Protection of Maternity at Work Places (Amendment) Regulations,

L.N. 195 of 2015

OCCUPATIONAL HEALTH AND SAFETY AUTHORITY ACT

(CAP. 424)

Protection of Maternity at Work Places (Amendment) Regulations,

IN exercise of the powers conferred by article 12 of the

Occupational Health and Safety Authority Act, the Minister for

Social Dialogue, Consumer Affairs and Civil Liberties, after

consultation with the Occupational Health and Safety Authority, has

made the following regulations:-

(1)

The title of these regulations is the Protection of Citation and

Maternity at Work Places (Amendment) Regulations, 2015, and they scope.

shall be read and construed as one with the Protection of Maternity at

Work Places Regulations, hereinafter referred to as "the principal S.L. 424.11

regulations".

(2) The scope of these regulations is the implementation of

Directive 2014/27/EU of the European Parliament and of the Council

amending Council Directive 92/85/EC on the introduction of

measures to encourage improvements in the safety and health at work

of pregnant workers and workers who have recently given birth or are

breastfeeding (tenth individual Directive within the meaning of

Article 16 (1) of Directive 89/391/EEC).

The Schedule I to the principal regulations shall be

substituted by the following

"SCHEDULE I

Amends

Schedule I to

Regulation 4(2)

the principal

regulations.

Non-exhaustive list of agents for which an assessment

has to be carried out.

A. Agents

1. Physical agents where these are regarded as agents causing

foetal lesions and/or likely to disrupt placental attachment, and in

particular

(a)

shocks, vibration or movement;

(b)

handling of loads entailing risks, particularly of a

dorsolumbar nature;

(c)

noise;

(d)

ionizing radiation;

(e)

non-ionizing radiation;

(f)

extremes of cold or heat;

(g)

movements and postures, travelling - either inside

or outside the establishment -mental and physical fatigue and

other physical burdens connected with the activity of the worker

within the meaning of regulation 2.

2. Biological agents

Biological agents of risk groups 2, 3 and 4 within the meaning

of paragraphs 2, 3 and 4 of the definition "biological agents" in

regulation 2 of the Protection of Workers from Risks related to

Exposure to Biological Agents at Work Regulations, in so far as it is

known that such agents or the therapeutic measures necessitated by

them endanger the health of pregnant women and the unborn child,

and in so far as they do not yet appear in Schedule II.

Chemical agents

The following chemical agents in so far as it is known that they

endanger the health of pregnant women and the unborn child and in

so far as they do not yet appear in Schedule II

(a)

substances and mixtures which meet the criteria for

classification under Regulation (EC) No 1272/2008 of the

European Parliament and of the Council in one or more of the

following hazard classes and hazard categories with one or more

of the following hazard statements, in so far as they do not yet

appear in Schedule II

-

germ cell mutagenicity, category 1A, 1B or 2

(H340, H341);

-

carcinogenicity, category 1A, 1B or 2 (H350,

H350i, H351);

-

reproductive toxicity, category 1A, 1B or 2 or

the additional category for effects on or via lactation

(H360, H360D, H360FD, H360Fd, H360Df, H361, H361d,

H361fd, H362);

-

specific target organ toxicity after single

exposure, category 1 or 2 (H370, H371);

(b)

chemical agents in Schedule I to the Protection of S.L.424.22

Workers from the Risks related to Exposures to Carcinogens or

Mutagens at Work Regulations.

(c)

mercury and mercury derivatives;

(d)

antimitotic drugs;

(e)

carbon monoxide;

(f)

chemical agents

of

known

and

dangerous

percutaneous absorption.

B. Processes

Industrial processes listed in Schedule I to the Protection of

Workers from the Risks related to Exposures to Carcinogens or

Mutagens at Work Regulations.

2. The Schedule II to the principal regulations shall be Amends

Schedule II to

substituted by the following new Schedule

the principal

regulations.

"SCHEDULE II

Regulation 4(3)

SECTION A: Non-exhaustive list of agents, processes and

working conditions to which a pregnant worker cannot be exposed

A. Pregnant workers within the meaning of the definition

"pregnant workers" in regulation 2.

1. Agents

(a)

Physical agents

Work in hyperbaric atmosphere,

e.g.

pressurized

enclosures and underwater diving.

(b)

Biological Agents

The following biological agents

-

toxoplasma,

-

rubella virus,

unless the pregnant workers are proved to be adequately

protected against such agents by immunization.

(c)

Chemical agents

Lead and lead derivatives in so far as these agents are

capable of being absorbed by the human organism.

2. Any other physical, biological or chemical agent regarded

by the Occupational Health and Safety Authority appointed under the

Occupational Health and Safety Authority Act, as causing foetal

lesions, and/or is likely to disrupt placental attachment, and/or is

likely to cause serious disease to a pregnant woman.

SECTION B: Non-exhaustive list of agents, processes and

working conditions to which a breastfeeding worker cannot be

exposed.

Regulation 4(4)

B. Pregnant workers within the meaning of the definition

"breastfeeding worker" in regulation 2.

1. Agents

(a)

Chemical agents

Lead and lead derivatives in so far as these agents are

capable of being absorbed by the human organism.

2. Any other agent.

Process or work activity which can have a harmful effect on the

ability of a mother to breastfeed.".

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