Expectant and new mothers in the workplace

Your legal responsibility

When you do your workplace risk assessment, you must think about the specific risks to women of childbearing age and take steps to remove or reduce them.

You shouldn't wait for an employee to fall pregnant: in many cases they won't know that they are until a few weeks into the pregnancy. Many workplace hazards can have a detrimental effect not only on the development of the unborn child, but also on the employee's ability to conceive in the first place.

If you identify any such risks, they should be removed or reduced where possible. Inform the relevant employees of any risks identified (or that none have been).

Either way, tell relevant employees that they need to inform the business as early as possible if they are pregnant, have given birth in the last 6 months or are breastfeeding. You can also ask for a certificate from your employee's GP or midwife confirming her pregnancy.

Which laws apply?

• Reg 16 to 18 of the Management of Health and Safety at Work Regulations 1999
• Reg 16 to 18 of the Management of Health and Safety at Work Regulations (Northern Ireland) 2000.

Risk assessments

The risk assessment you carry out should follow the 5-step approach to risk assessments as recommended by the Health and Safety Executive.

You should make sure that your assessment takes into account employees who in the future could be expectant mothers.

When you get a written notice from an employee that she is pregnant, has given birth in the last 6 months or is breastfeeding, you need to carry out an individual risk assessment.

During the assessment, you should talk to her to establish whether anything relating to her pregnancy or being a new mother could affect her work, or whether her work could affect her health or wellbeing. You should also consider any advice given by her health professional.

You must establish whether the risks relevant to the individual employee can be removed. If they can't, you should consider adjusting her working conditions or hours of work, or giving suitable alternative work to avoid exposure to the identified risks. If none of these options are reasonably practicable, she should be suspended on paid leave for as long as necessary to protect her health and safety.

As the pregnancy progresses, you should review the individual risk assessment to determine whether any further adjustments are necessary. Make sure you record all your findings and share them with the employee.

Common risks to new and expectant mothers

Posture

Anything that places strain on the employee's posture, such as sitting or standing for long periods, lifting or carrying heavy loads, or using a poorly designed workstation, can cause discomfort or injury.

Working conditions

As mental and physical fatigue generally increase during pregnancy or after childbirth, risks that may particularly affect these employees include work-related stress, excessive noise, and uncomfortable temperatures.

Physical injury

Because physical injury can have more severe effects on these workers, special consideration should be given to avoiding tasks that involve working at height, working alone, or exposure to vibration.

Harmful substances

These substances can be harmful not only to the employee but also to the unborn child or breastfeeding baby. Therefore, employees must be protected from exposure to substances such as radioactive materials, lead, and infectious diseases.

Breastfeeding

It's for the mother to decide how long she wishes to breastfeed; returning to work doesn't mean that she has to stop. If she chooses to continue breastfeeding after returning to work, she should provide you with written notice, ideally before her return. You must then carry out a specific risk assessment.

Night work

New and expectant mothers can work night shifts unless there is a specific work-related risk and her GP or midwife provides a medical certificate stating that she must not do so. In such cases, you must offer her suitable alternative daytime work on the same terms and conditions. If this isn't possible, she should be suspended on paid leave for as long as necessary to protect her own health and safety and that of her child.

Facilities

The regulations require you to provide suitable facilities for pregnant and breastfeeding mothers to rest. Where necessary, these should include somewhere for her to lie down.

The Health and Safety Executive recommends that it's good practice for employers to provide a private, healthy and safe environment for nursing mothers to express and store milk, although this is not a legal requirement. Toilets are not considered suitable for this purpose.