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 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;



• standing up for long periods;



• heat;



• excessive working hours;



• lone working;



• work at heights;



• travelling;


• bad smells which may make morning sickness worse;



• violence, for example working 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 (known as a “Maternity Suspension”).



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). There is more information about a pregnant woman’s right to a maternity suspension in the Labour Research Department’s annual companion publication, Law at Work (www.lrdpublications.org.uk/publications.php?pub=BK&iss=1873).



The precautions an employer could consider to protect these workers 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;



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



Changes to a woman’s role or working pattern to accommodate her pregnancy, and any maternity suspension if required, should take place in full consultation with the pregnant woman and be based on the results of an adequate health and safety risk assessment. Imposing changes to a woman’s working arrangements without consultation and/or a proper risk assessment is likely to amount to sex or pregnancy discrimination (see, for example, the case of New Southern Railway Limited v Quinn [2006] IRLR 266, summarised in the box on pages 51-52). 


TUC evidence to the 2016 House of Commons Women and Equalities Select Committee noted that in practice, paid maternity suspension is quite unusual outside specific sectors, such as the chemical industry, because most employers are able to find a suitable risk-free role for the pregnant woman. Each employee will have individual needs, but women must not be de-skilled unnecessarily during their pregnancy.


Giving its evidence, the Fire Brigades Union (FBU) stressed that the pregnant woman’s views must be heard. In the fire service, pregnant firefighters cannot attend operational incidents, in particular, because there is a risk of inhalation of toxic fumes. But this does not have to mean removal from their normal place of work, because there is generally work available such as training or education. The FBU has raised concerns about pregnant women being routinely moved to desk jobs of little value, disrupting their usual shift pattern, interfering with established childcare arrangements for siblings, and losing the companionship of their normal shift.


Online guidance from the HSE for new and expectant mothers is available from the HSE website (www.hse.gov.uk/mothers).