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The Management of Health and Safety at Work Regulations 1999 give specific protection to new and expectant mothers: workers who are pregnant, have given birth in the last six months or are breastfeeding.
What the law requires
| Regulation | Requirement |
|---|---|
| 16(1) | Where the workforce includes women of childbearing age and the work could involve a risk to a new or expectant mother or her baby, the general risk assessment must include that risk. |
| 16(2) | If a significant risk is found, the employer must alter the working conditions or hours to avoid it. |
| 16(3) | If that is not reasonable or would not avoid the risk, she must be offered suitable alternative work, or suspended on full pay for as long as needed. |
| 17 | If a doctor or midwife certifies that night work would affect her health, she must be offered day work or suspended. |
| 18 | These duties apply once the worker has told the employer in writing that she is pregnant, has given birth in the last six months or is breastfeeding. |
The rights to alternative work and paid suspension come from the Employment Rights Act 1996. HSE advises reviewing the risk assessment for the individual once a worker tells you she is pregnant, and again as the pregnancy progresses and when she returns to work.
Common risks to consider
| Type | Examples |
|---|---|
| Physical | Manual handling, standing or sitting for long periods, work at height, vibration, noise, extreme heat |
| Chemical | Lead, mercury, some pesticides and medicines, carbon monoxide, substances marked with certain hazard statements on the safety data sheet |
| Biological | Infections such as rubella, chickenpox, toxoplasma and listeria, for example in healthcare, childcare and farming |
| Working conditions | Long hours, night work, lone working, stress, lack of rest facilities, workstations that no longer fit |
How to do it
- Talk to the worker. She knows how she feels and what parts of the job are becoming difficult.
- Review the existing risk assessment for her role against the risks above.
- Take account of any advice from her doctor or midwife.
- Decide on adjustments, such as fewer lifting tasks, more breaks, a seat, changed hours or avoiding certain substances.
- Record what was agreed and review it regularly, as needs change through pregnancy.
- Review it again when she returns to work, especially if she is breastfeeding.
Rest and breastfeeding facilities
The Workplace Regulations require suitable facilities for pregnant and breastfeeding workers to rest, ideally where they can lie down. A toilet is not a suitable place to express or store milk. HSE recommends a private, healthy and safe space to express milk and somewhere to store it, such as a fridge. Our guide to the Workplace Regulations covers welfare in general.
Display screen work
HSE says there is no evidence that display screen equipment itself harms pregnancy, but workstations may need adjusting as the pregnancy progresses to keep the worker comfortable.
Training that helps
Managers who carry out these assessments will find IOSH Managing Safely and NEBOSH Managing Risks give them a solid method, and the NEBOSH National General Certificate covers vulnerable workers in depth. Our risk assessment eLearning is a quick introduction for supervisors.
Frequently asked questions
Is a new and expectant mothers risk assessment a legal requirement?
Yes. The Management Regulations require employers to assess and act on risks to new and expectant mothers, once she has notified them in writing.
What happens if the risk cannot be removed?
The employer must alter her conditions or hours, offer suitable alternative work, or suspend her on full pay.
How long does a new mother count as a new mother?
For six months after giving birth, and for as long as she is breastfeeding.
Does a pregnant worker have to tell her employer?
She does not have to, but the specific duties only apply once she has told them in writing.
Read the source
The Management of Health and Safety at Work Regulations 1999, regulations 1, 16, 17 and 18; the Employment Rights Act 1996, sections 66 to 68; the Workplace (Health, Safety and Welfare) Regulations 1992, regulation 25; and HSE guidance on new and expectant mothers. Facts checked on 6 October 2026.
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