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H&S Compliance Framework

New and Expectant Mothers at Work:
The H&S Compliance Framework UK Employers Must Meet

Regulation 16 MHSWR. Risk assessment. Hierarchy of control. Chartered consultants.

Under Regulations 16-18 of the Management of Health and Safety at Work Regulations 1999, UK employers have specific legal duties towards new and expectant mothers: pregnant workers, workers who have given birth in the previous six months, and breastfeeding workers. These are distinct from (and additional to) employment law duties on maternity rights and pregnancy discrimination. Arinite’s Chartered consultants deliver the specific H&S compliance framework: individual risk assessment, the Regulation 16 hierarchy of control (avoid, alter, alternative work, suspend on full pay), night work provisions under Regulation 17, documentation, and return-to-work and breastfeeding support.

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COVERAGE

Who Counts as a New or Expectant
Mother Under UK Law?

Regulation 1(2) of the Management of Health and Safety at Work Regulations 1999 defines three distinct groups:

1

Pregnant workers

From the moment the employer is notified in writing of the pregnancy.

2

Workers who have given birth in the previous six months

Including those whose baby did not survive.

3

Workers who are breastfeeding

With no time limit; duties continue for as long as breastfeeding continues.

Written notification is important. The specific Regulation 16 duties are triggered when the worker notifies the employer in writing. Employers cannot be expected to have formally applied these regulations before notification. However, general duties under Section 2 of HSWA 1974 apply to all workers regardless, so employers should respond reasonably to disclosed pregnancy even when formal written notice has not yet been given.

The duty extends to all types of worker: permanent employees, fixed-term employees, part-time employees, and (in many practical contexts) agency workers working at the organisation’s premises.

LEGAL FRAMEWORK

The Legal Framework for Protecting New and
Expectant Mothers at Work

Multiple UK legal frameworks apply in parallel. Full framework in our health and safety legislation guide.

1

Management of Health and Safety at Work Regulations 1999 (MHSWR)

The primary H&S framework. Regulation 3: general risk assessment duty including risks to women of childbearing age. Regulation 16: specific individual risk assessment and hierarchy of response. Regulation 17: night work restrictions. Regulation 18: notification triggers.

2

Health and Safety at Work etc. Act 1974

General employer duty under Section 2 applies to all workers including new and expectant mothers. Section 3 covers risks to persons not in the employer’s employment.

3

Workplace (Health, Safety and Welfare) Regulations 1992

Regulation 25 requires suitable rest facilities for pregnant and breastfeeding workers. "Suitable" means a place where the worker can lie down if needed, not just a seat in a general break area.

4

Equality Act 2010

Pregnancy and maternity is a protected characteristic under Section 4. Section 18: direct pregnancy and maternity discrimination during the "protected period." Protection from harassment related to pregnancy and maternity.

5

Maternity and Parental Leave etc. Regulations 1999

Establish statutory maternity leave rights and the right to return to the same job (or suitable alternative).

6

Employment Rights Act 1996

Sections 66-70: specific rights during pregnancy and maternity suspension including the right to be paid full pay during suspension on maternity grounds under Section 68.

7

Pregnant Workers Directive 92/85/EEC

Retained in UK law post-Brexit. The foundational EU directive from which the MHSWR provisions derive. Provides the minimum standards UK law must meet.

8

Protection from Redundancy (Pregnancy and Family Leave) Act 2023

In force from 6 April 2024. Extends redundancy protection for pregnant workers and those on maternity leave to cover the period from notification of pregnancy until 18 months after birth.

9

HSE Guidance INDG373

HSE’s "New and Expectant Mothers at Work: A Guide for Employers" provides the practical framework most UK employers use as the working reference. Not legally binding but widely cited as the recognised standard.

RISK ASSESSMENT

The Regulation 16
Risk Assessment

A specific, individual, written assessment triggered by the worker’s notification. Not a generic "pregnancy policy" or the general workplace risk assessment unamended. See our health and safety audit service.

Two-Stage Duty

1

Stage 1: Generic assessment under Regulation 3

Every employer’s general workplace risk assessment must consider risks to women of childbearing age who could become pregnant. This is a standing obligation, not dependent on any individual notification. Risks to reproductive health (specific chemicals, radiation, biological agents) must be identified at this stage.

2

Stage 2: Individual assessment under Regulation 16

When a worker notifies in writing, the employer must conduct an individual risk assessment specifically for that worker covering her specific role, working conditions, and circumstances.

