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Employers have a duty to manage the health and safety of new mothers and pregnant employees. The Health and Safety Executive (HSE) has recently changed its advice, introducing a new requirement for an individual risk assessment to cover an employee's specific needs when they inform their employer they are pregnant, have given birth in the last six months, or are breastfeeding.

The HSE has updated its protecting pregnant workers and new mothers webpages. Whilst there is little practical change to the guidance for employers, as it was already necessary to consider risks to women of childbearing age in a general risk assessment, the difference is that there is now a requirement to also carry out an individual risk assessment for them.

The HSE's updated web pages provide advice on talking to employees, and protecting them from common risks, such as lifting heavy loads and working at height. There is also new guidance on breastfeeding at work, together with details of when pregnant employees and new mothers can work at night.

The new individual risk assessment for pregnant employees and new mothers

When you have been informed in writing that an employee is pregnant or has given birth within the last six months, you must complete an individual risk assessment for them. This will involve: 

• Reviewing your existing general risk management and controls for pregnant employees and new mothers
• Talking to the employee to discover whether there are any conditions or circumstances associated with their pregnancy that might affect their work
• Discussing any concerns they have about how their work could affect their pregnancy
• Consulting with their safety representative or trade union, where applicable

If the employee has been given any medical recommendations by their midwife or doctor, then you must take those into account.

Once the individual risk assessment has been completed, it must be shared with the individual employee and their safety representative if they have one. It must also be regularly reviewed and any necessary adjustments made as the pregnancy progresses, and if there are any considerable changes to the employee's activity or workplace. It is important to explain how you will keep them and their child safe.

There are certain working conditions that could present particular risks to a mother and their child at different stages, such as posture and position; long hours and shift and night work; roles in which employees are at risk from physical injury, and exposure to harmful substances.

As the pregnancy progresses, the employee's dexterity, agility, co-ordination, speed of movement and reach may all be affected, and it is important to bear all of this in mind.

In situations where a risk is identified that could cause harm to an employee or their child, the HSE provides advice on how to control the risk. If the risk cannot be controlled, then the advice is to adjust the working conditions or hours in order to avoid the risk. If that is not possible, then under the Employment Rights Act 1996, suitable alternative work must be provided.

If this is not possible then, under the Management of Health and Safety at Work Regulations, the employee should be suspended on fully paid leave for as long as necessary to protect their health and safety, and that of their child.

 

Video on protecting pregnant employees and new mothers

To help employers better navigate their way around their responsibilities for protecting pregnant employees and new mothers, the HSE has put together a new informative video with practical advice.

Advice for pregnant employees and new mothers

The HSE also offers advice for new and expectant mothers themselves, which is useful to pass on to your employees.

There is guidance on informing the employer; how the individual risk assessment works, and how to raise safety concerns. There is also advice on rest and breastfeeding in the workplace, and general information about employee rights.

In addition, there are links to related resources, such as government advice on pregnant employees' rights, and on maternity pay and leave.

Further assistance in managing risks for pregnant employees and new mothers

At PMR Solutions, we offer a fully tailored service to help employers ensure they are aware of the risks faced by new and expectant mothers in their particular workplace.

To learn more about how PMR Solutions can assist you in complying with the regulations surrounding the health and safety of new and expectant mothers, please get in touch.