Maternity
Safety, Health ad Welfare at Work (General Application) Regulations
2007 (S.I. No. 299 of 2007)
Part 6 Chapter 2 — Protection of Pregnant, Post Natal and Breastfeeding Employees
Interpretation for Chapter 2.
147. In this Chapter:
“agent, process or working condition” includes an agent, process or working condition, lists of which are shown in Part A of Schedule 8;
“employee” means a pregnant employee, an employee who is breastfeeding or a post natal employee;
“employee who is breastfeeding” means an employee who, having given birth not more than 26 weeks previously, is breastfeeding;
“post natal employee” means an employee who gave birth not more than 14 weeks preceding a material date;
“pregnant employee” means an employee who is pregnant.
Application of Chapter 2.
148. (1) This Chapter applies to an employee subject to her—
(a) notifying her employer of her condition as soon as is practicable after it occurs, and,
(b) at the time of the notification, giving to her employer or producing for her employer’s inspection a medical or other appropriate certificate confirming her condition.
(2) Section 6(2) of the Act does not apply to the application of this Chapter.
Risk assessment.
149. Without prejudice to section 19 of the Act, an employer shall—
(a) assess any risk to the safety or health of employees and any possible effect on the pregnancy of, or breastfeeding by, employees, resulting from any activity at that employer’s place of work likely to involve a risk of exposure to any agent, process or working condition as referred to in Part A of Schedule 8 and, for that purpose determine the—
(i) nature,
(ii) degree and
(iii) duration
of any employee’s exposure to any agent, process or working condition;
(b) take the preventive and protective measures necessary to ensure the safety and health of such employees and avoid any possible effect on such pregnancy or breastfeeding; and
(c) without prejudice to paragraph (a) and the relevant statutory provisions relating to chemical agents and to the occupational exposure limits laid down in any relevant approved code of practice—
(i) assess any risk to safety or health likely to arise from exposure of a pregnant employee to an agent or working condition listed in Part B of Schedule 8 resulting from any activity at that employer’s place of work,
(ii) assess any risk to safety or health likely to arise from exposure of an employee who is breastfeeding to an agent or working condition listed in Part C of Schedule 8 resulting from any activity at that employer’s place of work and
(iii) ensure that any such employee is not required to perform duties for which the assessment reveals such risk.
Protective or preventive measures.
150. An employer shall—
(a) where—
(i) the risk assessment carried out under Regulation 149 reveals a risk to an employee’s safety or health, or any possible adverse effect on the pregnancy or breastfeeding of an employee, and
(ii) it is not practicable to ensure the safety or health of such employee through protective or preventive measures,
adjust temporarily the working conditions or the working hours, or both, of the employee concerned so that exposure to such risk is avoided, and
(b) in cases in which the adjustment of working conditions or working hours, or both referred to in paragraph (a)—
(i) is not technically or objectively feasible, or both, or
(ii) cannot reasonably be required on duly substantiated grounds,
take the measures necessary to provide the employee concerned with other work which does not present a risk to the safety or health of, or any possible adverse effect on the pregnancy or breastfeeding by, the employee.
Night work.
151. (1) In this Regulation “night work” means work in the period between the hours of 11 p.m. on any day and 6 a.m. on the next following day where—
(a) the employee works at least 3 hours in that period as a normal course, or
(b) at least 25 per cent of the employee’s monthly working time is performed in that period.
(2) An employer shall—
(a) if a registered medical practitioner certifies that it is necessary for the safety or health of an employee that she should not be required to perform night work during pregnancy or for 14 weeks following childbirth not oblige her to perform night work during that period, and
(b) in a case to which subparagraph (a) relates—
(i) transfer the employee to daytime work, or
(ii) where such a transfer is not technically or objectively feasible on duly substantiated grounds, or both, grant the employee leave or extend the period of maternity leave.
Information.
