Q&As

Is an employer required to carry out an individual and specific health and safety risk assessment for a pregnant employee (under regulations 16 and 18 of the Management of Health and Safety at Work Regulations 1999, SI 1999/3242 ) when they are formally notified of the pregnancy, or can the employer do a general risk assessment for employees of childbearing age and then remove the risk if one is identified?

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Published on LexisPSL on 09/12/2019

The following Employment Q&A provides comprehensive and up to date legal information covering:

  • Is an employer required to carry out an individual and specific health and safety risk assessment for a pregnant employee (under regulations 16 and 18 of the Management of Health and Safety at Work Regulations 1999, SI 1999/3242 ) when they are formally notified of the pregnancy, or can the employer do a general risk assessment for employees of childbearing age and then remove the risk if one is identified?

The Management of Health and Safety at Work Regulations (MHSW Regs) 1999, SI 1999/3242, reg 16 breaks an employer’s duty into two separate obligations, one which occurs prior to notification by an individual employee that they are pregnant, have given birth within the previous six months or are breastfeeding, and the other which is engaged after.

These comprise:

  1. a general duty on employers to carry out a general risk assessment where they employ women of child-bearing age, in respect of processes, working conditions, or physical, biolog

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