Pregnancy risk assessments in the workplace

There are many health and safety risks in the workplace which can affect new and expectant mothers. Working conditions that are generally considered acceptable, may no longer be during pregnancy or while breastfeeding.

In Australia, employers have a legal duty to ensure the health and safety of pregnant workers through risk assessments, potentially including moving them to a safe job or adjusting their work hours, as outlined in the Work Health and Safety Act 2011 and the Fair Work Act 2009. If these laws are breached, you could face hefty compensation claims.

This guide will explain what a pregnancy risk assessment is, the common risks a pregnant employee or one who has recently given birth may face, and the laws that protect them.

Risk assessment for pregnant workers and new mothers

By law, you should assess the risks to women of childbearing age. And if you hire someone who's pregnant and self-employed, you're still responsible for their health and safety at work.

An individual risk assessment should be carried out when an employee has informed you in writing that they:

• Are pregnant

• Are breastfeeding

• Have given birth (in the last six months)

Once you receive this information in writing, you should carry out the following regular assessments:

1. Identify hazards: e.g., physical, biological and psychosocial

2. Consider who may be harmed

3. Evaluate risks and action measures: e.g., restrict workers' access to hazardous work areas

4. Review results

5. Assess the risk assessment: make sure your assessments stay relevant

Complete an individual risk assessment for your worker

Once you have been informed in writing by your employee, you can:

• Review your existing risk management and controls for pregnant workers

• Seek to understand if there are any conditions or individual circumstances with their pregnancy that could affect their work

• Find out if there are any concerns about how the pregnancy could affect their work

• Talk to their safety representative

Medical recommendations by their doctor must always be taken into account.

Review the individual risk assessment

To ensure safety risks are reduced, you must review your worker's individual risk assessment and make any adjustments when:

• The pregnancy progresses

• There are significant changes to the worker's job activity or workplace

Depending on the different stages of the pregnancy, the following working conditions could present a risk to the mother or child:

• Agility

• Coordination

• Movement of speed

• Reach

When you have completed your risk assessment, record your findings and share them with your worker and their safety representative.

How to identify a risk at work

If you identify a risk that could cause harm to a pregnant worker or new mothers, you must decide if you can control it. If not, you must do the following:

1. Adjust the working conditions to avoid the risk.

2. Give them suitable alternative work.

3. Suspend your worker on paid or maternity leave for as long as necessary. If you can't control measures that are put in place, the worker must be suspended on full pay.

The suspension must be in line with the Model WHS Laws and Regulations and last until either:

• Their maternity leave begins

• It's safe for them to start work again

What are common health and safety risks for a new mother?

There are a few common risks that a pregnant worker could face, such as:

Their posture and position

A new mother may be more prone to injury and may not be apparent until after birth. Pregnant women can experience postural problems during different stages of the process and on their return to work. You must ensure pregnant workers are not:

• Sitting for long periods

• Doing any heavy lifting

• Using a workstation that could cause problems to their posture

Working conditions or hours

Different working routines or hours can play a large effect on the health of pregnant workers, new mothers and even children. You should assess the risks related to:

• Long hours

• Shift work

• Workplace temperature

• Noise at work

Physical injury risks

Some types of work may carry a risk of physical injury and the consequences for pregnant workers may be more serious. You should control measures if a worker is:

• Working from a height

• Working alone

• At the risk of violence at work

Exposure to harmful substances

Many chemical and biological substances can cause harm to pregnant workers or new mothers. These harmful substances can also be passed on to the child during pregnancy or breastfeeding. Harmful substances include:

• Lead

• Radioactive materials

• Infectious diseases

• Chemicals like mercury or pesticides

What are the specific regulations that protect the Health and Safety of expectant mothers?

Employers should manage the risks to women of childbearing age, pregnant workers and new mothers, providing suitable rest facilities and conducting regular risk assessments.

The Fair Work Act states that if a pregnant worker’s usual job is unsafe, the employer must offer suitable alternative work, on the same terms and conditions. If there is no alternative ‘safe job’ available, the pregnant employee may be entitled to 'no safe job' leave at their usual rate of pay, provided they are eligible for unpaid parental leave under the Fair Work Act.

It is unlawful to discriminate against someone because of their pregnancy, potential pregnancy, or family responsibilities under the Sex Discrimination Act 1984. If this law is breached, individuals can lodge complaints with the Australian Human Rights Commission, which can investigate and attempt to resolve them through conciliation, and if unsuccessful, the matter can proceed to the Federal Court or Federal Circuit and Family Court of Australia.

Pregnant workers breastfeeding at work

Pregnant workers or mothers that are breastfeeding need more frequent rest breaks. You should agree with your employee on the frequency and timings of breaks, so you know when they're resting. Your suitable area should have:

• Somewhere to lie down

• Be private so they can breastfeed if they choose to

• Include somewhere to store milk. E.g., a fridge

To make sure the space is safe, you should conduct a risk assessment on your suitable area so that you can eliminate any risks. Toilets are not suitable for pregnant mothers to rest or lie down.

Manage pregnancy risk assessment with BrightHR

A risk assessment should be carried out every time someone is pregnant, breastfeeding or they've given birth in the last six months. If pregnant workers are harmed because of a lack of care, your business could receive a hefty fine or be sent to prison.

BrightHR can help you manage risk assessments with our BrightSafe helpline. And our document library is filled with templates to use when providing your pregnant workers with No Safe Job Leave, or to confirm their role may temporarily change.

Our health and safety advisors are on hand 24/7 to advise you on a case-by-case basis so you can have confidence that you’re always doing the best by your employees.

Book a free demo today or give us a call on 1 300 029 198