Workplace risk assessments for pregnant women

All employers have a duty to protect the health and safety of their employees and anyone else affected by their work. The Management of Health and Safety at Work Regulations 1999 include specific rules for workers who are pregnant, have given birth in the last six months or are breastfeeding.

The Health and Safety Executive (HSE) publishes guidance on how employers should meet these duties, and the rules apply in the same way in Scotland and England.

The general risk assessment

Every employer must carry out a general risk assessment of its workplace. Where you employ women of childbearing age and the work could involve a risk to a new or expectant mother or her baby, that assessment must consider those risks. Risks can come from processes, working conditions, or physical, chemical or biological agents.

You should do this as part of your normal risk assessment, rather than waiting until someone tells you they are pregnant. Review it if you have reason to think it is no longer valid or if there has been a significant change in the work.

The individual risk assessment

Once a worker tells you in writing that she is pregnant, has given birth in the last six months or is breastfeeding, you should carry out an individual risk assessment for her. It should look at the risks identified in your general assessment and consider her particular job, circumstances and needs.

When carrying out the assessment:

• speak to the employee about her role and any health concerns that might affect her work
• take account of any advice from her doctor or midwife that she shares with you
• involve your health and safety representative or trade union representative, if you have one
• record the findings and share them with the employee

Failing to carry out a proper assessment can put the employee and her baby at risk, and it may also lead to a claim for pregnancy and maternity discrimination.

What should the assessment cover?

The assessment should set out the risks to the employee and how they will be removed or reduced. The risks depend on the job, so a worker in a factory or a hospital may face very different hazards from someone working in an office. Common areas to consider include:

• Posture and movement: standing or sitting for long periods can cause discomfort and strain, and the effects may continue after the birth.
• Manual handling: lifting, carrying, pushing or pulling heavy loads can cause injury and should be avoided or reduced.
• Working hours: night work, shift work and long hours can increase fatigue, which is common during pregnancy and after giving birth.
• Hazardous substances: some chemicals and biological agents can harm a pregnant worker or her baby, and some can pass to a baby through breastfeeding. Good ventilation and limiting exposure may be needed.
• Temperature and environment: working in excessive heat or cold, or in poorly ventilated areas, can lead to fainting or dehydration.
• Personal protective equipment: check that any equipment still fits and is safe and comfortable as the pregnancy progresses.
• Stress and workload: consider whether deadlines, targets or travel need to be adjusted.

This list is not complete. Keep in touch with the employee throughout her pregnancy and after she returns to work so that any new concerns are picked up.

You must also provide suitable facilities for pregnant and breastfeeding workers to rest, including somewhere to lie down if needed. If a worker gives you a medical certificate saying that night work could affect her health, you must offer suitable day work or, if that is not possible, suspend her on full pay.

What to do if you find a significant risk

If the assessment identifies a significant risk, you must take the following steps, in order:

1. Remove the risk or reduce it, for example by adjusting the employee’s working conditions or hours.
2. If that is not possible, offer suitable alternative work on the same terms and conditions, including pay.
3. If there is no suitable alternative work, suspend the employee on full pay for as long as necessary to protect her health and safety and that of her baby.

Pregnancy-related sickness absence should be recorded separately and should not count towards absence management triggers or be used in decisions about performance, promotion or redundancy.

Keep the assessment under review

Review the individual assessment as the pregnancy progresses, when the employee returns to work after the birth, and while she is breastfeeding, as well as whenever her work or workplace changes significantly.

Related rights for pregnant employees

A risk assessment is only one part of supporting a pregnant employee. She also has a right to paid time off for antenatal care, which we explain in our article on time off for antenatal appointments, and her partner may be entitled to time off too, as set out in our article on partners attending antenatal appointments.

Since 6 April 2024, pregnant employees and those returning from maternity leave have also had extended protection in a redundancy situation, and the Employment Rights Act 2025 is expected to strengthen protection against dismissal for pregnant workers and new mothers from 2027.

If you would like help with a pregnancy risk assessment or a related employment issue, our advice for employers can help. You can also book a free 30-minute consultation or call 0141 471 9166.