FM SHE 015 Pregnant Workers rev3


Safety, Health & Environment Section
FM SHE 015
Procedural Guidance for New & Expectant Mothers
October 2014
Version 3.0
Document review due: October 2016
Please Note :This is a controlled document, please ensure you are using the most recent version available at[add hyperlink]

Section

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Contents

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Page

1.0 /

Introduction

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3

2.0 / Scope / 3
3.0 / Purpose / 3
4.0 / Legal Requirements / 3
4.1 / Employers Responsibilities / 3
4.2 / Employee Responsibilities / 4
5.0 / Procedural Guidance / 4
5.1 / Stage 1 / 4
5.2 / Stage 2 / 6
6.0 / Further Information / 6
6.1 / SHE Section / 6
6.2 / Occupational Health / 6
6.3 / Human Resources / 6

Appendix 1 – Example of a pregnant worker risk assessment for office based activities

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1.0 Introduction

The University of Central Lancashire recognises its legal and moral obligations to new and expectant mothers at work. This guidance outlines the procedures to be followed by managers when an employee provides notice that they are pregnant.

Pregnancy should not be regarded as an ill health condition as it is a natural aspect of life. Some hazards in the workplace may affect the health and safety of new and expectant mothers or of their child(ren) resulting in aspects of work becoming unacceptable during pregnancy or whilst breastfeeding. Health and safety issues related to pregnant workers can normally be adequately addressed by existing management systems and procedures already in place within the University that control risk. Pregnancy in most instanceswill not prevent women from continuing to work in a safe, healthy and productive way.

2.0 Scope

This procedural guidance is applicable to all new and expectant mothers working at the University.

3.0 Purpose

The purpose of this document is to provide advice and guidance to managers on how to minimise the risks for new and expectant mothers working at the University.

4.0 Legal Requirements

The ‘Management of Health and Safety at Work Regulations 1999’ make provision for the protection of new and expectant mothers at work. The Regulations require employers to conduct a specific risk assessment for new and expectant mothers and to do what is reasonably practicable to control any identified risks. Other specific legislation also requires risk assessments to be undertaken (e.g. Ionising Radiation Regulations, Lead at Work Regulations, etc.).

4.1Employers Responsibilities

The University Safety, Health & Environment Policy identifies Deans/Directors of Schools/Services as responsible for implementing health, safety and welfare arrangements within their areas of management. The responsibility for conducting the risk assessment process for new and expectant mothers is delegated to Line Managers. The risk assessment must be completed in conjunction with the new or expectant mother with significant findings recorded in writing. Any control measures identified must be implemented in a timely fashion and reviews undertaken at regular intervals. Once notified in writing (managers may request this from a registered medical practitioner or registered midwife) that an employee is pregnant, has given birth in the last six months or is breastfeeding, employers are required to:

  • Control/Avoid Risk - If risks cannot be avoided by suitable means then employers are specifically required to make appropriate changes to working conditions or hours of work for the new or expectant mother. If this is not possible, then the individual must be suspended for as long as is necessary to protect her health and/or that of her child.
  • Night work – Where a new or expectant mother works nights and is in possession of a certificate from a registered medical practitioner or a registered midwife stating that it is necessary for her not to work nights to protect her health and safety, employers should suspend her from that work for the period stated on the certificate. Alternative daytime work involving the same terms and conditions should be offered to the individual before suspending them from work.
  • Facilities – The ‘Workplace (Health, Safety and Welfare) Regulations 1992’ require employers to provide suitable rest facilities for employees who are pregnant, have given birth within the last six months or who are breastfeeding.

4.2Employee Responsibilities

It is not a legal requirement for employees to inform their employers that they are pregnant or breastfeeding but for the health and safety of the individual and child it is essential that written notification is provided to employers as soon as possible. Once an employee is aware that they are pregnant or returning to work after the birth, they should notify their line manager to arrange for a pregnant worker health and safety risk assessment to be completed. The initial information should be collated by the post holder and line manager using the pregnant worker health and safety checklist available from Human Resources. Safety, Health & Environment Advisers are also available to assist and provide advice in the risk assessment process if required.

An occupational health referral may be appropriate for some pregnant workers and this provision should be considered during the risk assessment process. Referrals can be arranged via Human Resources in conjunction with the University’s Occupational Health Providers.

