Risk assessments for pregnant employees

Under the Management of Health and Safety at Work Regulations 1999 all employers are under a duty to protect the health and safety of their employees and anyone else who is affected by their organisation. 

The Health and Safety Executive (HSE) which is the National regulator for health and safety at workplace, has produced guidance for employers on how to protect the health and safety of pregnant workers which stipulates, amongst other things, that employers carry out a risk assessment for all pregnant staff members. 

Where there are women of child-bearing age working in an organisation, and the work is of a kind that could involve risk to the health and safety of a new or expectant mother or her baby then the general risk assessment requirement should also include a risk assessment for pregnant staff members.  This might be from any processes, working conditions or physical, chemical or biological agents and the general risk assessment should include an assessment of those risks.. The employer should not wait until an individual becomes pregnant before it carries out this assessment. The employer should also review its assessment if there is reason to suspect it is no longer valid or that has been a significant change in the matters to which it relates.

HSE Guidance on Separate Risk Assessments for Pregnant women and new mothers

The HSE guidance also requires employers to do an individual pregnancy risk assessment for pregnant women and new mothers. The requirement applies to pregnant workers; workers who have given birth in the last 6 months and workers who are currently breastfeeding.

The legal requirement is triggered when the employer is notified in writing of their pregnancy by the employee. However, this does not absolve the employer’s legal requirement to consider risks to women of child bearing age at the workplace as part of the general health and safety risk assessment. An interesting element of the guidance is that it might also apply to people who are transgender, non-binary people and people with variations in sex characteristics, or who are intersex. Failure to conduct a risk assessment could result in a discrimination claim against the employer in addition to putting the worker’s health and safety at risk.

When the employer has been informed in writing, an individual risk assessment must be completed by them which should review their existing general risk management and controls for pregnant workers and new mothers.  They should also talk to the pregnant worker to see if there are any conditions or circumstances with their pregnancy that could affect their work.  It would be a good idea to discuss any concerns they have about how their work could affect their pregnancy and to consult with their health and safety representative or trade union if they have one.

The employer must take account of any medical recommendations provided by the worker’s doctor or midwife. The employer must also record the findings and should share them with the worker.

What is to be included?

The risk assessment should include the potential hazards to the pregnant woman or new mother, along with how these risks will be controlled or removed. The risks are to be assessed based on the specific worker and the workplace. For example, a pregnant woman working in an office space is posed to fewer risks than a pregnant worker in a factory. Some common risks are discussed here. However, this is not a complete list of risks, and appropriate risks based on the work environment should be identified.

1. Posture and position: Pregnant workers and new mothers could be more prone to injury, which may not become apparent until after birth. Sitting or standing for long periods; lifting or carrying heavy loads can pose a risk to their posture.
2. Working conditions: Long hours, shift work and night work can have a significant effect on the health of pregnant workers, new mothers and their children. Not all workers will be affected in the same way, but mental and physical fatigue generally increase during pregnancy and following birth, which may cause fatigue or post-natal depression.
3. Risk of physical injury: Some work carries the risk of physical injury, and the consequences for pregnant workers and new mothers can be more serious as they may be experiencing impaired balance and co-ordination. Ensuring good housekeeping to reduce the risk of slips and trips may be essential.
4. Working at height: Falls from a height are especially dangerous for pregnant women, and working at height should be avoided where possible. Extra control measures should be provided where necessary to protect them.
5. Manual lifting: Avoid asking pregnant women or new mothers to lift heavy objects, as they may be at risk of pain, injury and/or potential miscarriage.
6. Exposure to harmful substances: Many chemical and biological agents can cause harm to pregnant workers or new mothers. They can also be passed on to their child during pregnancy or breastfeeding. Ensuring proper ventilation and minimising or eliminating the amount of time the woman spends near chemicals might be necessary to protect them.
7. Work Environment: Lack of ventilation and extreme temperatures can also cause fainting and dehydration, and very hot or very cold temperatures are particularly dangerous for pregnant women.
8. Personal protective equipment: Personal protective equipment (PPE) is often not designed for pregnant workers. Employers must make sure any PPE provided will be safe and comfortable for them to use, especially as their pregnancy progresses.

The above list is not an exhaustive one. It is always recommended that the employer has regular catch ups with the worker through their pregnancy to make sure that any issues that might create safety risks for them, are addressed.

Next Steps

If a significant risk to the worker who is an expectant or new mother, is identified by the employer, the employer must first decide if it can be controlled or removed and if not, take appropriate action to protect the worker.

The employer must adjust the working conditions or hours to avoid the risk. If that is not possible, suitable alternative work should be given. This must be suitable and appropriate for the pregnant worker or new mother, and on the same terms and conditions, including pay. When adjustment and alternative working arrangements are not possible, the employer must suspend the worker on full pay for as long as necessary to protect their health and safety and that of their child.

Review

The employer should also regularly review the worker’s risk assessment as the  pregnancy progresses, and for the first six months after childbirth, to see if there are any significant changes to the workers' activity or workplace, and make any changes as necessary to protect them.