Work Place (Protection of Maternity) Regulations. 1996 (protectionofmaternity)

L.N. 12 of 1996

OCCUPATIONAL HEALTH AND SAFETY

(PRO MOTION) ACT. 1994

(ACT NO. VU OF 1994)

Work Place (Protection of Maternity) Regulations. 1996

IN exercise of the powers conferred by sections 6 and 16 of the

Occupational Health and Safety (Promotion) Act , 1994,the Min isterof

Education and Human Resources, in consultation with the Commission

for the Promotion of Occupational Health and Safety, has made the

following regu lations:-

(I) These regulations may be ciled as the Work Place a-ioooond

.....,10 ...

(Protection of Maternity ) Regulations, 1996.

(2) These regulations shall come into force on the 1st

October,I996.

In these regulations. unless the context otherwise '1_

Regul ation 4(3)

Agents to which a mother cannot be exposed

Chemical agents

Lead and compounds of lead.

2. Any other physical, biological or chemical agent regarded by the DirectorofLabour.

acting on the: advice of the Commission forthe Promotion of Occupational Health

and Safety. as causing serious disease to a nursing mother or to a breast-feeding

child.

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( I)

requires -

"child" includes an unborn infant, and any child under three

years of age;

"conditions of employment" has the same meaning assigned

to it under the Conditions of Employment (Regulation) Act or any Cop.llj

other law substitut ing it;

"female" incl udes a pregnant woman and a mother;

"mother" means a female who has recently given birth to a

child and who infonns her employer of such an event by means of

a certificate iss ued by a medical practitioner or by a midwife, and

any such female shall continue to remain considered as such until

the child is six months old;

"pregnant woman" means a female who infonns her employer

of her condi ti on by means of a certificate issued by a medical

practitioner or by a midwife.

(2) In these regulations. words and expressions shall have

the same meaning as defined in section 19 of th e Occupational Health

and Safety (Promotion) Act. 1994, hereinafter in these regulationscalled

" the Ac,", and the tenus " mother", " pregnant woman" and ."female" in

these regulations shall be inlerpretated in the same manner as the term

"worker" in the Act.

No pregnant woman or mother shall be required by any

employer to perform any wort which may endanger her health and

safety or the health of her child.

( I) An employer shall assess the nature ,degree and duration

of any hazard prescnt al his workplace before he assigns work 10 a

pregnant woman or a mother.

(2) An employer shall under no circumstance require a

pregnant woman 10 perfonn duties for which the assessment has revealed

a risk of exposure to the agents listed in the First Schedule to these

regu lattons. or when so directed by the Director o f Labour in the interests

of health and safety.

(3) An employer shall not require a mother to perform dutie.'I

for whic h the assessment has revealed a risk of exposure to the agents

listed in the Second Sc hedule to these regulations. or when so directed

by the Director of Labour in the interests of health and safety.

The employer shall inform the female workers referred to in

regulation 3 ofthese regulations, or their representatives at the place of

work, of the results of the risk assessments referred to in regulation 4 of

these regulations and of all the measures taken, or that are to be taken.

concerning health and safety at the place of work.

(I) If the results o f the assessment referred to in regulation

4 of these regulations reveal a risk to health or safe ty. or on the

pregnancy .or on the unborn child. the employer shall take the necessary

steps to remove the female from such exposures. either by temporarily

adjusting the working condition s, and/or the working hours, or by

assigning the female concerned to another job under conditions of

employment that are not less favourable than those already enjoyed by

her.

(2) An employer shall not terminate the employment of a

female on the grounds that the employer is unable to comply with the

provisions of paragraph ( I) of this regulation.

(1) No pregnant woman or mother shall be required by any Ni"'-'<.

employer 10 perfonn any night work if the female concerned submits to

the employer a medical certificate which states that night work can

have harmful effects on the pregnancy. or on the mother , or on the

child, as the c ase may be

Provided that the employer may require his own medical officer

to verify the cenificale.

(2) An employer shall transfer a female referred to in

paragraph (I) of this regulation to daytime work under conditions of

employment thai are nOliess favourable to her.

(3)

An employer shall under no circumstance require a

female to perfonn night work during a period of al least twenty-one

weeks, such period commencing on the eighth week immediately

preceding the expected date of delivery and tenninating not earlier

than the end of the twenty-first week after such commencement.

(4) An employer shall not tenn inatc the employment o f a

female on the grou nds that the employer is unable to comply with the

provisions of this regulation .

A pregnant woman shall be entitled to time off, without loss ' . '

of payor any other benefit. in order to attend ante-na.tal examina.tions, UMllIIItiona.

if such examinations have to take place during working hours

Provided that the employer may request documentation which

shows the appointment ti mes for such examinations.

ARST SCHEDULE

Regulation 4(2)

Agents (0 wbkh a pregnant woman cannot be exposed

(a)

Physical agents.

Work in hyperbaric atmosphere. including pressurised enclosures and

underwater diving.

(b)

Biological agents.

Toxoplasma and Rubella virus, unless the workers are proved to be adequately

protected against such agents by immunization.

(e)

Chemical agents.

Lead and compounds of lead.

2. Any other physical. biological or chemical agent regarded by the Director of Labour ,

acting on the advice of the Commission for the Promotion of Occupational Health

and Safety, as causing foetal lesions, and/or is likely to disrupt placental anachment,

and/or is likely to cause serious disease to a pregnant woman or an unborn child.