New and Expectant Mothers at Work: Your Legal Duties Explained

Why New and Expectant Mothers Deserve Special Attention in Your Risk Assessments

Pregnancy changes everything for an employee, and it should change something for you as an employer too. The risks that your general workplace risk assessment covers may be perfectly adequate for your wider workforce, but they will not automatically account for the additional vulnerabilities that come with pregnancy, recent childbirth or breastfeeding. Getting this wrong is not just a legal problem; it can have serious consequences for the health of both the mother and her unborn or newborn child.

The good news is that the legal framework is clear, and with a structured approach, most employers can meet their duties without significant disruption to the business. This article walks you through what the law requires, what hazards to look for, and what practical steps you should be taking right now.

What the Law Actually Says

The primary legislation covering this area is the Management of Health and Safety at Work Regulations 1999. Regulation 16 places a specific duty on employers to assess risks to new and expectant mothers once they have been notified in writing that an employee is pregnant, has given birth within the previous six months, or is breastfeeding.

Alongside this, the Workplace (Health, Safety and Welfare) Regulations 1992 require employers to provide suitable rest facilities for pregnant workers and nursing mothers. The Maternity and Parental Leave etc. Regulations 1999 also come into play, particularly around the steps an employer must take if risks cannot be adequately controlled.

In simple terms, the law requires you to:

• Carry out a specific risk assessment for new and expectant mothers as soon as you are notified of a pregnancy.
• Take action to remove or reduce any risks identified.
• Alter working conditions or hours where necessary.
• Offer suitable alternative work if the employee cannot safely continue in her current role.
• Suspend the employee on full pay if no suitable alternative work is available and the risk cannot be controlled by other means.

It is worth noting that the duty to assess does not begin only when an employee tells you she is pregnant. You should already have considered, within your general risk assessment, whether any roles in your business could pose a risk to new or expectant mothers. This is a proactive requirement, not a reactive one.

Common Workplace Hazards to Consider

The range of hazards that can affect new and expectant mothers is broader than many employers realise. It is not simply about avoiding heavy lifting, though that is certainly part of it. You need to think carefully about the nature of the work and the environment in which it is carried out.

Physical Hazards

• Manual handling tasks that involve lifting, carrying or pushing, particularly as pregnancy progresses and the centre of gravity shifts.
• Prolonged standing or sitting, which can cause swelling, discomfort and circulatory problems.
• Working at height, where balance is affected and the consequences of a fall are more serious.
• Exposure to whole-body vibration from vehicles or machinery.
• Extremes of temperature, particularly excessive heat.

Biological and Chemical Hazards

• Exposure to hazardous substances under the Control of Substances Hazardous to Health Regulations 2002 (COSHH), including solvents, pesticides and certain cleaning agents that may be harmful to a developing foetus.
• Infectious agents such as rubella, listeria or toxoplasma, which are particularly relevant in healthcare, laboratory or food production settings.
• Lead and its compounds, which are specifically controlled under the Control of Lead at Work Regulations 2002 and carry restrictions for women of childbearing age.

Psychosocial and Ergonomic Hazards

• High levels of workplace stress, which can affect the health of both mother and baby.
• Night working, which can cause fatigue and may need to be suspended if a medical certificate confirms it is affecting the employee's health.
• Lone working, where access to help in an emergency may be limited.

Carrying Out the Individual Risk Assessment

Once you have been notified of a pregnancy in writing, you need to carry out an individual assessment for that specific employee in her specific role. Your general risk assessment provides a useful starting point, but it is not sufficient on its own. You need to consider the individual's stage of pregnancy, any medical conditions or complications, and the particular tasks she carries out day to day.

Involve the employee in the process. She will often be the best source of information about how her role feels physically, what she is finding difficult and what adjustments might help. Keep a written record of the assessment and review it regularly, as risks can change as the pregnancy progresses.

Where you identify risks that cannot be adequately controlled, you must act in the order set out in the regulations: first, adjust working conditions or hours; second, offer suitable alternative work; third, suspend on full pay if no suitable alternative exists. Skipping straight to suspension without genuinely exploring other options is not acceptable.

Practical Steps for Employers

Beyond the legal minimum, there are a number of practical measures that help you manage this area well and demonstrate a genuine duty of care to your employees.

• Create a template new and expectant mothers risk assessment that managers can adapt quickly when a pregnancy is notified, so you are not starting from scratch each time.
• Train your line managers so they understand what to look for, how to have sensitive conversations and what to do when a risk is identified.
• Review your sickness absence and return-to-work procedures to ensure they reflect the specific protections that apply to pregnancy-related illness.
• Ensure rest facilities are genuinely suitable; a chair in a stock room does not meet the standard.
• Keep records of all assessments, the actions taken and any adjustments made, as these will be important evidence if a dispute arises.

After the Birth: Breastfeeding and Return to Work

Your duties do not end when an employee goes on maternity leave. When she returns to work, if she is breastfeeding, the risk assessment obligation continues. You must provide a private, clean and comfortable space for her to express milk and somewhere to store it safely. A toilet cubicle does not meet this requirement. You should also review her role and working arrangements to ensure they remain suitable.

It is worth approaching the return-to-work conversation early, in a supportive way, so that any adjustments can be planned in advance rather than rushed at the last minute.

How Integral Safety Can Help

Managing the health and safety of new and expectant mothers requires careful assessment and sound documentation. If you are unsure whether your current risk assessments are adequate, or if you need support putting a process in place, our team at Integral Safety can help. We provide practical, jargon-free health and safety consultancy to businesses across the East Midlands, and we can review your existing arrangements or help you build a robust process from the ground up. To find out more, please contact us and speak to one of our consultants.