Recently we have seen an increase in clients contacting us about Pregnant Workers, looking for absolutes for duties they can and cannot do.
Firstly, pregnancy should not be regarded as an ill health condition as it is a natural aspect of life.
Secondly, some hazards in the workplace may affect the health and safety of new and expectant mothers or of their child(ren) resulting in aspects of work becoming unacceptable during pregnancy or whilst breastfeeding.
Health and safety issues related to pregnant workers can normally be adequately addressed by existing management systems and procedures already in place within most workplaces. Pregnancy in most instances will not prevent women from continuing to work in a safe, healthy and productive way.
So what are the Legal Requirements?
The ‘Management of Health and Safety at Work Regulations 1999’ makes provision for the protection of new and expectant mothers at work. The Regulations require employers to conduct a specific risk assessment for new and expectant mothers and to do what is reasonably practicable to control any identified risks. Other specific legislation also requires risk assessments to be undertaken (e.g. Ionising Radiation Regulations, Lead at Work Regulations, etc.).
The risk assessment must be completed in conjunction with the new or expectant mother with significant findings recorded in writing. Any control measures identified must be implemented in a timely fashion and reviews undertaken at regular intervals.
The outcome of the risk assessment may be that there are no foreseeable risks to the new or expectant mother, or that only minor alterations need to be made to the usual working arrangements. The new or expectant mother must comply with the control measures identified in the risk assessment, co-operate with management in continuing to ensure their health and safety during and after the pregnancy and notify their line manager of any changes in circumstances that may affect the risk assessment.

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