MHSWR Regs 16–18: HSE New and Expectant Mothers

Regulatory citation: Management of Health and Safety at Work Regulations 1999 (SI 1999/3242), regulations 16 to 18; Employment Rights Act 1996, sections 66 to 68; Workplace (Health, Safety and Welfare) Regulations 1992, regulation 25(4)

What Are the Rules for New and Expectant Mothers?

Regulations 16 to 18 of the Management of Health and Safety at Work Regulations 1999 (MHSWR) protect workers in Great Britain who are pregnant, have given birth within the previous six months, or are breastfeeding. The regulations call them new or expectant mothers. Giving birth includes a stillbirth after 24 weeks of pregnancy. Regulations 16A, 17A, 18A and 18AB apply similar protections to agency workers.

Why These Rules Matter

Some work hazards are more serious during pregnancy or breastfeeding. Examples include heavy lifting, long periods of standing, certain chemicals and biological agents, ionising radiation, extreme heat, and shift patterns that cause fatigue.

Core Obligations

1. Include New and Expectant Mothers in Risk Assessments (Regulation 16(1))

Where the workforce includes women of child-bearing age and the work could put a new or expectant mother or her baby at risk, the employer's general risk assessment under regulation 3 must cover that risk.

2. Assess Each Worker Once Notified

HSE guidance says that once a worker tells the employer in writing that she is pregnant, has given birth in the last six months or is breastfeeding, the employer must carry out an individual risk assessment. The findings should be recorded, shared with the worker and her safety representative, and reviewed as the pregnancy progresses. It does not have to be a separate document.

3. Remove the Risk in Order (Regulation 16(2) and (3))

If other control measures do not avoid the risk, the employer must alter her working conditions or hours of work, where that is reasonable and would avoid the risk. If that is not possible, she must be offered any suitable alternative work that is available, on terms not substantially less favourable than her usual terms. If there is no such work, she must be suspended for as long as needed to avoid the risk.

4. Pay During Suspension (Employment Rights Act 1996, Sections 67 and 68)

An employee suspended on maternity grounds is entitled to be paid during the suspension. She loses that right for any period in which she unreasonably refuses suitable alternative work.

5. Act on Night Work Certificates (Regulation 17)

If a new or expectant mother works at night and a registered medical practitioner or registered midwife certifies that she should not work nights for a stated period, the employer must suspend her from night work for that period, after first offering suitable alternative day work.

6. Understand the Notification Rule (Regulation 18)

The duties to alter conditions or suspend do not apply until the worker has told the employer in writing. The employer can ask for a certificate from a doctor or midwife confirming the pregnancy, and can stop the measures if one is not produced within a reasonable time.

7. Provide Rest Facilities (Workplace Regulations 1992, Regulation 25(4))

Suitable facilities must be provided for pregnant workers and nursing mothers to rest. HSE guidance says this should include somewhere to lie down if needed, and that toilets are not a suitable place to express milk.

Common Compliance Approaches

Use a Standard Assessment Template

Cover lifting, standing, chemicals, infections, temperature, working hours, travel and stress, and set a review date for each trimester and return to work.

Plan for Return to Work

Repeat the assessment when a worker returns while breastfeeding, and agree a private space and breaks for expressing milk.

Example: New and Expectant Mothers in Practice

A warehouse picker tells her manager in writing that she is pregnant. The manager reviews her job with her and finds frequent lifting of 15 kg cartons and long night shifts. The company moves her to lighter picking lines and day shifts, gives her extra breaks and access to a rest room with a couch, and agrees to review the assessment at 28 weeks. When a later stage of the pregnancy rules out warehouse work altogether and no suitable office role is available, she is suspended on full pay.

Related regulations: HSE Management Regulations 1999, HSE COSHH, HSE RIDDOR.

Note: This summary reflects the regulations as they apply in Great Britain, enforced by the Health and Safety Executive (HSE) and local authorities. Northern Ireland has equivalent but separate legislation. HSE guidance notes these protections can also apply to some transgender men, non-binary people and intersex people. Always check the current legislation and HSE guidance.

Frequently Asked Questions

Do I need a separate written risk assessment for a pregnant worker?

HSE guidance says you must carry out an individual risk assessment once you have been told in writing, record the findings and share them with her. It does not need to be a separate document from your general assessment.

What happens if there is no safe work for a pregnant employee?

If altering conditions or hours does not avoid the risk and no suitable alternative work is available, she must be suspended on full pay for as long as necessary.

How long do the protections last after birth?

They apply for six months after giving birth, and for as long as the worker is breastfeeding.