Religious objections to construction hard hats

May 16, 2001

Mr. Hardip Singh

[Recipient address omitted]

Re: STD 1-6.5; hard hats; exemption for religious reasons

Dear Mr. Singh,

This responds to your April 20, 2001, letter to the Occupational Safety and Health Administration (OSHA), regarding exception for religious reason from wearing hard hats. In your letter you ask the status of Field Information Memorandum # 75-11 dated February 4, 1975.

The 1975 memorandum stated that "the Old Order Amish and the Sikh Dharma Brotherhood are both granted an exemption from wearing hard hats. The granting of the above exemption is based on the provisions in the United States Constitution relating to the free exercise of religion . . . ." After a series of legal developments, OSHA issued Directive STD 1-6.5 - Exemption for Religious Reason from Wearing Hard Hats, dated June 20, 1994, (copy enclosed; those legal developments are explained in the "Background" section of the Directive).[1] The 1994 directive provides an exception from citations to employers of employees "who, for reasons of personal religious convictions, object to wearing hard hats in the workplace. . . ."

Therefore, in most situations, OSHA does not require employees who object to wearing hard hats for reasons of personal religious convictions to wear them.

For further assistance, please write to: Directorate of Construction-OSHA, [Office of Construction Standards and Guidance], Room N3468, 200 Constitution Avenue, N. W., Washington, D.C. 20210.

Sincerely,

Russell B. Swanson, Director

Directorate of Construction

Enclosure [The referenced directive is not reproduced on OSHA’s page.]

[1] OSHA directive STD 1-6.5 (Exemption for Religious Reason from Wearing Hard Hats), dated June 20, 1994, also cancels: OSHA Instruction STD 1-6.3, January 31, 1978, "Exemption from Wearing Hard Hats, Old Order Amish and Sikh Dharma Brotherhood"; OSHA Notice CPL, November 5, 1990, "Cancellation of OSHA Instruction"; and the memorandum dated July 24, 1991, "For All Regional Administrators Regarding Exemption from Wearing Hard Hats for Religious Reasons." The 1994 directive supersedes the 1975 memorandum. [back to text]