Risk Assessments for Pregnant Women at Work

You may be thinking about or may have already informed your employer that you are pregnant. You are not required to do this until 15 weeks before the beginning of the week the baby is due. However, legal protections arise when you decide to do so. One of these is that employers, when informed of your pregnancy in writing, are legally required to update a risk assessment related to your employment.

What are risk assessments?

The Management of Health and Safety at Work Regulations 1999 requires employers to undertake a risk assessment for all employees, which assess your workplace and/or the nature of your employment to ensure the protection of your health and safety. Once informed of your pregnancy, this risk assessment must be updated and reassessed to ensure your change in circumstances are considered. Advice from the occupational health department may be taken to ensure any new potential risks are recognised.

Without undertaking an assessment, pregnant women should not be required to continue working. Additionally, depending on the circumstances, failure to carry out the assessment regarding a pregnant worker may amount to discrimination under the Equality Act 2010, which provides protection to pregnant women and those on maternity leave against discrimination.

Does the pregnancy risk assessment take into consideration the COVID-19 pandemic?

In light of the pandemic, government guidance illustrates that information found within RCOG COVID-19 in pregnancy guidance should be used in this assessment. Pregnant women at work are considered vulnerable to COVID-19 and thus require special consideration.

New guidance has stated that COVID-19 vaccines should now be offered to pregnant women. The decision to take the vaccine should be made alongside discussions with your healthcare professional regarding the benefits and risks of taking the vaccine in your individual circumstances. However, having the vaccine will not remove the requirement for employers to carry out a risk assessment for pregnant women at work.

What should happen as a result of the assessment?

Potential risks identified by the assessment should be removed or alternative working arrangements should be offered to you which expel the identified risks to your health and safety.

Once your baby has been born, your employer is also required to update the risk assessment in relation to breastfeeding.

Please don’t hesitate to get in touch with us at Ergo Law if you require any further legal advice on risk assessments whilst pregnant or otherwise.

Author: Maili Raven-Adams