NEW AND EXPECTANT MOTHERS AT WORK RISK ASSESSMENT POLICY

Transcription

1 NEW AND EXPECTANT MOTHERS AT WORK RISK ASSESSMENT POLICY Version Author Date Comments Approved by V1.0 Susan Clarke Minor amendments made section 3 and risk assessment template appendix 2 Health and Safety Sub- Group V Final Draft APPROVED Quality and Risk Committee

2 EQUALITY IMPACT ASSESSMENT This document has been assessed for equality impact. This Consent to Examination and treatment policy is applicable to every member of staff within the CCGs irrespective of their race, ethnic origin, nationality, gender, culture, religion or belief, sexual orientation, age or disability. Reader information Reference Version Title Authors/minated Lead HS003 V1.1 New and Expectant Mothers at Work Risk Assessment Policy Sue Clarke, Governance Officer ttingham West CCG Approving Committee Quality and Risk Committee Approval Date 21 January 2015 Review Date Groups/Staff Consulted January 2016 CCG Health and Safety Leads Staff Consultation NNE, NW, Rushcliffe CCGs Target audience Circulation list Associated documents Superseded documents Sponsoring Director All South ttinghamshire CCGs Staff All South ttinghamshire CCGs Staff South ttinghamshire CCGs: Health and Safety Policy Maternity, Paternity, Adoption and Parental Leave Policy N/A Director of Nursing, Quality and Patient Safety 1

3 Section CONTENTS Page 1. Introduction 3 2. New and Expectant Mothers 3 3. Manager s Responsibilities: 3.1 Stage One (Managers Must) 3.2 Stage Two 3.3 Action after Risk Assessment Employers Exemptions Occupational Health 6 6. Breastfeeding 6 7. Facilities 6 8. Manual Handling 6 9. Further Reading Reference Documents 6 Appendices: 1. Guidance for Carrying out Risk Assessments 7 2. Assessment of Risks at Work Document Precautions and Control Measures to Eliminate, Reduce or Control Identified Hazards 10 2

4 1. Introduction The law requires every employer to assess the workplace risks for all their employees, and take practical action to control those risks under the Management of Health and Safety at Work Regulations The Regulations require employers to take particular account of risks to new and expectant mothers. The CCG, through its managers and the nominated Health & Safety Lead, must identify hazards in the workplace that could pose a health or safety risk to new and expectant mothers and take appropriate action to remove or reduce the risk. The definition of a new or expectant mother is someone who is pregnant, has given birth within the previous six months, or is breastfeeding. In assessing risks, consideration must be given to the health of both the mother and the unborn/newly born child. This document forms part of the South ttinghamshire Clinical Commissioning Groups (CCGs ) Health and Safety Policy framework. This Policy compliments the South ttinghamshire CCGs Human Resources Maternity, Paternity, Adoption and Parental Leave Policy and documentation from the risk assessment should be filed in the employees personal file, along with all other forms and records from both of these Policies. 2 New and Expectant Mothers The Management of Health and Safety at Work Regulations 1999 impose provisions relating to pregnant women, women who have recently given birth or who are breastfeeding (new and expectant mothers). The expectant mother must inform her Line Manager either verbally or in writing that she is pregnant. Her Manager can ask for written medical evidence to confirm this and the employee is obliged to provide it. The reason for this is so that the CCG can carry out a specific risk assessment for the employee. Pregnant workers must be referred to Occupational Health by their Line Manager if there are any issues or concerns regarding their health following completion of the pre and post-natal risk assessment. Depending on the nature and extent of risk experienced by the pregnant worker, Occupational Health may recommend that the employee be given paid leave. On return to work staff must again be seen by Occupational Health before they recommence work, or during that same week. This is to allow Managers to carry out a specific risk assessment for the employee. The Provisions include extending the risk assessment required under Regulation 3(1) to women of child bearing age or to new or expectant mothers where they may be exposed to any process, working condition or physical, chemical, biological agent which may adversely affect their health and safety and/or that of their baby. 3

