The Loomba decision was an interim decision and focused specifically on whether someone was being specifically picked on when others weren't wearing a helmet, and whether that's okay or not. That decision said it wasn't okay.
For example, in the U.K. there is a general exemption for Sikhs on work sites from wearing the helmet. I think it's something that needs to be looked at, but as I said, Sikhs are reasonable in that there are going to be situations where hard hats are necessary. But a lot of the time you're seeing a blanket requirement without the actual analysis.