Reference: Version: Issue Date: Classification: Maternity Risk Assessment Advice for Managers. Document Control. Change History.

Transcription

1 Reference: Version No: Issue Date: Classification: Document Control Document Ref: Version: Revision due Date Created: Date Modified: Author: Alison McBride Sign & Date: HoS Sign & Date: Human Resources is responsible for reviewing and updating this procedure. Change History Version Date Description Change ID Linked Documents Reference Title Tier Maternity Leave and Pay Procedure 1 1 of 11

2 Contents 1. Purpose Applicability Roles & Responsibilities Overview Conducting a risk assessment for new / expectant mothers Avoiding exposure of new / expectant mothers to risks in the workplace Suitable alternative work Suspension of new / expectant mothers...6 Appendix 1 Guidance on Workplace Hazards and the Risk they pose to New and Expectant Mothers 2 of 11

3 1. Purpose 1.1. The purpose of these advice notes is to provide support to managers who are required to undertake risk assessments with a pregnant employee / new mother. 2. Applicability 2.1. These advice notes apply to all employees of West Berkshire Council. 3. Roles & Responsibilities 3.1. Line Managers are responsible for ensuring risk assessments are undertaken for all new and expectant mothers, once the employee has advised the 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 4.1. 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 (see WBC Risk Assessment Policy) therefore this maternityrelated 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 of 11

4 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 a suitable time to meet with the employee. In the case of an expectant mother, this should be as soon as possible after you receive written notification of the employee s pregnancy. Using the Guidance on Workplace hazards and the Risks they pose to New and Expectant Mothers (appendix 1), assess all aspects of the role with 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 risks are identified. Consult the Human Resources Recruitment and Information team if there is a need to find suitable alternative work. Review the 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. 6. Avoiding Exposure of New / Expectant Mothers to Risks in the Workplace 6.1. 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 4 of 11

5 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 (eg: manual handling duties) or providing aids to help with some duties 6.4. 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 Recruitment and Information 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 7.1. 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 Recruitment and Information 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 Recruitment and Information team. 5 of 11

6 7.5. 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 8.1. 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 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 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 a woman 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 (See Maternity Leave and Pay procedure) 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 (See Maternity Leave and Pay Procedure). 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 Recruitment and Information team who can provide 6 of 11

7 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. 7 of 11

8 Appendix 1 Guidance 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 also refer to the general Risk Assessment, undertaken when the employee started in the role, or refer to the Health and Safety team for further advice. Hazard Risk Avoidance Measure Legislation Shocks, vibration or movement Regular exposure may increase risk of miscarriage. May be increased risk of premature birth or low birth rate. Breastfeeding mothers are at no greater risk than other workers. Avoid work likely to involve uncomfortable whole body vibration or where abdomen is exposed to shocks or jolts. None specific Lifting, moving and handling of loads Pregnant workers are especially at risk as hormonal changes can affect ligaments and postural problems may increase as pregnancy progresses. There are possible risks for those who have recently given birth, especially after a Caesarean section. Breastfeeding mothers are at no greater risk than other workers Varies according to circumstances ; alter tasks to reduce risks, or address specific needs of the individual or provide aids to reduce risks. Consider assigning some duties to other employees. Management of health and Safety at Work Regulations 1999 Noise Extremes of heat and cold No specific risk, but prolonged exposure to high noise levels may lead to increased blood pressure and tiredness When pregnant, women tolerate heat less well and may more readily faint or be liable to heat stress. Breastfeeding may be impaired by dehydration. No specific problems from working in extreme cold. Pregnant women should avoid working in noisy environments for prolonged periods Avoid exposing pregnant women to periods of prolonged heat. If a pregnant woman does have to work in a hot environment, rest facilities and access to refreshments should be provided. MHSWR 1999 and Control of Noise at Work Regulations 2005 None specific 8 of 11

9 Hazard Risk Avoidance Measure Legislation Fatigue and Stress Fatigue is associated with 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 eg: it may be difficult for a pregnant employee to drive for long periods. Ensure that hours, volume and 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. None specific Night working 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 None specific Listeria In pregnant women it may terminate the pregnancy or damage the foetus Compliance with food hygiene guidance and universal personal hygiene precautions None specific Biological agents eg: Hepatitis B, HIV, herpes, tuberculosis, chickenpox, typhoid Many of these agents can affect the unborn child if the mother is infected during pregnancy. For most workers, the risk of infection is not higher at work than from living in the community, but exposure to infection is more likely in certain occupations eg: healthcare workers, social care workers, employees in contact with animals. Depends on the risk assessment. Control measures may include hygiene measures or use of vaccines. If there is a known high risk of exposure to a highly infectious agent, a pregnant worker should avoid exposure altogether General requirements of Control of Substances Hazardous to Health Regulations (COSHH) of 11

10 Hazard Risk Avoidance Measure Legislation Chemical agents eg: pesticides, benzene, mercury, lead Display Screen Equipment If a woman is likely to have exposure to any chemical agents during the course of her work, further advice should be sought from Health and Safety. There is substantial evidence supporting the case that there is no risk to a pregnant woman from radiation emissions from DSE. General requirements of Control of Substances Hazardous to Health Regulations (COSHH) 2002 Health and Safety (DSE) regulations 1992 Ergonomics Workplace design, layout of workstation and design of work equipment may affect the safety of pregnant workers. Consideration has to be given to the effects on the body eg: 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 eg: foot rest, back rest, document holder. Workplace (Health, Safety and Welfare) Regulations. Violence to Staff Potential miscarriages or premature birth or death of foetus Suitable risk assessments should take into account the potential for violence at work. High risk groups may include teachers, social care workers, customer services staff, housing staff, Environmental Health officers, Trading Standards officers etc. Restrictions on some duties and possible team working should be considered. Also consider implementing any controls that may significantly reduce the risk eg personal alarm, panic button. MHSWR of 11

11 Hazard Risk Avoidance Measure Legislation Lone Working Evacuation of the Premises WBC has a lone working policy and guidance. Please refer to this (available from Health and Safety or via the intranet ) and re-assess the risks associated with lone working for the employee s circumstances. 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. Notes: Use the Supplementary Risk Assessment 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 Recruitment and Information 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. Remember, if you are not able to eliminate a risk or reduce it to an acceptable level, it may be necessary to find suitable alternative work for the employee. If this is not possible, it may be necessary to suspend the employee. Refer to the Maternity Risk Assessment Advice Notes for Managers for further information. 11 of 11