Risk Assessment – Pregnancy In The Workplace

Risk assessment – Pregnancy in the Workplace Where an employer employs any women of childbearing age in the workforce and the work that the employee does is of a kind that could involve any risk either because of a woman’s condition or the health and safety of a new or expectant mother, or their baby then the employer must take the following steps.

Step 1 They must carry out a 'risk assessment' of any processes, working conditions or agents that could jeopardise the health and safety of any employee or their baby. If the employer has 5 or more employees the assessment must be recorded. The kind of risks that should be included include:

Is there

 Continuous standing?  Constant sitting?  Any work in confined spaces?  Manual handling?  Any shocks or vibration?  Ionising radiation?  High pressure?  Chemical or biological agents?  Stress?  Excess travelling?  Passive smoking?  Heat or cold?  Work at heights?  Work-related violence?

In addition the assessment should look at the possible risks of any women who are working alone should require medical attention and ensure that any protective equipment is designed specifically to meet the needs of pregnant women. The European Pregnant Workers directive gives more detail on the kind of possible risks (Annexes 1 & 2) Step 2 If a significant risk is found the employer must do all that they reasonably can to remove it or prevent exposure to it. They must also give information to their employees on the risk and what action has been taken. Step 3 The employer should give information about any risk and what action they consider it necessary to take and consult with the employee and their safety representative about what is being proposed. Step 4 If any risk remains the employer should temporarily alter the woman’s working conditions or hours of work if it is reasonably practical to do so and if this leads to the risk being removed. Again this should be after consultation. Step 5 Once a woman has informed her employer in writing that she is pregnant, if the risk cannot be avoided, the employer must offer her suitable alternative work on terms and conditions which are not substantially less favourable than her original job. In considering whether an offer of alternative work is suitable consideration should be taken of issues such as the working conditions, status, hours of work, location, travelling time and pay. Step 6 If there is no suitable alternative work available the employer must suspend her on full pay for as long as is necessary to avoid the risk. The employee’s pay is based on what she would have received had she been working normally. Other legislation Pregnant workers are covered by a number of different regulations. Some of these are enforceable by the local authority and HSE inspectors; others are enforceable through the courts.

Regulations protecting new and expectant mothers at work include:

 Management of Health and Safety at Work Regulations 1999  Manual Handling Regulations 1992  Display Screen Equipment Regulations 1992  Control of Substances Hazardous to Health Regulations 1999  Maternity and Parental Leave Regulations 1999  Equal Pay Act 1970  Sex Discrimination Act 1975  Employment Protection (Consolidation) Act 1978  Employment Rights Act 1996  Details of these rights can be found on the EOC health and safety law pages  A Guide from the Health and Safety Executive for new and expectant mothers can be downloaded here  The HSE have produced also a detailed guide for employers called 'New and Expectant Mothers at work'. It is available from our Bookstore at £9:50.