HSE Press Release E226:02 - 9 December 2002
Today the Health and Safety Executive (HSE) published new guidance to help employers ensure pregnant women have a safe and healthy experience at work.
Employers must carry out a proper risk assessment to identify potential hazards to pregnant workers.
New and Expectant Mothers at Work, A Guide for Employers, strongly supported by the Equal Opportunities Commission (EOC) and Tommy's, the baby charity, explains how to do this, and gives detailed advice on the possible chemical, physical and biological risks to new and expectant mothers.
More than one in four pregnant women experience a miscarriage, one in 200 babies are stillborn, and 100 premature babies are born every day. New and expectant mothers should avoid:
Head of HSE's Health Management Unit, Colleen Bowen, said:
"Pregnancy is not an illness. Pregnant women should not be signed off sick for work-related ill health problems. New and expectant mothers are entitled to a change in working conditions, should be offered suitable alternative work, or if that's not possible, suspended from work at the same rate of pay if risks to her or her child's health and safety have been identified. Employers have a legal and moral duty to protect women of childbearing age from hazards and risks in the workplace. HSE will investigate complaints made to them and take whatever action is deemed necessary under health and safety legislation.
"Setting up a maternity policy is not difficult, the new guidance tells you how to do it, and gives greater benefits to employers and employees. If employers fail in their duties they could be found in breach of health and safety legislation and be prosecuted by HSE. They could also be taken to industrial tribunals where they could face substantial compensation payouts."
EOC statistics found that in 2001, out of 1,434 potential tribunal cases involving pregnancy maternity related discrimination, 1,387 involved some breach of health and safety legislation. Figures from Equal Opportunities Review, a legal journal, show that the employers are increasingly having to pay higher awards in sex discrimination cases and the average compensation payout for a case involving dismissal due to pregnancy is £9,871. However there is no limit to how much companies could be ordered to pay in compensation.
Julie Mellor, chair of EOC, said:
"By failing to tackle the health and safety implications of pregnancy, firms can find that not only do they lose a valuable worker who has had to be signed off sick, but they may also be breaching the Sex Discrimination Act.
"The number of complaints that can potentially be taken to an industrial tribunal shows that many employers are very unclear over what they need to do. This clear and easy to understand guide will help address this confusion, benefiting employers and pregnant women alike in managing pregnancy in the workplace."
The Department of Trade and Industry (DTI) estimates that it costs employers around £3,500 per employee to recruit new staff after a new or expectant mother has left.
Jane Brewin, chief executive of Tommy's, said:
"It makes good business sense to employers to encourage healthy pregnancy in the workplace leading to better employee relations and productivity, as well as increasing the chances that they will return to work. Mitigating against risks to the unborn child in the workplace is an integral part of Tommy's Pregnancy Accreditation Programme, in which we work with employers to ensure every working woman's desire to maximise their chance of having a healthy pregnancy and baby is actively encouraged in the workplace.
"There is a growing body of evidence that illustrates women are at a higher risk of having a premature baby if they work in an extremely demanding and stressful environment. We welcome this new guide, as it will help employers to provide the right working environment for pregnant women in the workplace."
1. The term 'new and expectant mothers' covers women who are pregnant, have given birth in the last six months or are breastfeeding.
2. Employer requirements are made under Regulations 3, 16, 17, and 18 of the Management of Health and Safety at Work Regulations 1999.
3. Number of complaints received and investigations initiated by HSE in the last five years.
| Year | Complaints | Investigations |
|---|---|---|
| 1997/98 | 79 | 10 |
| 1998/99 | 89 | 13 |
| 1999/2000 | 94 | 26 |
| 2000/01 | 67 | 8 |
| 2001/02 | 67 | 3 |
| Total | 396 | 60 |
HSE's enforcement policy adopts a risk-based approach and inspection activity is often concerned with offering advice rather than taking formal action. Complaints made to HSE are checked for validity and in the main followed-up by writing to employers providing advice on what action they are required to take. In the cases on maternity issues, further action was deemed unnecessary as employers followed advice given. Improvement notices or prosecutions are only likely to be considered in cases where there is a significant risk, a wilful disregard for established standards or persistent poor compliance with the law.
4. The new guidance incorporates European Commission guidelines on the assessment of chemical, physical and biological agents and industrial processes considered hazardous for the safety or health of pregnant workers, workers who have recently given birth or are breastfeeding. There is a link to the EC guidelines on the HSE Website http://www.hse.gov.uk/mothers/index.htm under 'Sources of further information'.
5. Compensation payouts awarded, compiled by the Equal Opportunities Review (EOR no 108/Aug 02)
There is no statutory limit on the total amount of compensation under the Sex Discrimination Act. The majority of cases are settled out of court.
6. Through the Pregnancy Accreditation Programme, Tommy's aims to work with employers in order to ensure every working woman's desire to have a healthy pregnancy and baby is maximised. Tommy's would like to hear from employers interested in the Pregnancy Accreditation Programme. Visit their website www.tommys.org
7. DTI statistics on new and expectant mothers at work.
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