Maternity Risk Assessment Advice for Managers CONTENTS

Transcription

1 Maternity Risk Assessment Advice for Managers CONTENTS 1. Purpose 2. Applicability 3. Roles and Responsibilities 4. Overview 5. Conducting a risk assessment for new / expectant mothers 6. Avoiding exposure of new / expectant mothers to risks in the workplace 7. Suitable alternative work 8. Suspension of new / expectant mothers 9. References Appendices 1. Guidance Notes on Workplace Hazards and the Risk they pose to New and Expectant Mothers. 2. Health Risk Assessment in Pregnancy

2 1. Purpose The purpose of this advice note is to provide support to managers who are required to undertake risk assessments with a pregnant employee / new mother. 2. Applicability These advice notes apply to all employees of NHS Staffordshire and Lancashire Commissioning Support Unit. 3. Roles and Responsibilities Line Managers are responsible for ensuring risk assessments are undertaken for all new and expectant mothers, once the employee has advised their line manager she is either pregnant or a new mother, and for ensuring preventative measures are undertaken where significant risks are identified. This is a statutory requirement under the Management of Health and Safety at Work Regulations (MHSWR) Human Resources are responsible for providing support to the line manager where, as a result of undertaking the risk assessment, the line manager considers there is a need to either provide suitable alternative work or to suspend the employee. 4. Overview All managers are required to undertake a risk assessment for new and expectant mothers. This assessment should extend to any place where the employee is undertaking work. A general risk assessment should already have been undertaken therefore this maternity - related risk assessment would be a supplementary risk assessment, to review the workplace in relation to the pregnancy / return to work of new mother. The risk assessment process identifies hazards in either the workplace or the work activities. Once identified, the risks associated with the hazards must be assessed by the line manager to determine whether they have the potential to harm the expectant mother or her baby and appropriate preventative measure must then be put in place.

3 5. Conducting a Risk Assessment for New / Expectant Mothers Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Read through the employee's job description to ensure you understand the role. Arrange for a suitable time to meet with the employee. In the case of an expectant mother, this should be as soon as possible after you recieve written notification of the employee's pregnancy. Use the Guidance on Workplace Hazards and the Risks they pose to New and Expectant Mothers (Appendix 1), assess all aspects of the role of the employee. Document the findings on the Supplementary Risk Assessment Form for Maternity - related Risks (Appendix 2) and maintain a record, sending a copy to Human Resources. Take appropriate action, where significant rsiks are identified. Consult the Human Resources Team if there is a need to find suitable alternative work. Review the assessment at appriate intervals, particulary if there is a change in either the employee's circumstances or the work environment and also when the employee returns to work after maternity leave. 6. Avoiding Exposure of New / Expectant Mothers to Risks in the Workplace When a hazard has been identified by the risk assessment that could pose a risk to the health and / or safety of a new and/or expectant mother and / or her baby, you will need to consider what action should be taken to ensure the risk is either avoided or, where this is not possible, reduced to the lowest acceptable level. There are generally three options: Remove the hazard; Remove the employee from the hazard to prevent any exposure to it; Reduce or remove the effect of the associated risk. Examples of adjustments that could be made to avoid risks, or reduce them to the lowest acceptable level, could include; temporarily adjusting working hours / working conditions so as to avoid exposure to a risk or reduce the effects of a risk; temporarily assigning some duties to other employees (e.g.: manual

4 handling duties) or providing aids to help with some duties. If it is necessary to make adjustments, you should discuss these with the employee and ask whether she feels the changes are suitable. Any changes to an existing employment contract for example, changes in hours should be confirmed in writing to the employee. Please contact the Human Resources team for further advice. Where it is not possible to make changes that would avoid the risk, or the risk cannot be reduced to an acceptable level, the employee should be offered suitable alternative work (see section 7). Where there is no suitable alternative work available, following consultation with the employee and her Trade Union representative where appropriate, the employee should be suspended from work for as long as necessary to protect her health and safety and / or the health and safety of her baby. (See Suspension of New / Expectant Mothers section 8). 7. Suitable Alternative Work If it is not possible to alter a new / expectant mother s working conditions or hours of work, or making any alteration would not either avoid the risk or reduce the risk to an acceptable level, there is a duty to offer suitable alternative work, if any is available. Please contact the Human Resources team for further advice. The offer of alternative work must be reasonable. That is to say, the work needs to be suitable for the employee - for example, it may not be reasonable to transfer an employee into a managerial role if she has no managerial experience. Also, the terms and conditions of employment must not be less favourable than her existing terms and conditions. What is deemed reasonable can only be determined by the factors affecting the personal situation of the employee; therefore you should consult with the employee when considering an offer of alternative employment. Confirmation of the offer should then be made in writing to the employee by the Human Resources team. Should an employee unreasonably refuse an offer of suitable alternative work, she will lose her entitlement to be paid. 8. Suspension of New / Expectant Mothers A new or expectant mother should be suspended from work if, in order to avoid exposing the mother to hazards and their associated risks, you have been unable to: temporarily adjust working hours / working conditions so as to avoid

