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HSE are running a campaign to publicise their guidance, to help protect the health and safety of new or expectant mothers at work. The Health and Safety Executive (HSE) guidance is supported by the Equal Opportunities Commission (EOC) and the Maternity Alliance.

A guide for new and expectant mothers who work, aims to answer some of the questions employees may have about continuing to work while pregnant and returning to work after the birth. New and Expectant Mothers at Work - A guide for health professionals, highlights the importance of health professionals' role in helping to protect these women.

Employers have a legal responsibility to protect their female employees from hazards and risks in the workplace and to assess possible risks to new and expectant mothers. If risks are identified then the new or expectant mother is entitled to a change in working conditions, be offered suitable alternative work, or if that's not possible suspended from work on full paid leave for as long as necessary.

It's important that women employees inform their employers that they are pregnant or breastfeeding as early as possible. This is because employers are not required to take any specific action until they have received written notification.

Health professionals, in particular GPs and midwives, play a vital role during a woman's pregnancy and following the birth of her child. It's important, therefore, that they are aware of employers' responsibilities. Where ill health is detected, it's important to investigate whether her work is a contributing factor, and provide advice to her employer on how to solve the problem rather than signing her off sick.

Being pregnant or a new mother does not prevent women from working and developing their career. Every year around 350,000 women continue to work during their pregnancy and of these 69% return to work soon after giving birth. Many women work while they are pregnant and return to work while they are breastfeeding

EOC statistics found that of around 1,500 potential tribunal cases each year involving pregnancy maternity related discrimination, 1,400 involved some breach of health and safety legislation. Figures from Equal Opportunities Review, a legal journal, show that the employers increasingly have to pay higher awards in sex discrimination cases and the average compensation payout for a case involving dismissal due to pregnancy. However there is no limit to how much companies could be ordered to pay in compensation.

The EOC states that it gets most of its calls from women with questions relating to pregnancy and maternity discrimination. Often problems arise when employers are

uninformed or confused about their legal duties to pregnant employees or new mums. The HSE leaflets are to provide new and expectant mothers with knowledge and confidence to speak to their employer and address any issues quickly. They also help healthcare professionals to support women with specific problems which may or may not be related to their working environment.

The Maternity Alliance, state that a better understanding of the health and safety laws protecting pregnant women and new mothers can help health professionals to protect the health and well-being of mothers and of course their babies. And it could lead to fewer women losing out financially at a time when they need it the most. That's why the HSE's new guidance is important in raising the awareness of health professionals and of pregnant women on employers' responsibilities.

In many workplaces there are risks which may affect the health and safety of new and expectant mothers and that of their child. Working conditions generally considered acceptable may no longer be so during pregnancy and while breastfeeding. There are specific laws which require employers to protect the health and safety of new and expectant mothers.

HSE guidance helps answer some of the questions that members may have about continuing to work while pregnant or about returning to work after giving birth. In particular, it sets out what action workers need to take and what action employer should take to protect new or expectant mothers health and safety and that of their child.

DTI statistics on new and expectant mothers at work show that there are 350,000 pregnant women working per year and 240,000 return to work after giving birth (69%).

A copy of the HSE Leaflet "guide for new and expectant mothers who work" (INDG373) is attached.

Frequently Asked Questions

What notification does an employee have to provide?

Whilst there are no legal requirements on employees to inform their employers that they are pregnant or a new mother they should bear in mind that their employer is not required to take any specific action until written notification has been provided. It is therefore important for the employee and her child's health and safety that employers should advise their employees to provide written notification as early as possible. Employers can also ask for a certificate from their employee's GP or midwife stating that she is pregnant.

What actions are employers required to take?

Employers should take action to ensure that their workers, who are or in the future could be a new or expectant mother, are not exposed to any significant risk. To get a better picture of how this should be done, see HSE's flowchart [copy attached] which provides an outline of the procedure.

There are two stages to the action employers must take.

