Ensuring the health and safety of expectant and new mothers

Pregnant women and new mothers are entitled to have a specific risk assessment carried out to ensure that neither the employee nor the child are exposed to risks that could damage either of their health and safety.This information guides you through the process of carrying out the risk assessment.

There are ways to ensure health and safety of expectant and new mothers:

An employer must carry out a specific risk assessment when an employee provides written notification that she is pregnant, has given birth within the previous six months or is breastfeeding.
It is a good idea to discuss the risk assessment with the employee and get her input.
Depending on the outcome of the risk assessment, a new or expectant mother may have their working conditions temporarily altered, be given suitable alternative work or be suspended on full pay.
Risk assessments should be reviewed where there is a change in circumstances.
Special health and safety protection is afforded to pregnant night workers.
Employers must provide facilities for any pregnant worker or nursing mother to rest. Employers must provide adequate rest and meal breaks.
An employer must carry out a general risk assessment for all employees. When there are employees of childbearing age, this must take into account hazards and risks posed to all new and expectant mothers and their babies.

All employers are required to carry out a general risk assessment in which they identify hazards in the workplace that could pose a threat to the health and safety of employees and any others who may be affected. Employers must assess the risks and do what is reasonably practicable to control those risks.

Where an employer employs employees of childbearing age, it must take into account any processes, working conditions or agents which could jeopardize the health and safety of new or expectant mothers, or that of their babies. A new or expectant mother includes a woman who is pregnant, has given birth within the previous six months, or who is breastfeeding. This forms part of the general risk assessment.

Employers must consult their employees on any health and safety matter, including decisions being planned that may affect their health and safety. They should inform and consult their employees or their representatives on what is being proposed.

Details on how to carry out a general risk assessment are available here.

Specific Risk Assessment

An employer must carry out a specific risk assessment when an employee provides written notification that she is pregnant, has given birth within the previous six months or is breastfeeding. Employers may also request in writing a certificate from a registered doctor or midwife confirming that the employee is pregnant.

The specific risk assessment must take into account any advice provided by the employee’s doctor and/or midwife. If risks are identified, the employer must take all reasonably practicable measures to remove, reduce or control the risk. If there are significant risks which cannot be removed, the employer must follow a number of steps.

The three steps an employer must take to remove an employee from the risk are:

the employer must temporarily alter the woman’s working conditions or hours of work. If this is not reasonable or would not avoid the risk, then
the employer must offer the employee suitable alternative work (at the same rate of pay) if available. If that is not feasible, then;
the employer must suspend the employee on full pay for as long as is necessary to protect her health and safety and that of her child.

Alternative work must be suitable and appropriate to the employee. It must also be on terms and conditions not substantially less favourable to the employee than her normal terms and conditions.

Employers must also provide suitable facilities for workers who are pregnant or breastfeeding to rest.

Details on how to carry out a specific risk assessment are available here.

Regular Review

The risk assessment must be regularly reviewed and appropriate changes made where there is a significant change in the workplace environment.

Health and Safety of Night Workers

If a new or expectant mother has a medical certificate from a registered doctor or midwife stating that night work could affect her health and safety, an employer must either:

offer her suitable alternative daytime work,
suspend her from work on full pay for as long as necessary to protect her health and safety.

Alternative work must be suitable and appropriate to the woman. It must also be on terms and conditions not substantially less favourable to the her than her normal terms and conditions.

No Disadvantage

There is no reason why a pregnant or new mother cannot continue working and developing their career providing working conditions are acceptable. An employer must not subject a woman to disadvantage or dismiss her for health and safety reasons relating to her pregnancy or maternity leave. Failure to carry out a risk assessment may constitute sex discrimination. More information on the action employees can take to enforce their health and safety rights is available in our advisers section.

Additional Information on the law

The Health and Safety Executive website has more information on the law relating to the health and safety of new and expectant mothers in the workplace.

Relevant Legislation

Management of Health and Safety at Work Regulations 1999
Working Time Regulations 1998
Workplace (Health, Safety and Welfare) Regulations 1992
Employment Rights Act 1996

Additional resource

For further information please the relevant sections in EOC law.

Also visit the HSE website - Health and Safety Executive guidance on the health and safety of new and expectant mothers.

Forms and templates

Sample breastfeeding policy

The following policy may be incorporated into a Maternity Policy. It should be adapted to meet the needs of the specific employer]

This policy does not form part of your terms and conditions of employment and can be changed by the Company at any time.

The Company recognises the benefits of breastfeeding to mothers and their children and therefore encourages and supports staff members to breastfeed their babies, including upon their return to work. To this end, the Company will:

1. inform all pregnant employees of the benefits of breastfeeding and of their rights under this policy;

2. perform a risk assessment in relation to all employees who plan to continue breastfeeding after their maternity leave;

3.identify [a named manager] who will be responsible for performing the risk assessment and who should be given notice in writing of the employee’s intention to continue breastfeeding on her return to work;

4. if necessary, adjust the working hours and/or conditions of breastfeeding employees, in consultation with each employee;

5. permit breastfeeding employees to take additional breaks of [up to one hour per full working day] to feed their baby or to express their breastmilk. [If the employee prefers, this hour can be taken to shorten her working day];

6. make available a comfortable, appropriately equipped room for breastfeeding employees to feed their baby or express their milk;

7. specify a fridge where breastmilk may be stored and specify a location where expressing equipment can be stored.

Template for general risk assessment

Name of person undertaking risk assessment:

Date undertaken:

Hazards: Identify general hazards. For example: ‘Lifting boxes and other items’

Action to be taken to remove or reduce hazard: Specify action to be taken. For example: ‘Pregnant employees are at particular risk of injury due to lifting. Manager to assign this work to other staff members.’

Where can pregnant employees rest?

Where can employees breastfeed or express milk?

Where can employees store expressed breastmilk?

Where can employees wash, sterilise and store receptacles for breastmilk?

Template for special risk assessment

Name of employee:

Name of person undertaking risk assessment:

Date undertaken:

Date for review:

Has the midwife or doctor provided any advice which should be taken into account in this risk assessment? Yes/No

Hazards: Be specific about the hazard you have identified. For example: ‘Lifting boxes of copy paper from the bottom shelf’

Action to be taken to remove or reduce hazard: Be specific about the action to be taken. For example: ‘Manager to ask another staff member to move boxes of copy paper to shelf at waist height.’

For pregnant employees:

Where can the employee rest?

For employees who are breastfeeding:

Where can the employee breastfeed or express milk?

Where can the employee store expressed breastmilk?

Where can the employee wash, sterilise and store receptacles for breastmilk?

Signed by person undertaking the risk assessment:

Signed by employee: