Introduction

Employers are responsible for providing a safe working environment while effectively managing risks to the health and safety of all workers, including women of a childbearing age.

Under the Management of Health and Safety at Work Regulations (Northern Ireland 2000 )(external link opens in a new window / tab). The specific health and safety requirements relating to pregnant workers and new mothers are mainly contained in regulations 16 to 18.

  • regulation 16 requires employers to manage the risks to women of a childbearing age, pregnant workers and new mothers
  • regulation 17 covers advice from a doctor or midwife if night work will affect the health of pregnant workers and new mothers
  • regulation 18 explains employers' duties once notified a worker is pregnant, has given birth in the last six months or is breastfeeding

For more information please see the following link:

Individual Risk Assessment

As an employer, you must carry out an individual risk assessment for pregnant workers and new mothers. This applies to workers who:

  • are pregnant
  • have given birth in the last six months
  • are currently breastfeeding

Some working conditions and processes can potentially harm them and/or their child so you must assess and control the risks posed in each case.

This guidance applies to all new and expectant mothers. It’s important for employers to support them all equally. The legal protections outlined also apply to some transgender men, non-binary people and people with variations in sex characteristics, or who are intersex.

When a worker tells you they are pregnant

Once your worker has informed you in writing, you must complete an individual risk assessment and make any necessary changes to support them.

Gig economy, agency or temporary workers

If you employ gig economy, agency or temporary workers who are pregnant workers or new mothers, you will have duties under health and safety law.

For health and safety purposes, they should be treated no differently to other workers.

Risk assessment for pregnant workers and new mothers

You must, by law, assess the risks to women of childbearing age as part of your general workplace risk assessment.

You must also carry out an individual risk assessment, which covers your worker’s specific needs, when they have informed you in writing that they:

  • are pregnant
  • are breastfeeding
  • have given birth in the last six months

Complete an individual risk assessment for your worker

When you have been informed in writing, you must complete an individual risk assessment for them by:

  • reviewing your existing general risk management and controls for pregnant workers and new mothers
  • talking to them to see if there are any conditions or circumstances with their pregnancy that could affect their work
  • discussing any concerns, they have about how their work could affect their pregnancy
  • consulting with their safety representative or trade union if they have one

You must take account of any medical recommendations provided by their doctor or midwife.

Review the individual risk assessment

You must regularly review your worker’s individual risk assessment and make any necessary adjustments:

  • as the pregnancy progresses
  • if there are any significant changes to your workers' activity or workplace

Working conditions could present a risk to mother and/or child at different stages. As the pregnancy progresses, it may affect your worker’s:

  • dexterity
  • agility
  • coordination
  • speed of movement
  • reach

Record your findings and share these with your worker

Once you have completed the individual risk assessment, record your findings and share these with your worker and their safety representative if they have one.

It is important to explain how you will keep them and their child safe.

If you identify a significant risk

If you identify a risk that could cause harm to your worker or their child, you must firstly decide if you can control it.

If you cannot control or remove the risk, you must do the following:

1. Adjust the working conditions or hours to avoid the risk

If that is not possible:

2. Give them suitable alternative work

The Employment Rights (Northern Ireland) Order 1996 (legislation.gov.uk) states that suitable alternative work should be offered, where appropriate, before any suspension from work. This must be suitable and appropriate for the pregnant worker or new mother, and on the same terms and conditions, including pay.

For more information please see the following link:

If that is not possible:

3. Suspend your employee on paid leave for as long as necessary to protect their health and safety and that of their child under the Management of Health and Safety at Work Regulations (Northern Ireland 2000 )(external link opens in a new window / tab).

Further information on managing risk can be found at the following links:

Additional legislative requirements and protections

As well as health and safety law, pregnant workers and new mothers have other rights to include protection from discrimination when they are at work.

For further information on Northern Ireland specific pregnancy and maternity please refer to the following:

Working conditions and common risks

This section sets out some of the most common risks from working conditions for pregnant workers and new mothers. It is not a complete list – you must think about the specific hazards and controls your business needs.

Posture and position

Pregnant workers and new mothers could be more prone to injury, which may not become apparent until after birth.