Stage one

Employers should:

Look for hazards/risks
Decide who might be harmed and how
Consult employees or their safety representatives and inform them of any risks identified
Inform employees that it is important for them to provide written notification that they are pregnant or breastfeeding as early as possible.

Stage two

Employers should conduct a specific risk assessment on receipt of written notification from an employee that she is pregnant, has given birth in the last six months or is breastfeeding. This must take into account any advice provided by the woman's health professional.

If any risks are identified then employers must take action to remove, reduce or control the risk. If the risk cannot be removed employers must:

Action 1
temporarily adjust her working conditions and/or hours of work; or if that is not possible:
Action 2
offer her suitable alternative work (at the same rate of pay) if available; or if that is not feasible:
Action 3
suspend her from work on paid leave for as long as necessary to protect her health and safety and that of her child.

What are the hazards/risks that could be harmful to new and expectant mothers?

The following checklist is a useful tool to help identify risks that could be harmful to the health and safety of new and expectant mothers and their children.

Physical Hazards:

Awkward spaces and workstations
Vibration
Noise
Radiation (covered by specific legislation).

Biological Agents:

Infections

Chemical Hazards:

E.g. chemical handling (handling drugs or specific chemicals such as pesticides, lead etc).

Working Conditions:

Inadequate facilities (including rest rooms)
Excessive working hours (night work etc)
Unusually stressful work
Exposure to cigarette smoke
High or low temperatures
Lone working
Work at heights
Travelling
Exposure to violence
New and Expectant Mothers at Work - A guide for employers (INDG373) copy attached. Provides detailed advice on hazards, risks and ways of avoiding them.

What aspects of pregnancy could be made worse by the workplace?

Aspects of pregnancy Factors in work

'Morning', sickness Headaches Early shift work, Exposure to nauseating smells

Backache Standing/manual, handling/posture

Varicose veins Standing/manual, handling/posture

Hemorrhoids Working in hot conditions

Frequent visits to toilet Difficulty in leaving job/site of work

Increasing size Use of protective clothing, Work in confined areas,

Tiredness Manual handling

Balance Overtime, Evening work

Comfort Problems of working on slippery, wet surfaces

Problems of working in tightly fitting work uniforms

Can a new mother continue to breastfeed on returning to work?

It is for the mother to decide how long she wishes to breastfeed and returning to work does not mean that she has to stop. On returning to work she should provide her employer with written notification that she is breastfeeding. Ideally she should do this before returning to work. Her employer must then conduct a specific risk assessment (see employers action above).

Can new and expectant mothers still work nights?

Yes. Unless there is a specific work risk and her GP/Midwife has provided a medical certificate stating that she must not work nights. If this is the case then her employer must offer her suitable alternative day work on the same terms and conditions and if that is not possible, then suspend her from work on paid leave for as long as necessary to protect her health and safety and/or that of her child.

What are employees' maternity rights?

More information can be found in the Department of Trade and Industry's (DTI) guidance 'Maternity Rights - a guide for employers and employees', at the following link: http://www.berr.gov.uk/employment/employment-legislation/employment-guidance/page34031.html

What facilities do employers have to provide?

The Workplace Regulations and Approved Code of Practice require employers to provide suitable facilities for pregnant and breastfeeding mothers to rest. Where necessary these should include somewhere for the woman to lie down.

HSE recommends that it is good practice for employers to provide a private, healthy and safe environment for nursing mothers to express and store milk (but this is not a legal requirement). It is not suitable to use toilets for this purpose.

What role does the new or expectant mother's health professional have in protecting her health and safety?

Health professionals play a vital role during a woman's pregnancy and following the birth of her child. In most cases primary care remains the only viable option for advice on work-related ill health. This means that if a new or expectant mother is experiencing health problems their first point of contact is her GP or Midwife.

It is important therefore that health professionals are aware of employers' responsibilities for managing work-related ill health and exposure to workplace risks. New and Expectant Mothers at Work - A guide for health professionals, [copy attached] provides this information.

