MHSWR 1999 - New and Expectant Mothers (Regulations 16-18)
Protections for new and expectant mothers under the Management of Health and Safety at Work Regulations 1999, Regulations 16-18. Covers risk assessment, action hierarchy, and night work provisions.
Regulations 16-18 of the Management of Health and Safety at Work Regulations 1999 (MHSWR) provide specific protections for new and expectant mothers in the workplace. These regulations establish a hierarchy of protective measures employers must follow when work poses a risk to maternal or foetal health.
Definition - new or expectant mother
Pregnant employee, employee who has given birth within the previous 6 months, or employee who is breastfeeding
Notification trigger (Regulation 18)
Employer duties are triggered when the employee notifies the employer IN WRITING that she is pregnant, has given birth within the last 6 months, or is breastfeeding
Medical certificate requirement
No medical certificate or other evidence is required - removed by 2003 amendment to align with EU Pregnant Workers Directive
Generic risk assessment duty
Employers must include assessment of risks to women of childbearing age in their general risk assessments where the work could pose a risk to maternal or foetal health
Individual assessment duty
Once notified, employer must conduct a specific individual risk assessment for that employee's circumstances
Action hierarchy (Regulation 16(2)-(3)): Employers must follow a strict hierarchy of protective measures. They cannot skip straight to suspension - each step must be considered in order.
Step 1 - Adjust conditions
Temporarily adjust the employee's working conditions and/or hours of work to avoid the risk
Step 2 - Alternative work
If adjustment is not reasonable or would not avoid the risk, offer suitable alternative work on terms no less favourable
Step 3 - Suspension on full pay
If no suitable alternative work is available, suspend the employee from work on full pay for as long as necessary to protect her health and safety
Suspension pay entitlement
Suspension on full pay is linked to Employment Rights Act 1996 sections 66-68 - employee entitled to normal remuneration during suspension
Night work (Regulation 17): Special provisions apply where night work is certified as a risk.
Night work duty
If a doctor or registered midwife certifies in writing that night work would be a risk to health, employer must offer suitable day work
If no day work available
Suspend employee on full pay for as long as necessary to protect health and safety
Specific risks to assess: The HSE identifies workplace hazards that may particularly affect new and expectant mothers.
Physical hazards
Manual handling, prolonged standing, working at height, vibration exposure, temperature extremes (hot or cold environments)
Chemical hazards
Lead, mercury, pesticides, carbon monoxide, cytotoxic drugs, anaesthetic agents - check COSHH assessments
Biological hazards
Rubella, chickenpox, hepatitis B, HIV, Toxoplasma, Listeria, cytomegalovirus
Ionising radiation
Special dose limits apply to pregnant workers and breastfeeding mothers under Ionising Radiations Regulations 2017
Work-related stress
Including long hours, shift patterns, workload pressures, and job insecurity
Facilities
Suitable rest facilities must be provided for pregnant and breastfeeding women
Legal consequences: Failure to comply with these regulations may also constitute pregnancy discrimination under the Equality Act 2010, potentially leading to additional liability for the employer.
HSE - Protecting new and expectant mothers at work (opens in a new tab)
MHSWR 1999 Regulation 16 (legislation.gov.uk) (opens in a new tab)