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#1 Posted : 12 April 2006 16:37:00(UTC)
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Posted By John P We have a female employee who is about to return to work having just completed maternity leave. She is a tradesperson who is normally site based. She has informed us that she is still breast feeding and has wishes to express milk during the day. Given that she will be employed on site, that the normal welfare facilities are shared with many other workers (mainly men), and that the fridge supplied is normally for the storage of foodtuffs, how far do we need to go to be seen to be doing what is 'reasonably practicable' to support her.
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#2 Posted : 12 April 2006 16:42:00(UTC)
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Posted By Steven From HSE guidance : Rest facilities for pregnant and breastfeeding women Many pregnant women feel tired and need to rest. Breastfeeding mothers need a clean, private place to express and store their milk. Employers are legally required to provide suitable rest facilities for workers who are pregnant or breastfeeding. Also, although not a legal requirement, employers are encouraged to provide a healthy and safe environment for nursing mothers to express and store milk. This could be provided in the suitable rest facilities. However, it is not suitable for toilets to be used for this purpose.
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#3 Posted : 12 April 2006 16:46:00(UTC)
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Posted By Jonathan Breeze We provide a seperate fridge in a seperate rest room for our staff. But then our situation is different from the one you describe. Take a look at the following leaflet from HSE which can be downloaded from their website: http://www.hse.gov.uk/pubns/indg373.pdf
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#4 Posted : 12 April 2006 16:46:00(UTC)
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Posted By Peter Longworth You don't need to be seen to be doing what is reasonably practicable, you actually need to do what is reasonably practicable. Are the welfare facilities constantly in use for instance or are the times during the day when privacy can be ensured. As for the fridge, breast milk is a foodstuff and presumably will be stored in sterilised containers. I can't believe that it is beyond the wit of man to arrange the welfare facilities to accomodate the needs of this lady.
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#5 Posted : 12 April 2006 16:50:00(UTC)
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Posted By Jonathan Breeze I can see it now: "'Ere Fred, there was no milk left in the bottle for me brew, so I took some from that container that had Avent written on the side. Do you know who it belongs to?"
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#6 Posted : 12 April 2006 17:31:00(UTC)
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Posted By Brett Day Jonathan, many a true word said in jest...
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#7 Posted : 13 April 2006 09:33:00(UTC)
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Posted By Jonathan Breeze Reasonably forseeable... (Standard gag in at least three Sit Com's and one movie to my mind.) Hence the seperate fridge was provided. Which raises another question... Why is it only blokes that have replied to this thread?
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#8 Posted : 13 April 2006 10:12:00(UTC)
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Posted By John McFeely The Workplace Regulations 1992 require employers to provide suitable rest facilities for workers who are pregnant or breast feeding. Offshore workers who are pregnant do not have to work as soon as they announce their pregnancy because there are no medical facilities available on the rig should complications be a factor. A bit off the beaten path I know, however, perhaps if you cannot provide what is required by Law it might not only be safer to extend the maternity period but also easier on fellow workers, management etc, plus it shows the world exactly how good an employer the Company is. This might also help with employee - employer relationships, i.e employees will see a human side of the Comapany and this can always help moral and production, helping to increase Company profits and employee retention.
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#9 Posted : 13 April 2006 10:28:00(UTC)
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Posted By Mark Talbot It is not just an issue of sitcom proportions. A new baby is very vulnerable and having milk stored next to some of the things which one finds in an average 'fridge is less than ideal. The risk of cross-contamination is clear. Separation and good cleaning regime is the proper answer. Does your board of directors want to risk the alternatives? (Maternity leave is a lot more expensive than a small 'fridge).
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#10 Posted : 13 April 2006 10:48:00(UTC)
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Posted By Jonathan Breeze All fair points Mark and again reasonably forseeable based on the average state of the standard 'works fridge'. It makes forking out £50 for a seperate fridge seem more than sensible in this case.
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#11 Posted : 13 April 2006 10:52:00(UTC)
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Posted By MarkJAWatkins Hi, It also stipulates that if not reasonably practicable for the breast feeding mother to return to work she must be suspended on "full pay without loss of earnings, benefits or fear of penalty" until such times as the mother decides to stop breast feeding... Regards, Mark
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#12 Posted : 13 April 2006 11:09:00(UTC)
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Posted By John P Thanks for all help offered.
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#13 Posted : 13 April 2006 11:14:00(UTC)
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Posted By J Knight I am not familiar with these sitcoms of which you speak; Jonathon, you need to get out more! Agree with the points about fridges though, small cost for big advantage. A small 'table-top' type fridge would be all that's needed, and you could fit one of those in practically anywhere, John
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#14 Posted : 13 April 2006 11:24:00(UTC)
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Posted By John McFeely John you might also want to get a copy of HSG 122 New and Expectant Mothers at Work – A guide for Employers from HSE Books. The guide states that: "You will need to ensure, on receiving written notification that a worker is breastfeeding, that she is not exposed to risks that could damage her health and safety and that of her child for as long as she continues to breastfeed. The regulations do not put a time limit on breastfeeding. It is for women themselves to decide how long they wish to breastfeed, depending on individual circumstances. The Department of Health recommends breastfeeding for the first four to six months. After that time, breastfeeding can be continued along with the safe introduction of solid food."