Written Documentation Must Include

1

The specific risks identified

2

The evaluation of each risk in the context of the worker’s situation

3

The control measures in place or being implemented

4

The review timeline (pregnancy-related risks change across trimesters)

5

The next review date

Risks change. Early pregnancy differs from late pregnancy. Postnatal differs from breastfeeding. The assessment must be reviewed: at significant points in pregnancy (typically each trimester), when work conditions change, when the worker’s health changes, at return to work after maternity leave, and when breastfeeding status changes.

SPECIFIC RISKS

Specific Risks for New
and Expectant Mothers

HSE guidance identifies several hazard categories warranting specific attention. Relevance depends on the specific role and workplace. See manual handling, COSHH, and lone working guides.

Physical Hazards

  • •Manual handling: increased injury risk due to postural changes, joint laxity, and balance changes
  • •Awkward postures and confined spaces: progressively affected by pregnancy
  • •Static postures: prolonged sitting or standing contributing to circulatory issues
  • •Vibration: whole-body vibration may pose risks to lumbar spine and abdomen
  • •Noise: extreme exposure linked to fetal hearing development concerns
  • •Extreme temperatures: both heat and cold present pregnancy risks
  • •Lone working: elevated risk from rapid-onset medical emergencies

Biological Hazards

  • •Infectious diseases: rubella, chickenpox, CMV, toxoplasmosis, listeriosis, COVID-19
  • •Blood-borne viruses: hepatitis B, hepatitis C, and HIV through occupational exposure

Chemical Hazards

  • •Reproductive toxins: substances with H360, H361, H362 hazard statements
  • •Lead: specific statutory protections under Control of Lead at Work Regulations 2002
  • •Mercury: particular concern for neurological development
  • •Volatile organic compounds and solvents
  • •Anaesthetic gases: relevant in healthcare, dentistry, and veterinary settings

Radiation

  • •Ionising radiation: stricter limits under Ionising Radiations Regulations 2017 for pregnant workers
  • •Non-ionising radiation: high-frequency electromagnetic fields in specific roles

Ergonomic and Work Organisation

  • •Long working hours combined with physical demands
  • •Night work: Regulation 17 provides specific protection
  • •Shift patterns: rotating and unpredictable shifts affecting rest and medical appointments
  • •Work intensity: work that cannot be interrupted for rest breaks or toilet access
  • •Psychosocial stress: pregnancy is itself stressful; occupational stress adds cumulative risk. See stress and mental health.

Postnatal-Specific Risks

  • •Recovery from delivery (potentially including caesarean)
  • •Physical demands that may have changed during pregnancy leave
  • •Breastfeeding arrangements
  • •Emotional transition back to work

Breastfeeding-Specific Risks

  • •Chemicals or substances that transfer through breast milk
  • •Physical access to clean, private, suitable facilities for expressing milk
  • •Time and work pattern flexibility for breastfeeding or expressing breaks
HIERARCHY OF RESPONSE

The Regulation 16 Hierarchy:
Avoid, Alter, Alternative, Suspend

When the individual risk assessment identifies risks, Regulation 16 imposes a strict hierarchy. Employers must work through the options in order.

1

Step 1: Avoid the Risk

Adjust the task to eliminate the hazard, temporarily remove the specific high-risk element, or apply enhanced controls that reduce risk to negligible level. Preferred because it retains the worker in her substantive role.

2

Step 2: Alter Working Conditions or Hours

Reduce or adjust working hours, remove specific shifts, adjust the physical workplace, change work pace or sequence, adjust break patterns, or provide additional resources.

3

Step 3: Offer Suitable Alternative Work

If available and appropriate. Must be suitable to the worker’s capabilities, on terms not substantially less favourable, and offered for as long as necessary. Not required to be identical but must be comparable in status and terms.

4

Step 4: Suspend on Full Pay

Last resort only. Suspension on maternity grounds under Sections 66-68 ERA 1996. Full normal pay continues. The worker is not required to attend work. The suspension ends when the risk ends.

The Most Common Mistake

The most common employer mistake is skipping Steps 1-3 and jumping directly to suspension because it feels "safe." This fails Regulation 16, potentially constitutes pregnancy discrimination under the Equality Act, creates unnecessary cost, and significantly impacts the worker’s experience.

The “Suitable” Test for Alternative Work

  • •Whether the work is within the worker’s skills and capabilities
  • •Whether the physical demands are appropriate
  • •Whether the location and hours are practical
  • •Whether the status and terms are equivalent
  • •Whether the work is genuinely needed (not make-work invented to avoid suspension)
NIGHT WORK

Night Work Restrictions
Under Regulation 17

Regulation 17 MHSWR provides specific protection for pregnant workers and new mothers whose role involves night work.

