Many women work while they are pregnant and may return to work while they are still breastfeeding. Some hazards in the workplace may affect the health and safety of new, expectant mothers and their child.
In most cases pregnancy can go undetected for the first 4-6 weeks. Employers have a duty to identify hazards and risks for all female employees 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 a childbearing age.
This means that employers must ensure that an individual risk assessment for pregnant workers and new mothers is undertaken. This applies to workers who are pregnant, have given birth in the last 6 months, or are currently breastfeeding.
Once the worker has informed the employer in writing, the employer must complete an individual risk assessment and make any necessary changes to support the worker.
It is important to note that the Equality Act 2010 makes it unlawful to dismiss or discriminate against a worker 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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