152. An employer shall, without prejudice to the provisions of section 9 of the Act, take appropriate steps to ensure that employees or their representative, or both, are provided with information on—
(a) the results of the assessment referred to in Regulation 149, and
(b) the measures to be taken concerning employees’ safety and health pursuant to this Chapter.
Schedule 8
Regulations 147 , 149
Lists of Agents, Processes and Working Conditions
Relating to Pregnant, Post Natal and Breastfeeding Employees
Part A — Pregnant, post natal and breastfeeding employees
1. Agents
(a) Physical agents
Physical agents where these are regarded as agents causing foetal lesions or likely to disturb placental attachment (or both), and in particular—
(i) shocks, vibration or movement,
(ii) handling of loads entailing risks, particularly of a dorsolumbar nature,
(iii) noise,
(iv) ionising radiation,
(v) non-ionising radiation,
(vi) extremes of cold or heat,
(vii) movements and postures, travelling, either inside or outside the place of work, mental or physical fatigue and other physical burdens connected with the activity of the employee.
(b) Biological Agents
Biological agents of risk groups 2, 3 and 4 within the meaning of relevant statutory provisions relating to biological agents, in so far as it is known that these agents or the therapeutic measures necessitated by such agents endanger the health of pregnant employees and the unborn child but excluding those referred to in Part B of this Schedule.
(c) Chemical Agents
The following chemical agents insofar as it is known that they endanger the health of pregnant employees and the unborn child but excluding those referred to in Part B of this Schedule—
(i) Substances and preparations classified under the
(I) European Communities (Classification, Packaging, Labelling and Notification of Dangerous Substances) Regulations 2003 (S.I. No. 116 of 2003) as amended by the European Communities (Classification, Packaging, Labelling and Notification of Dangerous Substances) (Amendment) Regulations 2006 (S.I. No. 25 of 2006), and
(II) European Communities (Classification, Packaging and Labelling of Dangerous Preparations) Regulations 2004 (S.I. No. 62 of 2004) as amended by the European Communities (Classification, Packaging and Labelling of Dangerous Preparations (Amendment) Regulations 2007 (S.I. No. 76 of 2007)
with one or more of the following risk phrases—
Limited evidence of a carcinogenic effect (R40)
May cause cancer (R45)
May cause heritable genetic damage (R46)
May cause cancer by inhalation (R49)
May cause harm to the unborn child (R61)
Possible risk of harm to the unborn child (R63)
May cause harm to breastfed babies (R64)
Possible risk of irreversible effects (R68),
(ii) Substances and preparations referred to in Schedule 1 to the Safety, Health and Welfare at Work (Carcinogens) Regulations 2001 (S.I. No. 78 of 2001),
(iii) Substances and preparations released by a process referred to in Schedule 1 to the Safety Health and Welfare at Work (Carcinogens) Regulations 2001 (S.I. No. 78 of 2001),
(iv) mercury and mercury derivatives,
(v) antimitotic (cytotoxic) drugs,
(vi) carbon monoxide,
(vii) chemical agents of known and dangerous percutaneous absorption.
2. Processes
Industrial processes listed in Schedule 1 to the Safety, Health and Welfare at Work (Carcinogens Regulations 2001 (S.I. No. 78 of 2001).
3 Working Conditions
Underground mining work.
Part B — Pregnant employees
1. Agents
(a) Physical Agents
Work in hyperbaric atmosphere, such as in pressurised enclosures and underwater diving.
(b) Biological Agents
The following biological agents—
Toxoplasma
Rubella virus,
unless the pregnant employees are proved to be adequately protected against such agents by immunisation.
(c) Chemical Agents
Lead and lead derivatives insofar as these agents are capable of being absorbed by the human organism.
2. Working Conditions
Underground mining work.
Part C — Employees who are breastfeeding
1. Agents
Chemical Agents
Lead and lead derivatives insofar as these agents are capable of being absorbed by the human organism.
2. Working Conditions
Underground mining work.