Statutory Inspections · Mandatory · Construction

New and Expectant Mothers Risk Assessment

A specific risk assessment required when an employee notifies pregnancy, covering construction-specific hazards including chemical exposure (COSHH substances hazardous in pregnancy), manual handling, working at height, vibration, biological agents, and psychosocial risks. Must be completed within days of notification, reviewed as pregnancy progresses, and consider reasonable adjustments under the Equality Act 2010.

Last reviewed: 2 April 2026 — This guide reflects UK law as of this date. MHSWR 1999 Reg 16 remains current with no amendments enacted as of 2 April 2026. Next scheduled review: 2 April 2027.

Legal basis	Management of Health and Safety at Work Regulations 1999 (MHSWR 1999), Regulation 16 — supplemented by the Equality Act 2010 (protection against pregnancy and maternity discrimination)
Duty	Where the workforce includes women of childbearing age, the employer must include risks to new and expectant mothers in the general risk assessment. Once notified of a pregnancy, a specific individual assessment must be carried out without delay.
Construction-specific risks	Chemical exposure (COSHH substances), manual handling, working at height, whole-body vibration (WBV) and hand-arm vibration (HAV), biological agents, and psychosocial factors including stress, fatigue, and welfare facilities
Key fact	If the risk cannot be removed or reduced to an acceptable level, the employer must offer suitable alternative work on the same terms. If no suitable alternative is available, the worker must be suspended from work on full pay.

1. Protecting New and Expectant Mothers in Construction

Construction sites present a range of hazards that pose specific risks to new and expectant mothers and their unborn or nursing children. These include exposure to hazardous substances such as lead, solvents, and cement dust; physical demands including manual handling of heavy materials; work at height on scaffolding and ladders; whole-body vibration from operating plant and equipment; biological agents in contaminated ground or demolition work; and psychosocial risks including long working hours, shift patterns, and inadequate welfare facilities.

Regulation 16 of MHSWR 1999 requires employers to carry out a specific risk assessment for any worker who has notified them in writing that she is pregnant, has given birth within the previous six months, or is breastfeeding. This assessment must go beyond the general workplace risk assessment and consider the specific physiological and medical circumstances of the individual worker at each stage of her pregnancy or postnatal period. The assessment must be reviewed and updated as the pregnancy progresses, because risks change — manual handling that was manageable at 12 weeks may be impossible at 32 weeks.

The Equality Act 2010 provides additional protection by making it unlawful to discriminate against a worker because of pregnancy or maternity. This means that an employer cannot treat a pregnant worker less favourably, cannot dismiss or select for redundancy because of pregnancy, and must make reasonable adjustments to enable the worker to continue working safely. Failure to carry out the risk assessment or to act on its findings can constitute both a health and safety offence and an act of discrimination.

Suspension on full pay is the last resort

MHSWR 1999 sets out a clear hierarchy: first, adjust the working conditions or hours to remove the risk. If that is not possible, offer suitable alternative work on the same terms. Only if no suitable alternative work is available should the worker be suspended from work — and suspension must be on full pay. Suspending a pregnant worker without first exhausting the other options is likely to constitute both a health and safety breach and pregnancy discrimination.

2. Key Components

The following table sets out the key components that a new and expectant mothers risk assessment must address. Each element demonstrates compliance with MHSWR 1999 Regulation 16 and ensures that the specific risks to the individual worker and her child are identified, assessed, and controlled.

