Special accommodations to certain cultures - Hair nets - GMPs

[tsmith7858]

We are in the process of re-writing our GMPs for our company in preparation for ISO 22000. One of the areas covered is hair nets.

Our current statement is:

"Hair, beards and mustaches should be properly covered with company issued hair net any time an employee is in the work areas"

In an attempt to better define this we are looking to put in statements that the ears must be covered and no hair may be sticking out from under the hair nets.

Another area that we are looking at is head wear under the hair nets. We would like our policy to be no additional headwear may be worn. This would eliminate wool caps, baseball caps, "doo rags" and even "hoodies" (hooded sweatshirts with the hoods up) that people try to wear under hair nets.

The problem that I foresee is that we have made special accommodations to certain cultures to allow them to wear head wear.

I guess after all of that my questions are:

1. Is there any regulatory guideline for head wear?
2. Is it discrimination if you do not make accommodations for cultural reasons?
3. Are you discriminating against others if you allow it for some?

I look forward to feedback,

Tim

[MIREGMGR]

You need regulatory-legal, not regulatory-operational, advice. Preferably from a human resources law specialist.

Case in point: in some observational traditions of Judaism, adult males wear yarmulkes. These have minimal effect on work-environment cleanliness, compared to a physically larger head garment. However, allowing them can be interpreted to be an accommodation, and therefore a precedent. Not allowing them could be interpreted to be a refusal to make a reasonable accommodation.

If you allow yarmulkes, how about female headscarves for observant Muslims?

If you allow headscarves, how about burqahs/chadors?

[tsmith7858]

Thanks, the question actually was presented by HR because they were wondering if there was an operational requirement.

I agree it is more legal than operational but wanted to hear some other views.

[bobdoering]

Originally Posted by tsmith7858

In an attempt to better define this we are looking to put in statements that the ears must be covered and no hair may be sticking out from under the hair nets

I can see why you need the instruction. I worked at a place where people wore the hair bonnets like berets on top of their head. Somehow they have to get past the need for the production area to be a fashion show. Takes top management to develop a culture by enforcing the expectations.

[Sidney Vianna]

Originally Posted by tsmith7858

2. Is it discrimination if you do not make accommodations for cultural reasons?

Can you imagine if the Department of Motor Vehicles allowed for that?

[tsmith7858]

You hit it exactly Sidney. The DMV actually came up in our Food Safety Team meeting.

[MIREGMGR]

But don't assume. Get a legal opinion...

...preferably from whoever would be defending you if a lawsuit were served on you.

[BradM]

Originally Posted by MIREGMGR

But don't assume. Get a legal opinion...

...preferably from whoever would be defending you if a lawsuit were served on you.

I agree with this. Get some legal advise and go with it..

FWIW... in the GMP facility I do work in, there are no exceptions. It's not worth the risk/ exposure.