Being an employer comes hand-in-hand with lots of legislative responsibilities, so let’s take a look at how this applies to new and expectant mothers...
As soon as you receive a medical certificate to evidence that an employee is pregnant, has just given birth or is breastfeeding, it’s essential that you act appropriately. In the first instance, you’ll need to complete an NEM assessment – this is to determine any and all hazards that the employee in question might be exposed to.
This isn’t just a one-off activity though. The risk assessment should be reviewed at each trimester, and must factor in
how often the exposure may occur, as well as for
how long.
Here are the essential steps you need to follow...
Identify
Firstly you need to identify risks in the following two categories.
General Hazards to Pregnant Employee:
- Physical force/shocks
- Vibrations
- Manual handling
- Temperature extremes
- Non-ionising and ionising radiation
- Stress
- Bullying
- Chemical and biological agents
Specific Hazards to Pregnant Employees (Breastfeeding):
- Excessive lifting tasks
- Working underground
- Lead substances
- Rubella exposure
- Pressurised chambers
- Toxoplasma
Reduce
You also need to ensure that you’re mindful of how changes during pregnancy can affect work performance and abilities:
- Monitor the employee’s working ability throughout their pregnancy
- Modify the employee’s working routine and conditions – this will allow them to still perform at different stages during their pregnancy
- Rest facilities (as required by law) must be provided and will help reduce stress
Eliminate
When a risk cannot be removed from their role - even after reviewing protective or preventative measures - alternative work should be provided.
Sometimes this may not be possible, in which case you should consider ‘Health & Safety Leave’ for the employee. For the first three weeks of this leave period, the employer must pay the employee’s wages at their normal rate. Once this time has elapsed, the Department of Social and Family Affairs will assess the employee.
Have any questions in relation to this article? We’re here to help, so please don’t hesitate to contact our expert employment law advisors on the 24 Hour Advice Service on 01 855 5050.
