) | any vehicle, vessel, aircraft or hovercraft, |
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| | (b) | any installation (including a floating installation or one |
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| | resting on the seabed or its subsoil or on other land |
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| | covered with water or its subsoil), and |
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| | (c) | any tent or moveable structure.” |
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| | (7) | In subsection (8), in paragraph (b), for “on a construction site” substitute “at a |
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| | (a) | for “relevant construction site” substitute “relevant workplace”; |
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| | (b) | for “construction site” (in the second place where it occurs) substitute |
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| | (9) | In subsection (10), for the words from ““relevant construction site” to the end of |
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| | the subsection substitute ““relevant workplace” means any workplace where |
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| | work is being undertaken if the premises and the activities being undertaken there |
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| | are premises and activities to which the Health and Safety at Work etc. Act 1974 |
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| | applies by virtue of the Health and Safety at Work etc. Act 1974 (Application |
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| | outside Great Britain) Order 2013.” |
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| | (10) | In the sidenote, for “on construction sites” substitute “at workplaces”. |
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| | (11) | Section 12 of that Act (protection of Sikhs from racial discrimination in |
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| | connection with requirements as to wearing of safety helmets) is amended as |
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| | (a) | in paragraph (a), for “on a construction site” substitute “at a workplace”; |
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| | (b) | in paragraph (b), for “on such a site” substitute “at such a workplace”. |
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| | (13) | In subsection (3), for “Subsections (7) to (10)” substitute “Subsections (6A) to |
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| | Member’s explanatory statement
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| | This new clause extends the scope of the exemption under section 11 of the Employment Act 1989, |
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| | currently limited to construction sites, so that turban-wearing Sikhs will be exempt from legal |
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| | requirements to wear a safety helmet in a workplace of any kind (subject to exceptions set out in |
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| | section 11(6A) and (6B) as amended). |
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