Where health problems are being experienced, the health professional should consider, in discussion with the patient, what effect her working environment and conditions may have played. If any health problems are identified then health professionals can provide written advice, using a Med 3 statement, on the mother's health, which she can then give to her employer. Her employer is then obliged to take the advice into account when conducting a specific risk assessment. The Department for Work and Pensions' website provides more information on the uses of the Med 3 certificate www.dwp.gov.uk.

Health professionals also help by directing new and expectant mothers to HSE's free leaflet New and Expectant Mothers at Work - A guide for employers - INDG373 [copy attached]. To help with this, the HSE have produced a poster [copy attached] that can be printed and then placed on notice boards.

What enforcement action will the HSE take?

HSE's enforcement policy adopts a risk-based approach and inspection activity is often concerned with offering advice initially rather than taking formal action. Complaints made to HSE are checked for validity and in the main followed-up by writing to employers providing advice on what action they are required to take. In the cases on maternity issues where there is a significant risk or a willful disregard for established standards or persistent poor compliance with the law - Improvement notices or prosecutions will be considered.

Sources of further information and guidance on other websites

Maternity Rights - A guide for employers and employees: http://www.berr.gov.uk/employment/employment-legislation/employment-guidance/page34031.html
EC Communication from the Commission COM (2000) 466 final/2: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:52000DC0466:EN:HTML
On the guidelines on the assessment of the chemical, physical and biological agents and industrial processes considered hazardous for the safety or health of pregnant workers and workers who have recently given birth or are breastfeeding (Council Directive 92/85/EEC).

A new booklet "Pregnancy and Work. What you need to know " [copy attached] was also published which describes women's and employer's rights and

responsibilities. It includes the employer's responsibilities to undertake a specific risk assessment for the pregnant woman once informed of the pregnancy.

Useful links

Department for Business, Enterprise and Regulatory Reform: http://www.berr.gov.uk/employment/index.html
The BERR website provides more details about employment relations, including maternity and paternity rights, leave and work life balance.
Tailored Interactive Guidance on Employment Rights (TIGER): http://www.direct.gov.uk/en/Employment/Employees/index.htm
Alternatively visit DTI's Tailored Interactive Guidance on Employment Rights website to find out your individual rights.
Department for Work and Pensions: http://www.jobcentreplus.gov.uk/JCP/Customers/WorkingAgeBenefits/Dev_008115.xml.html
The Department for Work and Pensions site will provide more information on how to claim maternity allowance, and for more information on Med 3 Certificates.
Inland Revenue: http://www.hmrc.gov.uk/home.htm
The Inland Revenue's site can give employers more information about Statutory Maternity Payments
Equal Opportunities Commission: http://www.eoc-law.org.uk/Default.aspx?page=3005
For more information on Sex Discrimination visit the Equal Opportunities Commission's website - the leading agency working to eliminate sex discrimination in the 21st century
Tommys - the baby charity: http://www.tommys.org/
Tommy's is determined to address the problems caused by premature birth, miscarriage, and stillbirth. They fund a national programme of research, education and information aimed at understanding and preventing these tragedies.
Safe and healthy working: http://www.sahw.co.uk/
Safe and healthy working is a new service in Scotland , which provides access to free and confidential advice, information and support on occupational health and safety in the workplace
BBC - Pregnancy at work: http://www.bbc.co.uk/parenting/having_a_baby/pregnancy_work.shtml
Maternity rights at work change quite often, and it's always best to get up-to-date information and advice - and to question anything you're told. Here you'll find an outline of what you can expect.
BBC - Finding family friendly workplaces: http://www.bbc.co.uk/parenting/work/betterbalance_workplaces.shtml
When you've got children, working for an employer that understands your needs as a parent can make a huge difference. But how do you find one?
The Sex Discrimination Act 1975 : http://www.pfc.org.uk/node/297

HSE Priced publications

The following are available from HSE Books 'New and Expectant Mothers at Work - A guide for employers' £9.50 [HSG122]