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 the pregnant woman’s right to a maternity suspension in LRD’s annual companion publication, Law at Work.


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.


Online guidance from the HSE for new and expectant mothers is available from the HSE website.


Pregnant agency workers


The duties owed to pregnant workers under the Management Regulations cover pregnant temporary agency workers as well as permanent employees. The Agency Workers Regulations 2010 improved the position of these workers by extending the right to a “maternity suspension” to all temporary agency workers who have completed a statutory twelve-week qualifying period. Any pregnancy-related absence counts towards this qualifying period.


This means that as long as the agency worker has enough qualifying service, whenever health and safety considerations prevent a temporary assignment continuing, the employment agency must provide an alternative assignment. If there is nothing suitable available, the agency must pay the agency worker for the rest of the original assignment.


Pregnancy and night work


Regulation 17 of the Management Regulations says that new or expectant mothers may be suspended from night work where they have a signed certificate from a registered medical practitioner or midwife stating that this is necessary in the interests of health and safety.