5 exposure to a risk or reduce the effects of a risk; temporarily assign some duties to other employees or provide aids to help with some duties; offer suitable alternative work; All employees are protected by the statutory rights in respect of suspension, regardless of length of service. All employees are protected by the statutory rights in respect of suspension, regardless of length of service. The right to be suspended on full pay for a maternity-related reason only arises where there is a risk inherent with the actual work situation. If an employee cannot work because she is suffering from a pregnancy-related illness, her entitlement will be to contractual or statutory sick pay, up to four weeks before the expected week of childbirth (EWC). If she is absent for a pregnancy-related illness in the four weeks before EWC, this will start the maternity leave. A woman suspended from work on maternity grounds is entitled to be paid remuneration at her normal rate while the suspension continues, unless she unreasonably refuses an offer of alternative employment, in which case no remuneration is payable for the period during which the offer of alternative work applies. Contractual benefits and continuous service also continue during the suspension. You should review the suspension at appropriate intervals, particularly if there is a change in either the employee s circumstances or the work environment, or if suitable alternative work becomes available. The maternity leave will not start until the date the employee requested in the Maternity Leave Form. Where the employee has not indicated a start date for maternity leave, or chooses to amend the start date and provides the appropriate notice, the suspension could continue until the EWC. If you consider it may be necessary to suspend an employee, please contact the Human Resources team who can provide further advice. A suspension from work on maternity grounds must be confirmed to the employee in writing and, again, Human Resources can provide further advice. 9. References The Health and Safety at Work etc. Act 1974; The Management of Health and Safety Regulations 1999; The Workplace (Health, Safety and Welfare) Regulations 1992; The Sex Discrimination Act 1975; HSE: INDG373 A guide to new and expectant mothers who work.

6 Appendix 1 Guidance Notes on Workplace Hazards and the Risk they pose to New and Expectant Mothers The following gives a list of some possible workplace hazards and their associated risks, along with suitable avoidance measures. The list is not exhaustive and there may be other hazards to consider. Please refer to the Health and Safety Manager for further advice. Does your job involve any of the following? Work with any form of chemicals Work with micro organisms or infectious materials Shocks from vibration or movement Display Screen Equipment Ergonomics Loud noise Work in confined areas Nature of risk in pregnancy Some chemicals are specifically toxic to the developing foetus. Pregnant women are forbidden by law from work involving lead (e.g. some piping or lead flashings). Some diseases such as chicken pox or German measles pose particular risks for pregnant women; these are not likely to be a risk except for those working in a healthcare environment. Regular exposure may increase risk of miscarriage. May be increased risk of premature birth or low birth rate. Breast feeding mothers are at no greater risk than other workers. There is substantial evidence supporting the case that there is no risk to a pregnant woman from radiation emissions from DSE. Workplace design, layout of workstation and design of work equipment may affect the safety of pregnant workers. Prolonged loud noise can increase the blood pressure and reduce growth of the baby. Work in small areas may increase the risk of musculoskeletal problems, particularly in later pregnancy when the body shape Changes. Control measures to consider For low risk chemicals such as disinfectants regularly used by cleaners, the risk is relatively low and usual control measures such as wearing gloves will be adequate. For those working in a healthcare environment consider referral to H&S. For those deliberately working with biological hazards, refer to H&S. Avoid work likely to involve uncomfortable whole body vibration or where abdomen is exposed to shocks or jolts. Ensure an up to date DSE workstation assessment has been completed. Consideration has to be given to the effects on the body e.g.: the increase in size, reach and ability to bend / stretch. For employees who use workstations, either at home or in the office, the workstation(s) should be assessed regularly and consideration given to obtaining aids where appropriate e.g.: foot rest, back rest, document holder. Refer to H&S if exposed to noise which makes conversation difficult at a distance of 2m. Consider changing duties to avoid this, especially in late pregnancy. E.g. cleaners may struggle to clean toilets and