Component	Detail
Worker details	Name, job title, normal duties, and working location of the worker — including any specific site conditions or environments relevant to the assessment
Stage	Current stage of pregnancy (weeks), date of expected delivery, or postnatal/breastfeeding status — the assessment must be specific to the current stage and reviewed as it changes
1. Physical hazards	Assessment of physical hazards including manual handling, working at height, whole-body vibration (WBV) from plant and equipment, hand-arm vibration (HAV), prolonged standing, heavy lifting, and risk of slips, trips, and falls — pregnancy alters balance, ligament laxity, and physical capacity
2. Chemical / COSHH hazards	Assessment of exposure to hazardous substances including lead (toxic to the developing foetus at very low levels), solvents, cement dust, silica dust, paints, adhesives, and any substance with a reproductive toxicity hazard statement (H360, H361, H362) — refer to safety data sheets and COSHH assessments
3. Biological hazards	Assessment of exposure to biological agents including toxoplasma (from contaminated soil), leptospirosis (from rat urine in excavations), hepatitis, and other infections that can be encountered on demolition sites, refurbishment projects, or sites with contaminated ground
4. Ergonomic hazards	Assessment of ergonomic factors including workstation design, seating, posture, repetitive movements, and access to rest areas — pregnancy changes body shape, centre of gravity, and comfort, particularly in the second and third trimesters
5. Psychosocial hazards	Assessment of psychosocial risks including working hours, shift patterns, lone working, fatigue, stress, and access to adequate welfare facilities (toilets, rest areas, drinking water) — fatigue and stress can increase the risk of complications
6. Temperature and fatigue	Assessment of exposure to extremes of temperature (hot or cold environments), humidity, and factors contributing to fatigue including long shifts, night work, and inadequate rest breaks — pregnant workers are more susceptible to heat stress and dehydration
Agreed adjustments	Specific adjustments agreed with the worker to reduce or remove the identified risks — e.g. modified duties, restricted manual handling, removal from exposure to specific substances, adjusted working hours, additional rest breaks, improved welfare facilities
Alternative work	Where risks cannot be adequately controlled through adjustments, details of suitable alternative work offered on the same terms and conditions — the alternative work must be suitable and appropriate for the worker's skills and qualifications
Suspension on full pay	Where no suitable alternative work is available and the risk cannot otherwise be removed, confirmation that the worker has been suspended from work on full pay in accordance with Section 67 of the Employment Rights Act 1996
Written notification	Confirmation that the worker has been informed of the findings of the assessment, the risks identified, and the control measures put in place — communication must be clear, sensitive, and documented
Review schedule	Planned dates for review of the assessment — at minimum, the assessment should be reviewed at each trimester, after any change in duties or working conditions, and after any pregnancy-related health issue
Completed by	Name and role of the person who carried out the assessment — must be a competent person with knowledge of the specific risks to new and expectant mothers and the legal requirements under MHSWR 1999 and the Equality Act 2010

3. Common Mistakes

Delaying the assessment after notification

Once an employer has been notified in writing that a worker is pregnant, the specific risk assessment must be carried out without delay. There is no acceptable waiting period. Some employers wait until the pregnancy is “confirmed” by a midwife or GP, or delay until the worker is past the first trimester — this is not compliant. The duty to assess arises immediately upon written notification. Many of the most significant risks, including exposure to reproductive toxins and the risk of early miscarriage, are highest in the first trimester. Any delay in carrying out the assessment leaves the worker and her unborn child exposed to preventable harm.

Not reviewing the assessment as the pregnancy progresses

A risk assessment carried out at 8 weeks of pregnancy will not remain adequate at 28 weeks. Pregnancy is a dynamic condition — the physical demands a worker can safely manage, the risks she faces, and the control measures she needs all change as the pregnancy progresses. The assessment must be reviewed at regular intervals (at minimum each trimester), after any change in duties or working conditions, and after any pregnancy-related health issue. A single assessment that is never revisited does not comply with the duty to ensure the ongoing health and safety of the worker.

4. Frequently Asked Questions

What if a worker does not want to disclose her pregnancy?▾

An employer's duty to carry out a specific individual risk assessment under MHSWR 1999 Regulation 16 is triggered by written notification from the worker. If a worker chooses not to disclose her pregnancy, the employer cannot be expected to carry out an individual assessment. However, the general duty under Regulation 3 to assess risks to all employees still applies, and this general assessment should already consider risks to women of childbearing age, including new and expectant mothers. The employer should create a workplace culture where workers feel confident and supported in disclosing pregnancy early, by making it clear that the purpose of disclosure is to protect health and that no adverse action will result. Line managers should be trained to respond positively and to initiate the risk assessment process immediately upon notification.

Does the assessment apply to agency workers and self-employed contractors?▾

Yes. Under MHSWR 1999, the duty to assess risks to new and expectant mothers extends to any worker who has notified the employer in writing. For agency workers, both the agency and the host employer have responsibilities — the host employer controls the working environment and must carry out the site-specific assessment. Self-employed contractors working on construction sites under CDM 2015 are also owed duties by the principal contractor in relation to site-wide risks. The Equality Act 2010 protections against pregnancy discrimination apply equally to employees, workers, and agency staff.

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