PROTECTION OF MATERNITY AT WORK PLACES REGULATIONS

SUBSIDIARY LEGISLATION 646.05

PROTECTION OF MATERNITY AT WORK PLACES

REGULATIONS

1st January, 2001

LEGAL NOTICE 92 of 2000, as amended by Legal Notices 436 of 2012

and 195 of 2015 and Act XXXIII of 2024.

(1) The title of these regulations is the Protection of

Maternity at Work Places 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).

Substituted by

L.N. 195 of 2015.

Regulation 4(2)

Amended by

XXXIII.2024.

First Schedule.

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

(S.L. 424.25), 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 the Second Schedule.

3. 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 the Second Schedule

(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 the Second Schedule

-

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 Workers from Risks

related to Exposure to Biological Agents at Work Regulations (S.L. 646.17);

(c) mercury and mercury derivatives;

(d) antimitotic drugs;

(e) carbon monoxide;

(f)

chemical agents of known and dangerous percutaneous absorption.

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 (S.L. 646.14).

In these regulations, unless the context otherwise requires -

"breastfeeding worker" means a breastfeeding employee as

defined in the Employment and Industrial Relations Act, or in

subsidiary legislation;

"child" includes an unborn infant;

"conditions of employment" has the same meaning assigned to it

under the Employment and Industrial Relations Act or any other

law substituting it;

"female" includes a pregnant or breastfeeding worker, and a

mother;

"mother" means a worker who has recently given birth to a live

or stillborn child, and who informs her employer of such an event

by means of a certificate issued by a medical practitioner or by a

midwife, and in the case of a worker who gives birth to a live child

shall continue to remain considered as such for a period of six

months from the birth of the child;

"pregnant worker" means a pregnant worker as defined in the

Em ployment and Industrial Relations Act, or in subsidiary

legislation;.

Amended by

L.N. 436 of 2012.

Regulation 4(3)

Substituted by

L.N. 195 of 2015.

Amended by

XXXIII.2024.

First Schedule.

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 Health and Safety at

Work Act (Cap. 646.), 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)

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.

(1) A female worker who becomes pregnant shall inform

her employer of her condition as soon as she becomes aware of it.

(2) No pregnant worker, mother or breastfeeding worker shall

be required by any employer to perform any work which may

endanger her health and safety, the safety or viability of her

pregnancy or the health of her child, as the case may be.

(1) Before assigning work to any pregnant or breastfeeding

worker or to a mother, an employer shall assess the nature and

degree of any hazard present at his workplace, together with the

anticipated duration of exposure, as well as the resultant risks to

the health and safety of the female concerned, as well as to the

safety of her pregnancy or of the child in the case of a breastfeeding

worker

Provided that such an assessment shall also include, but

shall not be limited to, an assessment of the hazards and the

resultant risks to the physical and mental health of the worker and

to the safety of the pregnancy arising from the industrial processes

used, and from the presence of any chemical, physical or biological

agent used at the employer’s place of work

Provided further that such an assessment shall also include

an assessment of the risks which may arise from any particular

posture, movement or lifting activity which has to be carried out by

any pregnant worker, mother or breastfeeding worker so as to carry

out the work or the task assigned to her.

(2) Without prejudice to the generality of subregulation (1) and

its provisions, a non-exhaustive list of agents for which an

assessment must be carried out, is shown in the First Schedule.

(3) An employer shall under no circumstance require a

pregnant worker to perform duties for which the assessment has

revealed a risk of exposure to the agents, processes or working

conditions listed in Section A of the Second Schedule, or when so

directed by the Occupational Health and Safety Authority

appointed under the Health and Safety at Work Act in the sole

interests of health and safety.

(4) An employer shall under no circumstance require a

breastfeeding worker to perform duties for which the assessment

has revealed a risk of exposure to the agents, processes or working

conditions listed in Section B of the Second Schedule, or when so

directed by the Occupational Health and Safety Authority

appointed under the Health and Safety at Work Act in the sole

interests of health and safety.

The employer shall inform the female workers referred to

in regulation 3(2), or their representatives at the place of work, of

the results of the assessments referred to in regulation 4 and of all

the measures taken, or that are to be taken concerning health and

safety at work.

If the results of the assessment referred to in regulation 4

reveal a risk to health or safety, to the pregnancy, or to the child,

the employer shall take the necessary steps to remove the female

from such exposures, either by temporarily adjusting the working

conditions, and/or the working hours, or by assigning the worker to

another job which is both suitable in relation to her and appropriate

for her to do in the circumstances, under such terms and conditions

of employment which are not less favourable than those stipulated

in her contract of employment.

No pregnant worker, mother or breastfeeding worker shall

be required by any employer to perform any night work if the

worker 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 case may be.

A pregnant worker shall be entitled to time off, without

loss of pay or any other benefit, in order to attend ante-natal

examinations, if such examinations have to take place during

working hours

Provided that the employer may request documentation

which shows the appointment times for such examinations.

In any proceedings for an offence under these regulations

consisting of a failure to comply with a duty or requirement to do

something, or to do something so far as is reasonably practicable, it

shall be for the accused to prove (as the case may be) that it was not

practicable or not reasonably practicable to do more than was in

fact done to satisfy the duty or requirement, or that there was no

better practicable means than was in fact used to satisfy the duty or

requirement.