Employers are required under the Manual Handling Operations (Northern Ireland) Regulations 1993. These regulations define manual handling as: “...any transporting or supporting of a load (including the lifting, putting down, pushing, pulling, carrying or moving thereof) by hand or bodily force”. 

The Regulations set out very clearly the approach employers must take when managing the risks associated with musculoskeletal disorders (MSDs).

Manual handling injuries are part of a wider group of musculoskeletal disorders (MSDs) covering any injury, damage or disorder of the joints or other tissues in the upper/lower limbs or the back.

Postural problems can occur at different stages of pregnancy, and on returning to work, depending on the individual and their working conditions.

You should make sure pregnant workers and new mothers are not:

  • sitting or standing for long periods
  • lifting or carrying heavy loads
  • using a workstation that causes posture issues

Further information on managing the risk can be found at:

Working conditions

Long hours, shift work and night work can have a significant effect on the health of pregnant workers, new mothers and their children. They may also be particularly vulnerable to work-related stressors.

Not all workers will be affected in the same way, but mental and physical fatigue generally increase during pregnancy and following birth.

You should assess the risks posed by:

  • work-related stress
  • long working hours and fatigue
  • temperature
  • noise

Further information on managing these risks can be found at:

Risk of physical injury

Some work carries the risk of physical injury, and the consequences for pregnant workers and new mothers can be more serious.

Check whether you need to provide extra control measures, for example to protect them when:

  • working at height
  • working alone
  • at risk of work-related violence
  • exposed to vibration

Further information on managing these risks can be found at:

Exposure to harmful substances

Many chemical and biological agents can cause harm to pregnant workers or new mothers. They can also be passed on to their child during pregnancy or breastfeeding.

These could include:

  • lead
  • radioactive material
  • toxic chemicals like mercury and pesticides
  • infectious diseases
  • antimitotic (cytotoxic) drugs

The Control of Substances Hazardous to Health Regulations (Northern Ireland) 2003 (COSHH) requires employers to ensure that risks from these hazardous substances are prevented or controlled.

Other special regulations cover hazardous substances including lead, asbestos, and radiation.

Further information and guidance relation managing these risks can be found at can be found at:

Personal protective equipment (PPE)

The Personal Protective Equipment at Wok Regulations (Northern Ireland) 1993 places a duty on Employers concerning the provision and use of personal protective equipment at work.

However, PPE is often not designed for pregnant workers.

Make sure any PPE you provide will be safe and comfortable for them to use, especially as their pregnancy progresses.

Consider measures to take if the PPE is no longer suitable, such as changing their work activity.

Further information can be found at:

Rest and breastfeeding at work

The Workplace (Health Safety and Welfare) Regulations (Northern Ireland) requires providing a suitable place for pregnant and breastfeeding workers to rest under regulation 25.

Further information can be found at the following link:

Pregnant workers and breastfeeding mothers are entitled to more frequent rest breaks. You should talk to them so you can agree the timing and frequency.

You must provide a suitable area where they can rest. It should:

  • include somewhere to lie down if necessary
  • be hygienic and private so they can express milk if they choose to – toilets are not a suitable place for this
  • include somewhere to store their milk, for example a fridge

Some work presents an extra risk for breastfeeding mothers and their children. This includes working conditions that could expose them to organic mercury, radioactive material or lead.

You need to consider these risks in your worker’s individual risk assessment for as long as they wish to continue breastfeeding.

Further information can be found at:

Night work

Pregnant workers and new mothers can work nights, provided the work involved presents no risk to the health and safety of them or their child.

However, you should offer suitable alternative day work, on the same terms and conditions, when:

  • your worker's individual risk assessment has identified a risk from night work
  • their doctor or midwife has provided a medical certificate stating they should not work nights

If it is not possible to provide alternative day work, you must suspend them from work on paid leave for as long as necessary. This is to protect their health and safety and that of their child.

Further information can be found at:

Key legislation

Please note that this link is to the original legislation. Visitors should verify for themselves whether legislation is in force or whether it has been amended or repealed by subsequent legislation.