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Employers are duty bound to manage the health and safety of new and expectant mothers in the workplace, ensuring they are not exposed to hazards or working conditions that may present a risk to them or their babies.

In this article, we'll look at the duties employers hold and how to ensure all the risks are adequately assessed to create a safe working environment for new and expectant mothers.

What does the law say about new and expectant mothers in the workplace?

There are various pieces of legislation which apply to new and expectant mothers in the workplace:

• The Workplace (Health, Safety and Welfare) Regulations 1992
• The Equality Act 2010
• The Health and Safety at Work etc. Act 1974
• The Management of Health and Safety at Work Regulations 1999 (MHSWR)

The Workplace (Health, Safety and Welfare) Regulations 1992 require provision of suitable rest facilities.

The Equality Act 2010 provides protection against discrimination for pregnant women and those on maternity leave. This can include failing to carry out a risk assessment under MHSWR.

Under the Health and Safety at Work etc. Act 1974, employers are duty bound to protect the health and safety of their employees, including female employees who are expecting babies, or who have recently had a child. As well as having a general duty to assess and minimise workplace risks, employers also have specific health and safety responsibilities towards pregnant women and new mothers.

The Management of Health and Safety at Work Regulations 1999 (MHSWR) require employers to undertake suitable and sufficient risk assessments when considering the health and safety of all employees at work, and then to take steps to ensure that those risks are avoided.

In addition to these general duties under MHSWR, there are more specific regulations that need to be taken into account for new or expectant mothers.

It is only necessary to take action specifically to protect a pregnant emp

loyee when they have advised of their condition in writing, when they have given birth in the last six months, or when they are breastfeeding.The HSE website provides guidance for employers for protecting pregnant employees and new mothers, as well as guidance for pregnant workers and new mothers.

Risk assessments for new and expectant mothers at work

Employers are duty bound to undertake suitable and sufficient risk assessments for new and expectant mothers in the workplace, and to put appropriate measures in place based on the findings of the assessments.

The general risk assessment should identify whether there are women of childbearing age present in the workplace who may be affected by work activities.

This includes women who:

• Could potentially become pregnant
• Are pregnant
• Could be new mothers

The assessments should identify any risks that might affect such women, such as: 

• Work-related stress
• The need to lift or carry heavy objects
• Sitting or standing for long periods

As well as the general workplace risk assessment, employers have a duty to conduct an individual risk assessment for any employee who notifies them in writing that they are pregnant, or who has given birth within the last six months or who is breastfeeding.

According to the Health and Safety Executive, the individual risk assessment should include: 

• A review of existing general risk management and controls for pregnant employees and new mothers
• Speaking with the employee to ascertain whether there are any conditions or circumstances with their pregnancy that could impact on their work
• Discussing any concerns the employee may have about how their work could affect their pregnancy
• Consulting with their safety representative or trade union, if they have one

It is up to individual employees as to when they tell their employer they are pregnant. However, they will need to provide information about their pregnancy for maternity leave purposes, as well as for time off for antenatal appointments. And of course, if they wish to be protected by health and safety law, they will need to make their situation known.

Employer-employee health and safety discussions

As soon as an employer knows an employee is pregnant, a new mother or breastfeeding, HSE states that they should set up regular health and safety discussions with the employee.

These discussions should cover: 

• Any possible risks that may occur at the different stages of pregnancy
• Any medical advice the employee has received from a doctor or midwife
• The type of work they do

Employers should keep individual risk assessments under review. Adjustments should be made as necessary as the pregnancy progresses, or in situations where there are any particular changes to the employee's activity or workplace.

Records should be kept of these findings and shared with the employee and their safety representative, if they have one.

Making adjustments for new and expectant mothers in the workplace

The HSE guidance details the action employers should take if they identify a risk that could cause harm to an employee or their child.

The first action should be to eliminate or suitably control any identified risk.

Where this is not possible, the following measures should be followed, in this order: 

• Attempt to adjust working conditions or hours in order to avoid the risk
• Where an adjustment is not possible, offer suitable alternative work
• Where suitable alternative work is not possible, suspend the employee on fully paid leave for as long as necessary to protect their health and safety and that of their child

By law, any alternative work offered must be suitable and appropriate for the pregnant employee or new mother concerned, and on the same pay, terms and conditions.

Common risks to look out for

Whilst new and expectant mothers are generally not at any greater risk than their colleagues, there are a few hazards and working conditions that could potentially present health and safety issues. These will need to be taken into account in any risk assessment.

HSE for example recognises that pregnant employees and new mothers can be more prone to injury.

They have also provided examples of various working conditions that may be particularly harmful for new and expectant mothers: 

• Work-related stress - pregnant workers and new mothers may be especially vulnerable to situations that can cause workplace stress and anxiety
• Musculoskeletal and postural problems - these can arise at different stages of pregnancy, and on returning to work, depending on the individual and their particular role
• Risk of physical injury - additional control measures may be required where the role involves a risk of physical injury, such as working at height, lone working, work involving vibration, and where there is a risk of work-related violence
• Harmful substances - certain chemical and biological agents may cause harm to pregnant workers or new mothers, or their children

Generally, to help reduce the risk of musculoskeletal and postural problems, employers should ensure that pregnant workers and new mothers are not: 

• Sitting or standing for long periods
• Expected to lift or carry heavy loads
• Using a workstation that causes posture issues

It's also necessary to provide suitable personal protective equipment (PPE) that is safe and comfortable for pregnant employees, particularly as their pregnancy progresses.

HSE emphasises that every employee's situation will be different, which makes it important for employers to consider the individual hazards and controls that apply in specific cases.

Ensuring well-being and comfort for new and expectant mothers in the workplace

HSE recognises that long hours, shift work and night work can significantly impact the health of pregnant employees, new mothers and their children.

According to the Workplace (Health, Safety and Welfare) Regulations 1992, employers are required to provide suitable rest facilities for pregnant women and breastfeeding mothers.

These facilities should be conveniently located in relation to toilets, and should include somewhere to lie down and rest should the need arise.

HSE also states that breastfeeding women should be provided with facilities that are hygienic and private to allow them to express milk should they wish, and include somewhere to store their milk, for example a fridge. In terms of suitable facilities, HSE advises that toilets are not an appropriate place for these purposes.

Where to find further information

In addition to the HSE guidance, Acas provides a range of information for employers on managing pregnancy and maternity in the workplace, including how to manage health and safety risks.

Additional advice for pregnant women and new mothers explaining their rights is available from organisations such as Maternity Action.

This guide for new and expectant mothers who work is also useful to provide to employees themselves.