Risk assessment for maternity protection: answers & tips
Pregnant and breastfeeding women must be protected from excessive stress and dangerous working conditions. The Maternity Protection Act (MuSchG) enables women to continue working without endangering their health or that of their child. The maternity protection risk assessment plays an important role here.
What you can expect in this article:
- What is a risk assessment for maternity protection?
- Is a risk assessment for maternity protection mandatory?
- When does the employer have to prepare a risk assessment for maternity protection?
- Who prepares the risk assessment and carries it out in the company?
- How does the maternity protection risk assessment work?
- What risks can pregnant and breastfeeding women face in the workplace?
- What protective measures need to be taken?
- Tips for employers
- Tips for pregnant women and breastfeeding mothers
What is a risk assessment for maternity protection?
The risk assessment for maternity protection is a risk assessment for pregnant and breastfeeding women. It serves to protect mother and child and ensures that no risks in the workplace endanger their health.
The employer is legally obliged to carry out such a risk assessment and - if necessary - to make appropriate adjustments. This also ensures compliance with the Maternity Protection Act.
The aim of the maternity protection risk assessment is to identify potential and suitable protective measures to minimize or eliminate risks in the workplace and thus ensure the safe continuation of employment.
In accordance with Section 14 of the Maternity Protection Act, the risk assessment for the workplace and each activity of the pregnant or breastfeeding employee must be available and documented accordingly.
Is a risk assessment for maternity protection mandatory?
Employers bear the primary responsibility for implementing maternity protection. They must observe and implement the legal requirements of the Maternity Protection Act regarding health protection, protection against dismissal and the right to benefits.
According to the Maternity Protection Act (MuSchG), every company must carry out a risk assessment for all activities and workplaces, regardless of whether pregnant or breastfeeding women are currently employed or will be employed in the future. This obligation therefore also applies to companies in which only men work.
Depending on the results of the risk assessment, the employer must determine whether
- protective measures are likely to be required,
- the working conditions need to be adapted or
- the activity at this workplace can no longer be continued.
When does the employer have to prepare a maternity protection risk assessment?
Preferably in advance. Not just when an employee announces that she is pregnant or breastfeeding. After all, every employer is obliged to have a maternity protection risk assessment in place, regardless of whether a pregnant or breastfeeding woman is currently employed in the company.
By carrying out a risk assessment of the workplace in advance, the identified protective measures can be implemented immediately after the employee is informed of her pregnancy or breastfeeding. In this way, interruptions to work, for example due to a temporary ban on the employee's employment, can be avoided.
If a risk assessment is not yet available, it should be drawn up as soon as possible to avoid fines and to ensure the protection of pregnant or breastfeeding employees.
Who prepares the risk assessment and carries it out in the company?
The employer must ensure that the working conditions are designed in such a way that there is no risk to the pregnant or breastfeeding employee in the workplace.
Company doctors and occupational safety specialists can be involved to provide advice and support. For example, when possible hazards are identified or suitable protective measures are defined. However, company doctors are not authorized to prepare a risk assessment.
The employer must document the risk assessment for maternity protection in writing and inform the pregnant or breastfeeding person of the results of the risk assessment and the need for protective measures.
The following information must be included in the documentation:
- Results of the risk assessment (What hazards are present and to what extent? How urgent is their elimination?)
- Defined measures (Which measures are to be implemented by when? Who is responsible for them? How effective are the measures? Do additional measures need to be taken?)
- Appointment or offer of a meeting with the employee to discuss adjustments to her working conditions
The documentation is also proof that a risk assessment has been carried out. Without this proof, fines may be imposed.
How does the maternity protection risk assessment work?
The risk assessment for pregnant and breastfeeding women is carried out in close cooperation between the employer, the employee and, if necessary, the company doctor.
These are the 5 steps of the risk assessment for maternity protection:
1 First, all relevant working conditions and activities to which the pregnant or breastfeeding woman is exposed are examined and evaluated.
2. then potential risks to the health of the woman and her child are identified and assessed.
3. suitable protective measures are then developed and implemented to minimize or eliminate risks. This may include, for example, adjusting working hours, providing ergonomic work equipment or training employees.
4. the effectiveness of these measures should be regularly reviewed and adjusted if necessary.
5 It is important to carry out the assessment not just once, but to update it regularly, especially if the activities or working conditions change.
Carrying out a risk assessment requires careful, written documentation of all steps, results and responsibilities. This not only provides legal protection for the employer, but also enables transparent communication and cooperation between all parties involved.
What risks can pregnant and breastfeeding women face in the workplace?
There are various risks for pregnant and breastfeeding employees in the workplace that can have a negative impact on the health of the mother and the development of the unborn child.
These include, for example:
- The handling of certain biological and hazardous substances
- Physical stress
- Chemical substances
- Risk of infection
- Psychosocial burdens and stress
For breastfeeding mothers, it is particularly important to consider hazardous substances that have an effect on milk production.
Pregnant or breastfeeding women may not carry out an activity with irresponsible risks even if they wish to do so on their own responsibility.
Section 11 and 12 of the Maternity Protection Act lists prohibited activities and working conditions for pregnant and breastfeeding women.
What protective measures must be taken to minimize risks for pregnant and breastfeeding employees?
If irresponsible hazards for pregnant or breastfeeding women are identified in the workplace, the employer must adhere to a hierarchy of necessary protective measures as part of the risk assessment for pregnant or breastfeeding women (Section 13 of the Maternity Protection Act):
1. reorganization of the working conditions: The employer must change the working conditions in such a way that the hazards are avoided. For example by:
- Provision of suitable protective measures
- Ergonomic workplace equipment
- Avoidance of handling hazardous substances
The measures must be individually adapted to the workplace and the activities of the pregnant or breastfeeding employee and should be regularly reviewed and adjusted if necessary.
2. change of job: If it is not possible or would be too costly to adapt the working conditions, the employer must - if possible - offer the woman another suitable and reasonable job.
3. prohibition of employment: If neither the adaptation of the working conditions nor a change of workplace can eliminate the risks, the employer may no longer employ the pregnant or breastfeeding employee.
Tips for employers
- Ensure that a risk assessment for pregnant and breastfeeding women is available.
- Contact the pregnant employee at an early stage to discuss possible risks in the workplace.
- Examine and evaluate the working conditions and activities with regard to possible risks.
- If necessary, adjust your working hours and scope of work to the course of your pregnancy.
- Inform pregnant and breastfeeding employees about protective measures and keep an open ear.
- Implement the measures consistently and check their effectiveness regularly.
- Carefully document the risk assessment and all measures taken.
- Adapt the risk assessment if necessary.
Click here for the"Guide to maternity protection - information for employers"
Tips for pregnant women and breastfeeding mothers
- Find out about your rights under the Maternity Protection Act and relevant occupational health and safety regulations.
- Communicate your pregnancy or breastfeeding period to your employer at an early stage.
- Address any unanswered questions and concerns about your working conditions.
- If necessary, talk to company doctors to discuss individual health risks and suitable protective measures.
- Keep a written record of appointments, discussions, adjustments or concerns about your pregnancy or breastfeeding at work.
- Take care of your health and well-being at work and in everyday life.
Click here for the"Maternity Protection Act (MuSchG)" from the Federal Office of Justice
Click here for the"Guide to maternity protection - information for pregnant and breastfeeding women"