The outcome of the risk assessment may be that there are no foreseeable risks to the new or expectant mother, or that only minor alterations need to be made to the usual working arrangements. The new or expectant mother must comply with the control measures identified in the risk assessment, co-operate with management in continuing to ensure their health and safety during and after the pregnancy and notify their line manager of any changes in circumstances that may affect the risk assessment.

5.0 Procedural Guidance

New and expectant mother risk assessments should be completed by line managers who are competent to take account of all relevant information and who are familiar with the area of work and associated risks posed to the employee. Safety, Health and Environment Advisers are available to assist with the risk assessment process if required. The following two stage approach explains what an employer must do if they have female workers of childbearing age:

5.1Stage 1

Initial risk assessments must include any significant hazards and risks to female employees of childbearing age (including new and expectant mothers). Risks must include those to the mother, the unborn child,and relevant risks with respect to a woman who is still breastfeeding. General information about completing a risk assessment can be found on the SHE Section website.

(i)Hazard Identification - The assessment must take account of the tasks and working conditions that the individual will be exposed to whilst at work. These may include some or all of the following:

Physical risks:

  • Movements and postures;
  • Manual Handling;
  • Shocks and vibrations;
  • Noise;
  • Radiation (ionising and non-ionising);
  • Compressed air and diving;
  • Confined space work.

Biological agents in hazardous groups 2, 3 & 4, such as the following infectious diseases:

  • Rubella (German measles);
  • Hepatitis B;
  • HIV;
  • Herpes;
  • TB;
  • Chickenpox;
  • Syphilis;
  • Typhoid;
  • Toxoplasma;
  • Cytomegalovirus;
  • Chlamydia.

Chemical agents and hazardous substances that are known to endanger the health of pregnant women and the unborn child:

  • Substances labelled R40, R45, R46, R49, R61, R63, R64 and R68;
  • Carcinogenic substances;
  • Mercury & its derivatives;
  • Chemical agents known to be absorbed through the skin e.g. some pesticides;
  • Carbon monoxide;
  • Antimitotic (cytotoxic) drugs;
  • Lead & its derivatives.

Working Conditions:

  • Facilities (e.g. rest rooms, toilets, hygiene, facilities for storage, etc.);
  • Mental and physical fatigue and working hours;
  • Occupational Stress;
  • Passive smoking;
  • Temperature (extremes of cold & heat);
  • Working with visual display units (VDUs);
  • Lone working;
  • Working at height;
  • Travelling for work purposes;
  • Work-related violence;
  • Work equipment;
  • Personal protective equipment;
  • Nutrition (e.g. rest breaks/lunch breaks, etc.).

*The above list is a guide and is not exhaustive.

(ii)Decide who might be harmed and how – The hazards identified may pose different risks depending on whether an employee is pregnant, recently given birth or is breastfeeding and this must be taken into account during the risk assessment process. Additionally, there is normally a period of 4-6 weeks during which time an employee may not be aware that she is pregnant or is reluctant to inform the employer in the very early stages. This issue can be resolved by adopting best practice and reducing the exposure of all employees to harmful agents.

(iii) Consultation – Employers must consult with employees on health and safety issues and inform them of what is being proposed allowing them the opportunity to comment. Should the risk assessment process highlight a potential risk, female employees of childbearing age must be informed whether they are pregnant; could be in the future; or are breastfeeding. Affected individuals should also be notified of what control measures the employer plans to put into place to ensure that they are not exposed to any risk.

5.2Stage 2

Once the employer has been notified of an expectant mother or a new mother who is breastfeeding, a specific assessment for the individual concerned must be completed based upon the initial assessment. If there is found to be a significant risk to the health and safety of the new or expectant mother which is above the level generally found outside the workplace then the employer must take one of the following actions:

  1. Temporarily adjust working conditions. If this is not reasonable to do or would not avoid the risk…….;
  2. Offer the individual suitable alternative work if available. If this is not feasible…….;
  3. Suspend the individual from work on paid leave for as long as is necessary to protect her health and safety and that of her child.

The risk assessments for the new and expectant mother must be reviewed regularly and take account of any changes (e.g. impaired movement due to increased body size). There is a legal requirement for recording the risk assessment in writing. The standard University risk assessment form should be used to fulfil this requirement.

6.0 Further Information

6.1 SHE Section

The Safety, Health & Environment Section employ specialist Safety, Health & Environment Advisers who are available to provide advice and assistance to members of staff and managers on the practical steps which can be taken in order to safeguard new and expectant mothers at work. The SHE Section general enquires number is (01772 89) 2067.

