Measures affecting the workplace: general

I17Requirements to wear safety helmets: exemption for Sikhs: Northern Ireland

1

Article 13 of the Employment (Miscellaneous Provisions) (Northern Ireland) Order 1990 (S.I. 1990/246) is amended in accordance with subsections (2) to (8).

2

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

3

In paragraph (2), in sub-paragraph (a), for “on a construction site” substitute “ at a workplace ”.

4

In paragraph (5), in the opening words, for “on a construction site” substitute “ at a workplace ”.

5

After paragraph (6) insert—

6A

This Article 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 Article 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—

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 paragraph (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 paragraph (8), in sub-paragraph (b), for “on a construction site” substitute “ at a workplace ”.

8

In the heading, for “on construction sites” substitute “ at workplaces ”.

9

Article 13A of that Order (protection of Sikhs from racial discrimination in connection with requirements as to wearing of safety helmets) is amended as follows.

10

In paragraph (1)—

a

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

b

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

11

In paragraph (3), for “Paragraphs (7) and (8)” substitute “ Paragraphs (6A) to (8) ”.