How to Conduct a New and Expectant Mothers Risk Assessment
How to Conduct a New and Expectant Mothers Risk Assessment
Risk Assessment
Peninsula Group, HR and Health & Safety Experts
(Last updated )
Peninsula Group, HR and Health & Safety Experts
(Last updated )
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How to Conduct a New and Expectant Mothers Risk Assessment
FAQ
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A new and expectant mothers risk assessment is a workplace evaluation that looks into potential hazards that could affect a pregnant or breastfeeding employee and their unborn child.
The Health and Safety Executive (HSE) states employers must carry out an individual risk assessment for workers who:
· Are pregnant.
· Have given birth in the last six months.
· Are currently breastfeeding.
New and expectant mothers could face all kinds of risks whilst at work. Some examples include:
· Unsafe working conditions.
· Physical and mental fatigue.
· Higher risk of physical injury.
· Unsuitable or uncomfortable PPE.
· Poor posture and desk position.
· Exposure to harmful substances.
Once a worker is pregnant, they should inform their employment about it in writing. At this point, employers have a legal duty of care for both the employee and their unborn baby.
There are numerous employment legislation and regulations that apply to new and expectant mothers in the workplace. These include:
The Management of Health and Safety at Work Regulations 1999 (MHSWR)
· Requires employers to manage risks to women of childbearing age, pregnant workers, and new mothers.
· Covers advice from a doctor or midwife if night work will affect the health of pregnant workers and new mothers.
· Explains employers’ duties once they’re notified about a worker being pregnant, has given birth in the last six months, or is breastfeeding.
The Employment Rights Act 1996 (ERA)
· Requires employers to provide suitable alternative work to pregnant workers or new mothers if significant risks were found in their existing role.
· Must suspend the worker on full pay if suitable alternative work isn’t available.
The Workplace (Health, Safety, and Welfare) Regulations 1992
· Must provide a suitable place for pregnant and breastfeeding workers to rest.
The Equality Act 2010
· Employers cannot unlawfully dismiss or discriminate against a worker due to their pregnancy, being a new mother, or is breastfeeding.
· Potential day-one right for all workers regardless of their service completion under the new Employment Rights Bill 2024.
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Research by charity Working Families found that 75% of mothers were employed in the UK last year. It is important therefore that New and Expectant Mothers Risk Assessments (NEMA) are completed for both expectant mothers and new mothers in the workplace. This is a legal requirement under the Management of Health and Safety at Work Regulations 1999.
Employers have a legal duty to protect the health, safety, and welfare of both pregnant workers and new mothers returning to work after giving birth. This can include anything from assigning breastfeeding rooms to preventing exposure to hazards such as stress and hazardous substances that can affect the development of unborn babies.
Any evidence of failure to conduct suitable and sufficient risk assessments can result in serious consequences. Employers could face paying compensation fines, managing business penalties, and causing ill-health to employees (or even their baby).For more information, speak to one of our expert Health & Safety advisors for free today.
Let’s take a look at how to conduct a new and expectant mothers risk assessment for pregnant and expectant mothers in your workplace:
What is a new and expectant mothers risk assessment?
A new and expectant mothers risk assessment is a workplace evaluation that considers any potential hazards that could affect a pregnant or breastfeeding employee and their unborn child. The Health and Safety Executive (HSE) states employers must carry out an individual risk assessment for workers who:
The process of completing a new and expectant mothers risk assessment will ensure employers have made considerations about work conditions that could cause any form of harm of ill-health to pregnant workers and new mothers. You must assess and control each individual risk that's found within the assessment.
What risks could affect new and expectant mothers at work?
The Health and Safety Executive (HSE) presents a non-extensive list of work-related risks that new and expectant mothers could. These includes:
Working conditions: Working hours, like long hours or night shifts, can have a significant impact on pregnant workers and new mothers. Physical or mental fatigue impacts them more than a worker that is not pregnant or a new mother.
Risk of physical injury: High-risk work conditions can cause significant injuries or ill health to the employee and their child while pregnant or breastfeeding. These conditions can include working from heights, working alone, exposure to vibrations, or facing .
Personal protective equipment: needs to be personal to the individual. It is important that consideration is made for the PPE of pregnant workers, that they fit how they are supposed to and accommodate for their growing bump to offer the best protection.
Posture and position: Workers could face all kinds of musculoskeletal injuries from sitting or standing too long, carrying heavy loads, or using workstations that cause poor posture.