6.2 Occupational Health

If there are any confidential medical issues involving the new or expectant mother, then the University’s Occupational Health provider have health care professionals available to provide advice in conjunction with G.P’s and health care trusts. They can be contacted via Human Resources on 01772 89(2324).

6.3 Human Resources

Each School/Service has access to a dedicated Human Resources Officer who is available to provide assistance with advice to both staff and managers in relation to new and expectant mothers at work, maternity leave and return to work procedures. Human Resources general enquiries can be made by contacting (01772 89) 2324.

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FM SHE 015 Pregnant Workers rev3

Appendix 1Example of a pregnant worker risk assessment for office based activities

PREGNANT WORKER RISK ASSESSMENT
Risk Assessment For / Assessment Undertaken By / Assessment Reviewed
Service /School: /

Name:

/ Name:
Location of Activity: / Date: / Date:
Description of work activities:
Name: / Signed by Dean of School / Director of Service or nominee: / Next Review Date (on or before):
REF: / Date:
List significant hazards here: / List existing controls, or refer to safety procedures etc. / Remaining level of risk: high/medium/low
Physical Hazards
Movements & Postures / The nature and duration of tasks/movements/postures will be varied to avoid the need to bend/stand for prolonged/frequent periods as agreed with the individual.
The nature of the work sometimes involves continuous sitting to support the role function. Regular rest breaks/changes of activity will be agreed with the individual in addition to those already in place, as required.
The pace of the work will be discussed and agreed with the individual on a bi -weekly basis as the pregnancy progresses.
The general working environment within the building is comfortable and has good access including a lift.
DSE assessment in place and will be reviewed at regular stages throughout the pregnancy. / Low
Manual Handling & Musculoskeletal Injuries / The individual will only be tasked to manually lift/carry small every-day items – weight to be determined by the individual as ‘comfortable’. All other manual lifting tasks to be delegated to other members of staff. / Low
Working Conditions
Facilities (including rest rooms) / Regular rest breaks will be agreed with the individual in addition to those already in place, if so required. The individual’s workstation has seating provided and there is a first aid room in ………. Building, where the individual may sit or lie down in private. Rest breaks will be reviewed on a bi-weekly basis with the Line Manager but should the individual require an unscheduled rest break at any time, they should inform their Line Manager via a colleague and take an appropriate rest.
Hygiene facilities are readily available and easily accessible within ………… Building. / Low
Mental/Physical Fatigue & Working Hours / Regular scheduled rest breaks.
Work start and finish times to be incorporated to suit the individual via the flexi-time system.
Bi-weekly informal reviews with the individual will be undertaken by the Line Manager to discuss any issues or concerns of the individual. The risk assessment, controls and arrangements will be modified as required. Changes to working hours will be made formally following agreement with Line Manager and HR. / Low
Work-Related Stress / Adjustments to working conditions made during risk assessment process.
Regular reviews and monitoring of work load by Line Manager.
Occupational Health Service available for monitoring individual and provision of advice. / Low
Passive Smoking / Smoking is not permitted in any building on campus. / Low
Temperature / Temperatures are set to a comfortable office standard by Facilities Management and monitored. Ventilation is good. / Low
Lone Working / Lone working will be avoided where possible and the individual will work within shouting distance from a colleague. The individual will be reminded how to use the internal telephone system, how to summon assistance and details of the emergency procedures. / Low
Work at Heights / The individual will not be permitted to work at height including the use of kick stools and ladders. / Low
Violence & Aggression / Access to the office in ……… Building is restricted to authorised staff. Generally, the building and work area is well occupied by staff.
The individual will be reminded how to use the internal telephone system, how to summon assistance and details of the emergency procedures. / Low
PPE / No PPE required. / Low
Nutrition / Clean drinking water is available from within the office and tea/coffee making facilities are available. Food can be consumed during rest breaks and purchased in the close vicinity. A kitchen is provided where food can be kept chilled and warmed up using the microwave provided. / Low
DSE / The Line Manager will review the display screen equipment (DSE) risk assessment. Individual to schedule regular changes of activity to ensure that they do not spend prolonged periods at the DSE without a break. / Low
Miscellaneous / The pregnant worker has not received any specific advice from her GP or the hospital with regard to restricting work activities during pregnancy. / Low
Return to work considerations / All issues will be considered prior to individuals return to work and the risk assessment will be amended accordingly.
Breastfeeding mothers/expressing milk/storage of expressed milk
Manual Handling

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