LRD guides and handbook August 2013

Health and safety law 2013

Chapter 3

Workplace hazards for pregnant and breastfeeding women

The kinds of workplace hazard an employer should pay particular attention to when considering risks to pregnant or breastfeeding women will depend on the kind of work being carried out but could include:

• exposure to lead, and certain other chemicals such as drugs and pesticides;

• working with ionising radiation;

• lifting and other physical work;

• exposure to infections;

• exposure to cigarette smoke;

• slips;

• stress;

• standing up for long periods;

• heat;

• inadequate facilities, including inadequate toilet facilities;

• excessive working hours;

• lone working;

• work at heights;

• travelling;

• bad smells which may make morning sickness worse;

• violence, for example if you work with members of the public; and

• exposure to vibration, such as riding in off-road vehicles.

Online HSE guidance says that if a significant health and safety risk is identified for a new or expectant mother (going beyond the normal level of risk found outside the workplace) an employer must take the following steps:

• Step 1: Temporarily adjust working conditions and/or working hours; or if this is not possible;

• Step 2: Offer suitable alternative work for the same pay, if available; or if this is not possible;

• Step 3: Suspend her from work on paid leave for as long as necessary to protect her health and safety and that of her child.

Any alternative work must be suitable and appropriate for her to do in the circumstances and on terms and conditions no less favourable than her normal terms (Employment Rights Act 1996 (as amended by the Employment Relations Act 1999)).

The kinds of precautions an employer could consider will depend on the work being done. Possible responses include:

• putting the worker on light duties if the role involves manual handling;

• letting a worker sit down if the job involves standing;

• making sure a worker can take regular short breaks; and

• flexible rostering so that a worker can come in late if she suffers from morning sickness or to avoid a busy rush hour.

Online guidance from the HSE for new and expectant mothers is available at: www.hse.gov.uk/mothers/index.htm