New and Expectant Mothers

In many workplaces there are risks which may affect the health and safety of new and expectant mothers and that of their child.

There are specific laws which require employers to protect the health and safety of new and expectant mothers.

The regulations cover female employees who are, or in the future could be, a new or expectant mother. In other words, women of childbearing age who are or in the future could be pregnant, have given birth within the previous six months, or are breastfeeding.

Working conditions generally considered acceptable may no longer be so during pregnancy and while breastfeeding.  The General Workplace Risk Assessments should identify the Hazards which may have greater risk to Pregnant workers, Mothers and the unborn / newly born child.  Some Hazard will affect the unborn child before the worker may be aware they are pregnant and the Maternity Risk Assessment approach may be too little too late in these instances.

When notified of an employee becoming pregnant, the employer is required to review their risk assessment with them.

The employer will be doing a specific risk assessment, the employee will be asked to help with this and it is important that any advice they have received from their doctor or midwife, that could impact on the assessment, is passed on to the employer.

Some of the more common risks might be:

• lifting / carrying of heavy loads;

• standing or sitting for long lengths of time;

• exposure to infectious diseases;

• exposure to lead;

• work-related stress;

• workstations and posture;

• exposure to radioactive material;

• other people’s smoke in the workplace;

• threat of violence in the workplace;

• long working hours;

• excessively noisy workplaces.

It is important that these risks are eliminated or controlled to reduce risk of injury to the employee or her unborn child.  This assessment should be reviewed as the pregnancy progresses and on their return from Maternity leave.

Provisions are also required to Breast Feeding Mothers to safely express Milk whilst at work should the require to do so.

Associated Legislation

The Management of Health and Safety at Work Regulations 1999 (MHSW) include regulations that protect the health and safety of new and expectant mothers who work. Under the Equality Act, if an employer fails to protect the health and safety of their pregnant workers, it is automatically considered sex discrimination.

The Employment Rights Act

Section 67 of the Employment Rights Act 1996 states that suitable alternative work should be offered, if available, on the same terms and conditions, before suspension from work is considered.

Workplace (Health Safety and Welfare) Regulations

Regulation 25 of the Workplace (Health, Safety and Welfare) Regulations 1992 states that employers must provide a suitable place for pregnant and breastfeeding workers to rest.

Equality Act

The Equality Act 2010 makes it unlawful to dismiss or discriminate against a worker because they are pregnant, a new mother or are breastfeeding. Breaches of health and safety law may also be discrimination under the Act, depending on the circumstances.

The Act requires no length of service qualification and gives protective rights to a broad range of workers, including contract, agency and apprentice workers. A breach of the Act could lead to civil liability.

New and Expectant Mother Risk Assessment Form