Pregnancy, Childbirth and Breastfeeding – a woman’s right to Risk Assessment
A new leaflet has been produced by HSE books called ‘A guide for new and expectant mothers who work‘.
It sets out clearly the legal position, that it is the employer’s duty to conduct risk assessments for his/her employees. This specifically includes risks to females of childbearing age who could become pregnant and any risks to new and expectant mothers whilst at work.
I have tried to acquire sufficient stocks to distribute one to every school but have been told this is not possible. However they are available free of charge in single copies, phone the infoline 08701 545500 and tell them I told you to call! Or they are downloadable from the HSE website www.hse.gov.uk.
The leaflet further outlines the sorts of risks to be assessed including exposure to infectious diseases standing for long periods of time, carrying heavy loads, long working hours, threats of and actual violence etc. Following on, there is an excellent flow chart of the actions management should take once you have informed them of your pregnancy. You have rights to involvement in and consultation on the risk assessment process and its review.
Breastfeeding at Work
Managers are also required to conduct a risk assessment if you inform them in writing that you are breastfeeding and must take account of any medical advice you provide from your GP or midwife.
Your employer is also required to provide somewhere for pregnant and breastfeeding mothers to rest. HSE recommends to employers that it is good practice to provide a private, healthy and safe environment for nursing mothers to express and store milk (though not a legal requirement). It is not suitable to use toilets for this purpose. HSE publish ‘New and expectant mothers at work: A guide for employers’ from HSE Books PO Box 1999, Sudbury, Suffolk, CO10 2WA – www.hsebooks.co.uk
There is full advice on Women’s Health & Safety on the NUT’s website health & safety briefings section including advice for pregnant teachers when visiting farms at lambing time and the use of VDUs.
The following is a model letter for members to use. Examples of common issues to be addressed are discussed in the NUT document Maternity Matters available on the website or from BANUT on request.
MODEL LETTER
Name
Address
Dear Sir or Madam
Pregnancy Risk Assessment
I am writing to inform you that I am pregnant and that my expected week of confinement is ..............
I understand that as I have now informed you of my pregnancy I do have the right to a personal and specific risk assessment as set out in the 'Management of Health and Safey at Work Regulations 1999'.
I also understand that you should regularly review my initial assessment as my pregnancy progresses to take into account possible risks that may occur during the different stages of my pregnancy.
I am writing to ask you to arrange to see me (and my NUT Health & Safety Rep* [*delete if not appropriate] ) as soon as possible in order to conduct a risk assessment.
Thank you for your time and attention to this matter. I look forward to hearing from you in the near future.
Yours faithfully.