The Trigger

If a new or expectant mother works at night, and a medical practitioner or registered midwife has provided a certificate stating that night work could be harmful, Regulation 17 applies.

The Employer Duty

1

Offer suitable alternative day work for as long as necessary

2

If suitable alternative day work is not available, suspend the worker from work with full pay

Scope: Night work is work during a period of not less than seven hours which includes the hours between midnight and 5 am (following the Working Time Regulations 1998 definition).

Sectors affected: Common sectors affected include healthcare (shift-working nurses, junior doctors, care workers), retail and hospitality (evening and overnight shifts), manufacturing and distribution (24-hour operations), and security services.

The Regulation 17 duty is triggered only by a certificate from a medical practitioner or registered midwife. Informal concerns, while worth addressing through Regulation 16, do not trigger Regulation 17 without the certificate.

DOCUMENTATION

Communication, Documentation,
and Consultation

The legal duty is not discharged by risk assessment and response alone.

Communication with the Worker

1

Confirmation that the employer has received the notification and will conduct the risk assessment

2

Joint discussion of the worker’s specific role, circumstances, and medical advice received

3

Explanation of identified risks and control measures proposed

4

Written copy of the assessment provided to the worker

5

Clear communication of any changes to role, hours, or working conditions

6

Named contact for questions or updates during pregnancy

7

Review schedule and who will initiate reviews

Manager Training — see H&S training

1

The Regulation 16-18 framework and hierarchy

2

The distinction between H&S duties and employment rights

3

How to handle notification sensitively

4

The risk assessment process

5

Avoiding pregnancy-related assumptions

6

Confidentiality and disclosure boundaries

7

Escalation routes for complex situations

Breastfeeding Facilities (Regulation 25)

  • •A private, clean, quiet space (not a toilet) for expressing milk
  • •A secure refrigerator for storing expressed milk
  • •Time and flexibility in the working day for breastfeeding or expressing breaks
BY SECTOR

Risks and Compliance
by Sector

Risk profiles for new and expectant mothers vary significantly by sector.

1

Office-Based Professional Services

Low-risk baseline but specific issues: prolonged sitting, ergonomic workstation assessment (DSE Regulations), stress, and lone working.

2

Healthcare

One of the highest-risk sectors. Biological exposure (infectious diseases, blood-borne viruses), manual handling (patient handling), chemical exposure (medications, cleaning agents, anaesthetic gases), radiation (radiography, oncology), violence (A&E, mental health), night and shift work.

3

Care Homes and Social Care

Manual handling (resident transfers), biological exposure, lone working (community care), emotional demands, and night/shift work. Manual handling risk profile frequently triggers role adjustment under Regulation 16.

4

Manufacturing and Production

Chemical exposure, manual handling, vibration, noise, ergonomic issues, and machinery-related risks. Lead-using industries have specific statutory protections under Control of Lead at Work Regulations 2002.

5

Laboratory and Research

Chemical exposure (including reproductive toxins), biological hazards, radiation, and ergonomic issues with pipetting and microscope work. Often requires laboratory safety officer input.

6

Retail and Hospitality

Standing for extended periods, manual handling (stock), customer-facing stress, violence and aggression (late shifts), and shift patterns including night work triggering Regulation 17.

7

Construction and Field Work

Significant adjustments typically needed. Site environments (noise, dust, vibration, hazardous materials) often incompatible with continued pregnancy exposure. Alternative site-based or office-based roles common.

8

Education

Noise levels in primary education, potential infection exposure (CMV, rubella), physical demands (early years and SEND settings), stress, and workload.

9

Emergency Services

Physical demands, exposure to traumatic incidents (psychosocial impact), shift work, occasional violence risk. Specific role adjustments typically available.

10

Creative and Media

Office-based baseline with specific considerations: travel for production or events, long hours during deadlines, and occasional exposure to chemicals in technical roles.

COMPLIANCE GAPS

Common Compliance Gaps
for UK Employers

UK employers routinely fail new and expectant mothers compliance in predictable ways.

1

No Regulation 3 generic assessment covering reproductive risks. The general workplace risk assessment fails to consider risks to women of childbearing age.

2

No written Regulation 16 individual assessment following notification. Informal discussions occur but no specific written assessment is produced.

3

Risk assessment is the general workplace assessment with a cover page changed. Does not satisfy Regulation 16.

