NEW AND EXPECTANT MOTHERS - 28.06.2022

New guidance for mums

The HSE has updated its guidance to employers regarding new and expectant mothers. What does this include and what must you do?

Why the update? Following a survey in 2016 by the Equality and Human Rights Commission and the Department for Business, Innovation and Skills, it was found that thousands of expectant mothers have to leave their jobs due to risk factors at work not being addressed.

What’s new? As a result, the HSE has strengthened its guidance to emphasise the importance of ongoing, open discussions. It focuses on your duty as an employer to carry out an individual risk assessment that covers your worker’s specific needs after they have informed you in writing that they are pregnant, are breastfeeding, or have given birth in the last six months.

Relevant legal provisions.Regulations 16-18 Management of Health and Safety at Work Regulations 1999 require you to manage the risks to women of a childbearing age, pregnant workers and new mothers, act on advice from a doctor or midwife if night work will affect their health and explain employers’ duties once notified a worker is pregnant, has given birth in the last six months or is breastfeeding. Employers are forced to consider any worker because they meet these criteria, regardless of length of service. The Equality Act 2010 makes it unlawful to dismiss or discriminate against these workers.

Protect your staff. You must reduce, remove or control any risk identified that could harm the worker or child during pregnancy and breastfeeding and let your workers know about any safety measures that you have put in place so they can continue to work safely.

Tip. Whilst the advice is to include new and expectant mothers in every general risk assessment you do, it would be considered good practice to carry out a specific one once you have been notified, especially if you are in a high risk industry. Use our new and expectant mothers risk assessment (see The next step ).

For our new and expectant mothers risk assessment, visit https://www.tips-and-advice.co.uk , Download Zone, year 20, issue 20.

Updated HSE guidance emphasises the need for individual risk assessments for new and expectant mothers. Liaise with the worker and use our new risk assessment to meet your legal obligations.

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