Risk Assessments for pregnant workers
18/01/2010
In the case of O'Neill v Buckinghamshire County Council the Employment Appeals Tribunal decided for an employer to fall under a duty to conduct a risk assessment for a pregnant worker, the following 3 preconditions must be met :-
1. The employee must notify the employer that she is pregnant, in writing;
2. The work that the mother undertakes is of a kind which could involve a risk of harm or danger to the health and safety of the expectant mother or her baby; and
3. The risk arises from either processes, working conditions or physical, chemical or biological agents in the workplace.
Should these preconditions apply then an employer must undertake a risk assessment on the mother and supply her with comprehensive and relevant information on the identified risks or face claims for discrimination and potentially breach of health and safety. But this means that often the general obligation to undertake an assessment no longer applies, however it is recommended that employers continue to undertake a risk assessment in all cases for both safety and demonstrating to the mother that you are dealing with her pregnancy via best practice.
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