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2.2 NEW AND EXPECTANT MOTHERS AT WORK

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Introduction

Some hazards in the workplace may affect the health and safety of new and expectant mothers and that of their children.  Pregnancy should not be equated with ill health and many women work while they are pregnant or breast-feeding.  The health and safety considerations associated with pregnancy should easily be addressed by following these guidelines.

Legal Requirements

Risk Assessment:

It is a legal requirement for employers to take particular account of the risks to new and expectant mothers when carrying out risk assessments and to inform women of childbearing age where they or their baby may be at risk.  There is also a legal requirement to provide suitable facilities for employees who are pregnant or breast feeding to rest.  It is recommended that wherever possible these facilities are also suitable for employees who are breast feeding to express and store milk, as an employee may wish to continue breast feeding for many months after they return to work.

 

The employer is only required to follow steps 1 to 3 below when an employee informs them that they are pregnant and a risk to their, or the baby’s health and safety has been identified through a risk assessment.  The regulations allow employers to request written confirmation of the pregnancy by a doctor or midwife from the employee.

 

The following steps are suggested to reduce any risk to a reasonable level.

  1. The employees working conditions and/or hours of work should be temporarily adjusted.
  2. If step 1 is not reasonable or would not avoid the risk, then alternative work must be offered if available and suitable.  Terms and conditions should be no less favourable than their normal terms and conditions.
  3. If step 1 or 2 are not reasonable then the employee must be suspended from work on normal pay for as long as they or their child would be at risk, and the period of suspension will count towards their period of continuous employment.

Night Work

A new or expectant mother may work nights, provided this presents no risk to their health and safety. However, if a specific work risk has been identified – or their GP / midwife has provided a medical certificate stating they must not work nights – their employer must offer suitable alternative day work, on the same terms and conditions.  If that is not possible, they must be suspended from work on paid leave for as long as is necessary to protect their health and safety and / or that of their child

Managers will:

Manager General Responsibilities:

  • Ensure that consideration of the risks to new and expectant mothers is incorporated into existing and new risk assessments. The aim should be to introduce measures to protect all staff where reasonably practicable.
  • Tell female employees of childbearing capacity what the potential risks are and what measures are (will be put) in place to control the risks.

When informed an employee is pregnant:

  • Inform Human Resources.
  • Carry out an individual risk assessment or ensure one is carried out. The individual’s Job Role Risk Assessment can be reviewed taking the changes into consideration.  Appendix 3 provides a generic new and expectant mothers risk assessment template.  A New and Expectant Mothers Assessment Questionnaire can be found in Appendix 2.  Alternatively, a blank risk assessment form can be found in the Health and Safety Risk Assessment Policy, Appendix 1.  A copy of the completed assessment must be given to the individual.
  • If it is not possible to reduce the risk to a reasonable level, or if they have been advised to stop working nights (if applicable), then the steps outlined above should be followed.
  • Make the necessary temporary adjustments identified and where necessary provide special equipment for employees working with computers taking into consideration changes of body shape.
  • Review the risk assessment with the employee periodically as the pregnancy progresses and on return to work following the birth.

Employees should:

  • Inform their line manager as soon as they are confirmed pregnant.

  • Co-operate with line managers to enable a risk assessment to be carried out.

  • Carry out a workstation assessment by completing a DSE self assessment and discuss issues with their line manager.

  • Inform their manager of any changes that may affect their risk assessment or if they think their risk assessment is no longer valid.

Other requirements

The Workplace Regulations require employers to provide suitable facilities for pregnant and nursing mothers to rest.  The HSE also recommend that provision be made for nursing mothers to express and store milk.  There is also a right to time off for antenatal checks etc., these are outlined in the Family Friendly Leave Guidance on the council intranet and Absence and Leave on The SchoolsWeb.

Further help and information

Further help and information is available in assessing the risks to new and expectant mothers, dealing with specific health and safety issues or general advice on pay and conditions of service from:

 

The information given here is based upon HSE guidance New and Expectant Mothers Who Work information for employers and employees.

Appendices