4

Suspension-first response. Employers jump to Step 4 without properly considering Steps 1-3. Fails the hierarchy and may constitute pregnancy discrimination.

5

Alternative work offered is obviously unsuitable. Clear demotion, geographically unreasonable, or obvious make-work fails the suitability test.

6

No Regulation 17 consideration where night work is involved. Night work treated as just another shift pattern without specific analysis.

7

No communication of the assessment to the worker. Assessment exists on file but never formally communicated.

8

Line manager handles it alone without competent H&S support. Well-meaning but untrained managers frequently err.

9

Confidentiality breaches. Pregnancy disclosed to colleagues without the worker’s consent. Creates separate Equality Act risk.

10

No review through pregnancy progression. Single assessment at notification never reviewed as pregnancy progresses.

11

Breastfeeding facilities inadequate or absent. No suitable private space, no refrigeration, no accommodation in the working day.

12

Failure to update assessment at return to work. No fresh assessment reflecting postnatal circumstances.

13

No record retention through applicable limitation periods.

Arinite’s compliance support addresses each of these gaps as part of standard engagement.

HOW WE HELP

How Arinite Delivers New
and Expectant Mothers Compliance

Arinite’s Chartered consultants integrate new and expectant mothers compliance into the wider H&S programme. Delivered by Chartered consultants as part of outsourced health and safety.

1

Regulation 3 generic assessment review

The general workplace risk assessment is reviewed and updated to ensure it explicitly considers risks to women of childbearing age.

2

Regulation 16 individual assessment support

Site visit where required, worker interview, specific hazard analysis, written assessment documentation, and the full Regulation 16 hierarchy analysis.

3

Sector-specific expertise

Higher-risk sectors (healthcare, manufacturing, laboratory, emergency services) receive specialist input. Coordination with occupational health where required.

4

Regulation 17 night work analysis

Where night work is in scope, dedicated Regulation 17 analysis including alternative day work feasibility.

5

Manager briefing and training

Line manager training on the Regulation 16-18 framework, hierarchy of response, avoiding common mistakes, confidentiality, and escalation.

6

Policy and procedure development

Written policy covering notification process, assessment workflow, manager responsibilities, escalation routes, and breastfeeding arrangements.

7

Breastfeeding facility review

Assessment of existing facilities against Regulation 25 expectations; specification of improvements where required.

8

Return-to-work assessment

Fresh Regulation 16 assessment at return from maternity leave, reflecting changes to role, workplace, or worker circumstances.

9

Documentation and record management

All assessments, reviews, and communications maintained in Arinite's health and safety software platform with appropriate retention.

10

Integration with wider H&S programme

New and expectant mothers compliance integrated into the overall MHSWR compliance programme.

11

Coordination with HR and employment law advisers

Arinite handles the H&S compliance; where employment law questions arise, we coordinate with your HR team or employment law adviser.

For businesses on Done For You or Done With You packages, new and expectant mothers compliance is included in the service.

PRICING

How Much Does New and
Expectant Mothers Compliance Cost?

Costs vary based on organisation scale, sector risk profile, and engagement type.

Factors That Drive Cost

1

Workforce size and pregnancy frequency. Larger organisations with more frequent pregnancies benefit from programme-level arrangements.

2

Sector risk profile. Higher-risk sectors (healthcare, manufacturing, laboratory) require more intensive individual assessments.

3

Number of sites. Multi-site operations require coordination of consistent approach.

4

Integration with wider services. Businesses on a Done For You or Done With You retainer include this in scope.

5

Policy development vs ongoing support. Initial policy is a project; ongoing support through multiple pregnancies is a retainer.

Typical Engagement Types

1

Policy and framework development: one-off project establishing the organisation’s framework.

2

Per-pregnancy individual assessment: project-based support for specific Regulation 16 assessments.

3

Ongoing retainer: included within Done For You or Done With You packages.

Rather than publish generic rates, Arinite provides a tailored quote after a brief discovery call. A free gap analysis call with one of our Chartered consultants will give you a clear estimate.

Get New and Expectant Mothers Compliance Right

The specific H&S duties under Regulations 16-18 MHSWR are often where employers realise that general H&S compliance and general employment law compliance both leave gaps. The specific operational framework sits between the two.

Book a free gap analysis call. In 30 minutes, one of our Chartered consultants will review your current arrangements, identify the gaps that matter, and give you a clear recommendation and indicative cost.

Book My Free Gap Analysis Call+44 (0)20 7947 9581