Arrangements For New And Expectant Mothers
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Arrangements for New and Expectant Mothers
As an employer, you have a legal responsibility to assess workplace risks for all employees. The identification of hazards and the plan of appropriate actions to reduce or remove any risks form part of the Health and Safety Risk Assessment (M 250B). Your health and safety risk assessment should include female employees of child bearing age as well as new and expectant mothers.
A new or expectant mother is someone who is pregnant or has given birth to a living child (or to a stillborn child after 24 weeks of pregnancy), within the previous six months or who is breastfeeding.
While there is no longer a legal requirement to conduct a specific health and safety risk assessment when you are formally notified an employee is pregnant. You may choose to review your existing health and safety risk assessment, for which you may use the template in (M 250B), to determine if additional actions are required.
Take appropriate actions to remove or reduce the risk if required and address any concerns or anxieties about any aspects of her work. If the risk cannot be removed the following options must be considered:
. Alter her working conditions and/or hours . Find her suitable alternative work, if available (on terms and conditions no less favourable than her normal terms and conditions) . Suspend her from work on paid leave for as long as necessary to protect the health of her and/or her baby
Review the arrangements as required and consult your employee at each stage.
You are required to provide suitable rest facilities for pregnant or breastfeeding workers. The facilities should be suitably located (e.g. near to toilets) and where necessary should provide appropriate facilities for the new or expectant mother to lie down. Facilities should be away from any likely risk of exposure to hazardous substances. Any breach of health and safety legislation in relation to new and expectant mothers is considered automatic sex discrimination.
Further guidance Employment Rights Act 1996 as amended by the Employment Relations Act 1999 Sex Discrimination Act 1975, Equality Act 2010 (for possible unlawful discrimination) Managing for health and safety (HSG65) New and expectant mothers Workplace health, safety and welfare. Workplace (Health, Safety and Welfare) Regulations 1992. Approved Code of Practice and guidance
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M 287 – Arrangements for New and Expectant Mothers, Version 3, Page 1 of 1, Folder 7