Exposure to harmful substances: Some work processes present a risk of exposure to harmful substances; like lead, toxic chemicals, and infectious diseases. These can harm pregnant employees and their unborn baby. They can even affect breastfeeding employees who may indirectly expose their child to harmful substances through their milk.
When do you need to complete a new and expectant mothers risk assessment?
Once a worker is pregnant, they should inform their employer about it in writing. At this point, employers have a legal duty of care for both the employee and their unborn baby.
You’ll need to complete an individual risk assessment for them – making any necessary changes to support them. This applies to breastfeeding mothers and those returning to work from .
What law applies to new and expectant mothers at work?
There are numerous employment legislation and regulations that apply to new and expectant mothers in the workplace. The main one that covers new legislation is the Management of Health and Safety at Work Regulations. These regulations implement health and safety requirements of the Pregnant Workers Directive (which is EU legislation) into UK law. This includes:
Regulation 16: Requires employers to manage risks to women of childbearing age, pregnant workers, and new mothers.
Regulation 17: Covers advice from a doctor or midwife if night work will affect the health of pregnant workers and new mothers.
Regulation 18: Explains employers’ duties once they’re notified about a worker being pregnant, has given birth in the last six months, or is breastfeeding.
Are there other laws that apply to new and expectant mothers at work?
The Employment Rights Act: This Act states employers must provide to pregnant workers or new mothers if significant risks were found in their existing role. The new role must have the same terms and conditions of the previous one. If this isn’t possible, you must the worker on paid leave for as long as necessary.
The Equality Act: This Act states it’s unlawful to dismiss or discriminate against a worker due to their pregnancy, being a new mother, or is breastfeeding. Pregnancy/maternity is one of nine protected characteristics. This is set to stand as a day-one right for all workers regardless of their service completion under the new .
How to conduct a new and expectant mothers risk assessment
Once a worker has informed their employment about their pregnancy in writing, your legal duty of care starts – for the worker and their child. Our team of experts have created a , ready for you to download and use in your company.
Let’s take a look at how to conduct a new and expectant mothers risk assessment:
Complete an individual risk assessment for your worker
Employers should start by completing an individual risk assessment for their workers. This step can include:
Reviewing existing risk assessment management controls for pregnant workers and new mothers.
Asking them about any conditions or circumstances regarding their pregnancy that could affect their work.
Discuss any concerns they have about how work affects their pregnancy.
Consult with their safety representative or trade union if they have one.
Take into account any medical recommendations provided by their doctor or midwife.
Review your individual risk assessment
Next, employers need to review the worker’s individual risk assessment and make necessary changes. This step applies as their pregnancy progresses; and if there are significant shifts to their work conditions or environments.
Employers should outline any work conditions that could present a risk to a mother and/or their child at different stages of pregnancy and maternity. For example, changes to their agility, speed, reach, coordination, and dexterity.
Record findings and share with the worker
Once risk assessments are complete, employers need to record their findings and share them with the employee, (this might include a safety representative, too). If you find a significant risk that could harm your worker or their child, you must take steps to control this. If you cannot control or remove the risk, you must do the following:
Action 1: Adjust the working conditions or hours to avoid the risk.
Action 2: If Action 1 isn’t possible, give them suitable alternative work that’s appropriate for the pregnant worker or new mother.
Action 3: If Action 2 isn’t possible, you must suspend the worker on full pay for as long as necessary.
Provide suitable areas for breastfeeding mothers
Employers must provide a suitable area where pregnant workers and breastfeeding mothers can rest. This area should:
Be somewhere they can lie down if necessary.
Be hygienic and private so they can express milk if they desire. (You cannot assign toilets for this).
Include somewhere to store milk, like a miniature fridge for their desk.
Provide extra protection during night shifts
Legally, pregnant workers or new mothers can work night shifts. But the work shouldn’t have a significant impact on their health or their child’s. Employers should conduct an individual risk assessment to spot risks during night shifts.
Get expert advice conducting risk assessments for new and expectant mothers with Peninsula
Employers must think about specific hazards and control measures their business needs to protect all staff – including vulnerable employees, like pregnant workers and new mothers.
Peninsula offers expert advice on conducting risk assessments for new and expectant mothers. We offer 24-hour H&S advice – helping you establish a positive, safe, and inclusive workplace environment for women-related health issues. Download our free and keep your employees safe.
Want to find out more? Contact us on 0800 028 2420 and book a free consultation with one of our Health and Safety consultants today.
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