7 Work on slippery or wet surfaces Exposure to strong or unpleasant smells Prolonged sitting or standing Repeated sitting or stretching Lifting and carrying Working alone for long periods Overtime Work in hot and cold conditions Use of protective clothing or uniform Work without good access to toilet and rest facilities The likelihood of falling may be higher especially in later pregnancy when the body shape changes. Falling carries a risk to mother and baby. This may increase nausea, especially in early pregnancy. Prolonged sitting increases the risk of back pain. Prolonged standing increases the risk of back pain, tiredness and varicose veins. This may increase the risk of back pain, especially in later pregnancy and also of fatigue. The risk of back pain is increased in pregnancy due to softening of the ligaments. This is an issue right from the beginning of pregnancy. In later pregnancy, the risks are increased due to the changed posture. Possible increase in risk of ill-health requiring assistance. Fatigue may be an issue; growth of the baby may be reduced if working long hours or very tired. When pregnant, women tolerate heat less well and may more readily faint or be liable to heat stress. This may be an issue even in ordinary offices in particularly hot weather. Breast feeding may be impaired by dehydration. No specific problems from working in extreme cold. Clothing may be hot or cumbersome and increase fatigue. Clothing may fit badly as shape changes in later pregnancy. More frequent toilet breaks may be required during pregnancy. Fatigue may be an issue in pregnancy. shower cubicles as the bump gets larger. Implement usual good practices to minimise slipping risks (e.g. clear signage, regular cleaning of wet areas). Consider referral to H&S if the risks are very high. Consider relocation from the area in early pregnancy if this is a particular issue. Consider breaks to be taken away from the area. Consider additional breaks, regular short walks, provision of a stool or chair if appropriate. Consider additional breaks. Refer to H&S if a particular problem. Consider additional breaks. Review tasks; reduce lifting and carrying as far as possible. Consider assigning some duties to other employees. Refer to H&S if a particular issue. Review usual lone working policies, consider additional means for raising assistance if needed etc. Review working hours if indicated, consider whether work demands are excessive. Consider extra breaks in a cooler area if appropriate, ensure drinking water is available. Consider alternate duties if severe. Consider whether clothing is comfortable and appropriate, provide alternate style if necessary. Consider redeployment if suitable clothing cannot be provided. Consider redeployment if adequate toilet facilities are not available; consider whether a rest area is required. Fatigue and Fatigue is associated with Ensure that hours, volume and

8 Stress Shift work or Night working Extensive travelling Violence to Staff Evacuation of the Premises Notes: miscarriage, premature birth and low birth weight. Excessive physical or mental pressure may cause anxiety, stress and raised blood pressure. Pregnant workers may experience problems working at heights or in tightly fitting workspaces e.g.: it may be difficult for a pregnant employee to drive for long periods. pacing of work are not excessive and that, where possible, workers have some control over how their work is organized. Ensure that seating is available where appropriate and ensure the employee is not expected to either stand or sit on one position for long periods of time. Give longer or more frequent rest breaks. Adjust work stations or work procedures if needed. If the employee works at night, it may be appropriate to consider obtaining additional information on the suitability of continuing with night work from the Occupational Health provider contact Human Resources for further information. Fatigue may be an issue; nausea may be an issue in early pregnancy; carrying luggage maybe an issue on long trips; driving may be difficult in very late pregnancy due to the size of the bump. Potential miscarriages or premature birth or death of the foetus. Consider whether travel is appropriate; ensure rest time is built into schedules. Suitable risk assessments should take into account the potential for violence at work. Restrictions on some duties and possible team working should be considered. Also consider implementing any controls that may significantly reduce the risk. Re-assess building evacuation procedures for the employee s circumstances. Consider assigning another individual responsibility for assisting a pregnant employee to evacuate the building safely. Use the Supplementary Health Risk Assessment in Pregnancy Form for Maternity-related risks (Appendix 2) to record the findings from the risk assessment. Retain a copy for your own records and forward a copy to the Human Resources team. Also refer to the general Risk Assessment for the post, where one exists Ensure any identified recommendations are acted upon. Review the risk assessment at appropriate intervals, particularly if there is a change in either the employee s circumstances or the work environment and also when the employee returns to work after maternity leave.

9 Appendix 2 Health Risk Assessment in Pregnancy Name: Job Title: Department: Contact tel: Manager / Supervisor: How many weeks pregnant at the time of risk assessment: Are you planning to return to work within 6 months of having the baby: weeks YES / NO (Note further risk assessment is required for women who return to work within 6 months of the baby being born or if they return whilst still breast feeding) Employee Signature: Date: Line Manager Signature: (Line manager accepts responsibility for implementation of any control measure and for on - going review) Health and Safety Advisor / OH Advisor Signature: Human Resources Officer Signature: Date: Date: Date:

10 Does your job involve any of the following? Mark all that apply:- X = No / = Yes Please give details (to be completed by individual or by the Line Manager in discussion with individual) Work with any form of chemicals Work with micro organisms or infectious materials Vibrating Equipment Display Screen Equipment Loud noise Work in confined areas Work on slippery or wet surfaces Exposure to strong or unpleasant smells Prolonged sitting or standing Repeated sitting or stretching Lifting and carrying Working alone for long periods Shift work or night work Overtime Work in hot conditions Use of protective clothing or uniform Work without good access to toilet and rest facilities Violence to Staff Are there any other aspects of your job which you feel may cause risk for you or your baby? Control Measures Required (to be completed by Line Manager refer to H&S if unsure) Do you have any other particular concerns about your pregnancy which you would like us to be aware of?