Many women work and study while they are pregnant and may return to the workplace while they are still breastfeeding. Some hazards in the workplace may affect the health and safety of new or expectant mothers and their child.
In most cases pregnancy can go undetected for the first 4-6 weeks. An employer has a duty to identify hazards and risks for all female employees and students of childbearing age. Also as the pregnancy progresses some hazards can present more of a risk and risk controls will need to be reviewed.
Employers are responsible for providing a safe working environment while effectively managing risks to the health and safety of all workers, including women of childbearing age.
This means that the employer must ensure that an individual risk assessment for new or expectant mothers is undertaken. This applies to workers who are pregnant, have given birth in the last 6 months, or are currently breastfeeding.
Once a worker has informed the employer in writing, or a student advises their institution they are pregnant, they must complete an individual risk assessment and make any necessary changes to support them. In the case of a student the assessment would need to consider the potential risks specific to their discipline, particularly for higher risk environments such as laboratory work or a placement setting. Advice may need to be given to the placement provider to inform their risk assessment.
It is important to note that the Equality Act 2010 makes it unlawful to dismiss or discriminate against an employee because they are pregnant, a new mother or are breastfeeding. Breaches of health and safety law may also be considered as discrimination under the Act, depending on the circumstances.
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