House of Commons Amendments

Session 2013 - 14
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House of Commons

Notices of Amendments

given on

Tuesday 18 March 2014

Public Bill Committee

Deregulation Bill

Requirements to wear safety helmets: exemption for Sikhs

Tom Brake

Oliver Heald

NC18

To move the following Clause:—

‘(1)
Section 11 of the Employment Act 1989 (exemption of Sikhs from requirements

as to wearing of safety helmets on construction sites) is amended in accordance

with subsections (2) to (10).

(2)
In subsection (1), for “on a construction site” substitute “at a workplace”.

(3)
In subsection (2), in paragraph (a), for “on a construction site” substitute “at a

workplace”.

(4)
In subsection (5), in the opening words, for “on a construction site” substitute “at

a workplace”.

(5)
After subsection (6) insert—

“(6A)
This section does not apply to a Sikh who—

(a)
works, or is training to work, in an occupation that involves (to

any extent) providing an urgent response to fire, riot or other

hazardous situations, and

(b)
is at the workplace—

(i)
to provide such a response in circumstances where the

wearing of a safety helmet is necessary to protect the

Sikh from a risk of injury, or

(ii)
to receive training in how to provide such a response in

circumstances of that kind.

(6B)
This section also does not apply to a Sikh who—

(a)
is a member of Her Majesty’s forces or a person providing

support to Her Majesty’s forces, and

(b)
is at the workplace—

Notices of Amendments: 18 March 2014
2

Deregulation Bill, continued

(i)
to take part in a military operation in circumstances

where the wearing of a safety helmet is necessary to

protect the Sikh from a risk of injury, or

(ii)
to receive training in how to take part in such an

operation in circumstances of that kind.”

(6)
In subsection (7)—

(a)
omit the definitions of “building operations”, “works of engineering

construction” and “construction site”;

(b)
before the definition of “injury”, insert—

““Her Majesty’s forces” has the same meaning as in the Armed

Forces Act 2006;”;

(c)
at the end insert—

““workplace” means any premises where work is being undertaken,

including premises occupied or normally occupied as a private

dwelling; and “premises” includes any place and, in particular,

includes—

(a)
any vehicle, vessel, aircraft or hovercraft,

(b)
any installation (including a floating installation or one

resting on the seabed or its subsoil or on other land

covered with water or its subsoil), and

(c)
any tent or moveable structure.”

(7)
In subsection (8), in paragraph (b), for “on a construction site” substitute “at a

workplace”.

(8)
In subsection (9)—

(a)
for “relevant construction site” substitute “relevant workplace”;

(b)
for “construction site” (in the second place where it occurs) substitute

“workplace”.

(9)
In subsection (10), for the words from ““relevant construction site” to the end of

the subsection substitute ““relevant workplace” means any workplace where

work is being undertaken if the premises and the activities being undertaken there

are premises and activities to which the Health and Safety at Work etc. Act 1974

applies by virtue of the Health and Safety at Work etc. Act 1974 (Application

outside Great Britain) Order 2013.”

(10)
In the sidenote, for “on construction sites” substitute “at workplaces”.

(11)
Section 12 of that Act (protection of Sikhs from racial discrimination in

connection with requirements as to wearing of safety helmets) is amended as

follows.

(12)
In subsection (1)—

(a)
in paragraph (a), for “on a construction site” substitute “at a workplace”;

(b)
in paragraph (b), for “on such a site” substitute “at such a workplace”.

(13)
In subsection (3), for “Subsections (7) to (10)” substitute “Subsections (6A) to

(10).”.’.

Member’s explanatory statement

This new clause extends the scope of the exemption under section 11 of the Employment Act 1989,

currently limited to construction sites, so that turban-wearing Sikhs will be exempt from legal

requirements to wear a safety helmet in a workplace of any kind (subject to exceptions set out in

section 11(6A) and (6B) as amended).



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