5 3. Manager s Responsibilities Managers should take action to ensure that their workers who are, or in the future could be, a new or expectant mother will not be exposed to any significant risk. The following should be actioned: On learning of a staff member s pregnancy. The employee s Line Manager, or nominated Health & Safety lead will need to carry out with the employee, a health and safety working environment assessment of risks at work and follow the Guidance at Appendix 1. The Risk Assessment of New and Expectant Mothers at Work form for completion is at Appendix 2. The form completed and signed should be retained on the staff member s personal file Line Manager to refer staff to Occupational Health for discussion if any potential high risk to the mother or baby is identified. There are two assessment stages the CCG must take: 3.1 Stage One Managers must: Look for hazards and risks in relation to pregnancy and nursing mothers Decide if other and/or unborn child might be harmed and how Consult employees and inform them of any risks identified Inform employees that it is important for them to provide written notification that they are pregnant or breastfeeding as early as possible. Flow Chart Are there any hazards present? Inform employees of outcome Yes Assess risks, reduce or remove if possible Inform workers of the risk and the need to notify you of pregnancy or if they are breastfeeding or have given birth in the last six months 3.2 Stage 2 Managers should arrange to conduct a specific risk assessment on receipt of written notification of an employee that she is pregnant, has given birth in the past six months or is breastfeeding. This must take into account any advice provided by the woman s health professional and or Occupational Health. If any risks are identified then Managers must take action to remove, reduce or control the risk. 4

6 Flow Chart Has a risk been identified? Yes Can the risk be removed? Yes Remove risk Monitor and review Can the working conditions/hours of work be adjusted? It may be necessary to offer paid leave to protect from hazards identified on Pre & Postnatal risk assessment. Also refer to HR Maternity, Paternity, Adoption and Parental Leave Policy Can she be given suitable alternative work? Yes Give suitable alternative work on same terms and conditions 3.3 Action after Risk Assessment If, after taking whatever action is reasonable, there is still a significant risk which goes beyond the level of risk to be expected outside the workplace, then the CCG must take the following steps to remove the employee from that risk: Temporarily adjust working conditions or hours of work If that is not possible or would not avoid the risk, then offer alternative work, or working arrangements, if any is available. If either of the above is possible, give paid leave from work for as long as is necessary to protect the health and safety of the mother and child. If a new or expectant mother works at night and has a medical certificate stating that night work could adversely affect her health or safety, then she should either be offered daytime work, if available, or if that is not reasonable, be given paid leave for as long as is necessary to protect her health and safety (Refer to the CCGs Human Resources Maternity, Paternity, Adoption and Parental Leave Policy). 4. Employer Exemptions The employer/manager is also exempted from maintaining any of the actions detailed above where the employee has not provided verbal or written notification of her condition or has failed to produce a certificate signed by a registered medical 5

7 practitioner or midwife within a reasonable time of being requested to do so by her Line Manager. The above exemption also applies where the employer knows the woman is no longer pregnant, or cannot establish whether she remains so. 5. Occupational Health Where the individual is experiencing health problems then the Occupational Health Department should be contacted. The Line Manager should advise the employee that she is being referred to Occupational Health for further advice and guidance regarding the impact of their health. Occupational Health should also be sent a copy of the pre and post-natal risk assessments. 6. Breastfeeding It is for the mother to decide how long she wishes to breastfeed and returning to work does not mean that has to stop. On returning to work she should provide her line Manager with written notifications that she is breastfeeding. Ideally she should do this before returning to work. The line Manager must then carry out a specific risk assessment. Where employees continue to breastfeed for many months after the birth, the Manager will need to regularly review the risks. 7. Facilities Many pregnant women feel tired and need to rest. Managers must provide suitable facilities for pregnant and breastfeeding mothers to rest. Where necessary this should include somewhere for the employee to lie down. Although not a legal requirement, employers are encouraged to provide a healthy, safe and private environment for nursing others to express and store milk. This could be provided in suitable rest facilities. The risk assessment process would highlight the lack of adequate facilities for this purpose. 8. Manual Handling The CCG should reduce risks from manual handling by reducing the amount of physical work or providing aids. A sensible risk assessment has to take note not only of the hazard but how serious it is and how likely it is that it will affect the particular individual. 9. Further Reading Reference Documents HSE website on Health and Safety for new and expectant mothers: South ttinghamshire Clinical Commissioning Groups (SNCCG) Health and Safety Policy 6