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#15 Posted : 13 April 2006 11:30:00(UTC)
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Posted By Samantha Rigby where would this lady be going to express her milk? have you got a separate rest area where she could go to do this? because she needs privacy too! i suppose it would be a great sight to the mainly male workforce, walking in on her while shes expressing!!!!
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#16 Posted : 13 April 2006 13:18:00(UTC)
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Posted By Bob Shillabeer Just a thought but I notice that no one has raised the question of why a baby would be on site in the first place! I know the world has moved on a bit since my kids were born (both breast fed until about nine months old) and both now have their own kids with working mums and breast fed until about the same age. Both my daughters expressed the night before and made arrangements for storage wherby there could be no confusion of what the bottles contained. But again has anyone given any attention to the risks to the child by being brought onto a worksite?
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#17 Posted : 13 April 2006 13:37:00(UTC)
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Posted By Faye Stacey I think the issue is being able to express breastmilk throughout the day, when the lady is feeling 'full' rather than taking a bay to work. I could be wrong Faye
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#18 Posted : 13 April 2006 13:38:00(UTC)
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Posted By Faye Stacey i meant baby!
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#19 Posted : 13 April 2006 13:45:00(UTC)
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Posted By John McFeely Bob, The child doesn't have to be brought into the workplace for certain hazards to effect it through the mother. If the mother is open to chemical or ionization hazards then she can pass these hazards on to her child through breast feeding. If the mother is suffering from stress this may also have a direct effect on the child. There are too many hazards that affect the child through the mother to mention here, however if you get hold of a copy of 'Health & Safety and Pregnancy - A Guide for Pregnant Women, Breast Feeding Women or Those Who Have Recently Given Birth' you will start to appreciate just exactly how precarious the situation is.
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#20 Posted : 13 April 2006 13:47:00(UTC)
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Posted By MarkJAWatkins Not all babies will take to a bottle so it doesn't really matter that milk is expressed the night before. The law states that an employer cannot stop a mother breastfeeding unless a risk asssessment determines it and then, as I stated earlier, the mother MUST be suspended on full pay until breast feedings stops.
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#21 Posted : 18 April 2006 08:33:00(UTC)
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Posted By Jan Moore Is breast milk technically classed as 'body fluids'? I would imagine so!! In which case, a personalised cool box would be better than a fridge.She could then lock the container in a locker. If she hasn't got a locker in the restroom, then they are cheap enough to buy. We did have one case where a caretaker in a school did exactly what Jonathan was jesting about and remarked that it didn't colour his coffee like coffee mate. He was destroyed when he found out what he had used. Is there any merit in posting someone on the restroom door to prevent entry by others while mum is expressing? Five minutes would be ample time. Regards Jan
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#22 Posted : 18 April 2006 08:52:00(UTC)
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Posted By Faye Stacey I think it would take more than 5 minutes to express milk! You need to allow about half an hour. But it is quite a personal thing. I don't think a time limit should be put on this kind of thing. That could cause a bit of stress which would reduce the ability to express. Faye
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#23 Posted : 18 April 2006 19:58:00(UTC)
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Posted By Jan Moore Point taken Faye. I was thinking back to when I actually expressed some years (no, many) years ago. The problem us women face is that you really can't just store milk!! The clock tells you when baby needs a feed and mum responds to the clock wherever baby might be!! Back to the original thread, would a first aid room be available? Regards Jan
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#24 Posted : 18 April 2006 21:54:00(UTC)
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Posted By Linda Crossland-Clarke Hi Have you a freezer compartment in the fridge? As it would prevent spillage, contamination and willful or accidental misuse!!!! Also note that some ladies express with battery operated machines, and you don't need daft comments coming from the other workforce about the use of this machine! Regards Linda
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#25 Posted : 19 April 2006 10:15:00(UTC)
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Posted By SafeMe Can you not aloow her to go home to express milk. I take it she would not be working away from home, so this may be a viable option. it would also show that the company is addressing her needs. Im unsure how often she would need to express milk, but once if it was once in a working day then this may be a good alternative.
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#26 Posted : 19 April 2006 11:11:00(UTC)
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Posted By JAI My wife expressed plenty of milk every evening/morning using an electronic breast pump device from boots (please remember to risk assess and pat test if brining to work) she expressed enough milk to last throughout the day, as she planned the times of the feeds and the amount of milk the little one would normally drink (milk stores in the fridge for 24 hours) enabling food to be available whilst she was at work Yes I agree in an extreme circumstance there may be a need to express milk but in reality there is also a need to provide welfare facilities and personal space for others to take and store different medicine (Diabetics for example) Again this all falls down to what is reasonably practicable look at your workplace assess the people, facilities and if necessary make improvements Talk to staff and provide advice It’s not hard to achieve just plan it better Jai
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#27 Posted : 19 April 2006 21:57:00(UTC)
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Posted By D Whitelegg Mark You mentioned in your reply above that the regs state "if not reasonably practicable for the breast feeding mother to return to work she must be suspended on "full pay without loss of earnings, benefits or fear of penalty" until such times as the mother decides to stop breast feeding... " I've looked in the Workplace Regs but can't see that statement. Could you let me know where it is? Thanks David
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#28 Posted : 19 April 2006 22:06:00(UTC)
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Posted By Paul Leadbetter David See para 94 of the ACoP to the Management Regs Paul
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#29 Posted : 21 April 2006 10:43:00(UTC)
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Posted By D Whitelegg Excellent. Thanks for that, I was looking in the Workplace Regs. David
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