Dismissal – Lawful practice, policy, regs etc (not following)

[2015] FWC 1838 SA Felton v BHP (a clean shaven policy existed at R “in the context of the need to wear appropriate Personal Protective Equipment (PPE), being Respirator Protective Equipment (RPE) – face masks or respirators. This need arises due to the nature of the mining and processing environment and in particular potential exposure to Crystalline Silica and other dusts, diesel particulate matter (DPM) and radon decay products … The extended application of the clean-shaven policy arose from advice received by BHP Billiton in 2013 that DPM was a human carcinogen and that further control measures should be adopted to limit exposure … [A] has for many years had a goatee beard and a moustache. There is no dispute that this is not consistent with the clean-shaven policy and would prevent the kind of respirator intended for supply by BHP Billiton to Mr Felton from working appropriately” @5-7 – A contended the “clean-shaven policy and the related instruction was not valid in light of the circumstances including the statutory requirements for consultation on such matters … [and] there was not a causal connection between the policy and the alleged work health and safety … risk, in light of the offer to purchase the more advanced protection afforded by the Airstream helmet” @9 – valid reason found – dismissal not harsh etc)