8 Appendix 1 NEW AND EXPECTANT MOTHERS AT WORK GUIDANCE FOR CARRYING OUT RISK ASSESSMENTS On being advised by the employee that she is pregnant, or returning to work following the birth of a baby, the Line Manager or nominated Health & Safety Lead must meet with the employee to carry out a Health & Safety Risk Assessment. The Line Manager/Health & Safety Lead must: 1. Request that the employee confirm her pregnancy and expected period of confinement/length of time at work in writing. 2. Complete the Risk Assessment at Appendix 2. This is not an exhaustive list and other identified potential hazards should be added and numbered appropriately. 3. Evaluate each risk to health in terms of Nil, Low, Medium or High by entering 0, 1, 2, or 3 in the Risk Level column. 4. Record all risks, precautions and control measures required to eliminate, reduce or control the potential hazard (Appendix 3). 5. Risks identified as Medium or High must be evaluated by the line Manager in the Assessment section above. If either of the risks cannot be reduced further by additional precautions, the following shall apply: a) Medium risk consideration should be given to remove the pregnant employee from risk b) High risk pregnant employee must be removed from the risk. 6. The completed form must be signed and dated by the Risk Assessor and if different shared with the Line Manager. 7. The completed forms must be discussed by the Line Manager with the pregnant employee and she should also sign and date the forms in recognition of the requirements of the assessment. 8. The completed Expectant Mothers Risk Assessment form must be retained in the employee s personal file. A copy should be forwarded to Occupational Health for information. 9. Information available to assist with completion of an Expectant Mothers Risk Assessment can be obtained from Occupational Health. 10. The Risk assessment should be reviewed monthly. 7

9 Appendix 2 New and Expectant Mothers Assessment of Risks at Work Date Review Date Name and job role of person being assessed Name of Assessor Consideration should be given to the following work related conditions and demands and discussed between manager and the individual as to if and how they may have an effect. A Risk Level Rating of 2 or 3 (Med-High) will require a more detailed assessment to be documented (Appendix 3) with a detailed description of the hazard, existing controls in place and any additional measures to be taken YES NO Risk Level 0,1,2,3 NEM1 NEM2 NEM3 NEM4 NEM5 NEM6 NEM7 NEM8 NEM9 NEM10 NEM11 NEM12 NEM13 NEM14 Does the work normally involve Lifting /Pushing heavy objects i.e. people, equipment etc? Does the work normally involve standing /squatting for long periods? Does the work normally involve a lot of walking? Does the work normally involve climbing steep stairs/steps? Does the work normally involve the need to enter confined spaces? Does the job involve meeting challenging deadlines? Does the job involve rapidly changing priorities and demands? Does the job involve a high degree of concentration? Can the worker participate in discussions about the pace of work? Does the work involve dealing with emergencies? Does the worker have the opportunity to discuss concerns at any time with their manager Will any task be made more hazardous to the worker s changing shape and size? Are there any obstacles in place of work that could cause problems for pregnant workers in the event of emergency evacuation? Does the job involve any home working? 8

10 NEM15 NEM16 NEM17 NEM18 NEM19 NEM20 NEM21 NEM22 NEM23 NEM24 NEM25 NEM26 NEM27 NEM28 NEM29 NEM30 NEM31 NEM32 Does the job involve dealing with members of the public? If so does it involve dealing with distressed or disturbed people? Does the job involve contact with young children or sick people? Have emergency procedures (with regard to the pregnancy) been considered and documented? Does the job involve working alone or working in isolated conditions? Does the job involve unpredictable working hours? Are toilet facilities accessible to a pregnant worker? Can the worker take toilet breaks when necessary? Is there any other form of indoor air pollution e.g. fumes, dust, etc.? Is the temperature in the working environment comfortable? Will there be enough room for the worker to get in/out of workstation as the pregnancy develops? Are there any slips, trips or falls hazards in the place of work? Does the worker have an adjustable seat with a backrest? Does the work involve working with chemicals? Is there any exposure to vibration e.g. by the use of hand tools? Does the worker need to wear any personal protective clothing? If yes will this present a problem as the pregnancy develops? Are there any specific medical needs or conditions that the employer should consider? THIS ASSESSMENT MUST BE REVIEWED REGULARY THROUGHOUT THE PREGNANCY Once completed, a copy of Appendix 2 should be retained by the employee and line manager. Further Guidance Web Link Signature: Date: Signature: Date: 9

11 Appendix 3 NEW AND EXPECTANT MOTHERS AT WORK Precautions and Control Measures to Eliminate, Reduce or Control Identified Hazards Risk NEM Hazard/Risk Identified (including any not listed at Appendix 2) Pregnant Employee at Risk Recent Birth Breast Feeding Precautions/Control Measures In place Additional Precautions/Control Measures Required Name of person being Assessed: Signature: Date: Name of Assessor: Signature: Date: 10