25 June 2009
Pregnancy at Work
The Management of Health and Safety at Work Regulations 1999 require employers to carry out a specific risk assessment when a women of child bearing age, or a new or expectant mother may be at risk from a work process, a working condition or any physical, chemical or biological agents that may be presenting the workplace. (New or expectant mothers are defined as women who are pregnant, who have recently given birth or who are breast-feeding).
The BPIF have a template for a Pregnancy at Work Risk Assessment form and this will help determine if the risks identified in the workplace that may present and that cannot be controlled, the employer must re-deploy the worker to a safe working environment, alter the hours of work, or in extreme cases, suspend the woman on full pay for the duration of the pregnancy, in order to reduce the risk.
The risk assessment asks questions about working hours, work activities, manual handling, driving etc. This list is not exhaustive.
The Managing Director shall, upon being notified in writing of a workers pregnancy, arrange for a specific risk assessment to be conducted by a competent person, taking into account those hazards to which the new or expectant mother should not be exposed. (Further information on these requirements may be obtained from the BPIF HS&E Advisers.)
The Managing Director shall, in consultation and in co-operation with the competent person or BPIF HS&E Adviser, take the necessary preventative and protective measures required to control the risks to the pregnant worker, identified through the risk assessment process.
The Managing Director shall maintain records relating to specific Risk Assessments and any preventative and / or protective measures taken. A copy of this assessment will be placed into the individual's personal file and a copy given to the individual concerned.
It is the responsibility of the expectant Mother to inform their employer, in writing, as soon as is reasonably practicable of the fact that she is pregnant, once this has been confirmed by a qualified GP or registered midwife.
The Managing Director has a duty of care to the expectant Mother to contact the competent person or BPIF HS&E Adviser to arrange for an initial pregnancy at work risk assessment to be carried out.
The person conducting the assessment will carry out the initial risk assessment accompanied by the expectant Mother so as to gather all relevant information regarding the individual's job.
At the initial stages of pregnancy, the competent person or BPIF HS&E Adviser will carry out further risk assessments at monthly intervals.
At the latter stages of pregnancy the frequency of carrying out risk assessments will be increased to weekly.
The employer reserves the right to request that the pregnant Mother consults with an Occupational Health Nurse in line with the business duty of care to its employees.
If your business uses agency workers, then the agency has a duty of care to inform the business if any ladies to be employed are pregnant, are new mothers or are breast feeding so that the business decide whether or not to employ the individual so as not to put the at risk in the workplace.
If you have any questions regarding pregnancy at work, please contact your BPIF H&S Adviser.
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