New and expectant mothers

The Management Regulations contain specific provisions for women of childbearing age in the workforce. Regulation 16 says any risk assessment must take account of how hazards may affect the health and safety of new or expectant mothers.

The obligation to carry out a risk assessment for all employees extends to all women of child-bearing age not just pregnant women (Day v T. Pickles Farms Ltd [1999] IRLR 217). The employer should address risks from any work processes, working conditions or physical, biological or chemical agents.

A worker is not legally obliged to inform her employer that she is pregnant or breastfeeding. However, an employer who does not know about the pregnancy will not be able to address any specific risks that arise as a result. The HSE recommends that women workers inform their employers in writing as early as possible that they are pregnant, have given birth in the previous six months or are breastfeeding. Several specific pieces of legislation provide additional safety protection to expectant and new mothers in the workplace and are examined elsewhere in this booklet. These include:

• the Ionising Radiation Regulations 1999; (see Chapter 8: Physical Hazards);

• the Control of Lead at Work Regulations 1998 (see Chapter 6: Hazardous Substances);

• the Workplace (Health, Safety and Welfare) Regulations 1992 (see Chapter 5: the Workplace and working environment); and

• the Equality Act 2010 which provides protection against sex, pregnancy and maternity discrimination (see below).