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#1 Posted : 12 January 2009 14:59:00(UTC)
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Posted By Graham Watson Hi I’m currently studying for Unit A of the NEBOSH diploma. And I’ve come across a query for work, not the exam. We have women of child bearing age in our employ, and we use chemicals that are known, or suspected of being, hazardous to the unborn child. When we’re told that an employee is ‘with child’ they are taken out of all contact with these hazardous reagents. My question is Is it OK to just have this assessment recorded as part of our health and safety policy or should we have a specific risk assessment done and recorded? (We employ more than five people) I ask because I’ve been reading the MHSWR and the ACoP. I notice that Regulation 19 says: Risk Assessments in respect of new or expectant mothers. 1) (a) where persons working in an undertaking include women of child bearing age; And (b) the work is of a kind which could involve risk, by reason of her condition, to the health and safety of the new or expectant mother, or to that of her baby……. The assessment required by regulation 3(1) shall also include an assessment of such risk. Which seems to say we should write a risk assessment, but I would argue that this is part of our normal working practice, as described in our H&S policy, and so I shouldn’t have to repeat the paperwork. I’m wondering if this is a case of a little knowledge being a dangerous thing. Any advice gratefully received Regards Graham
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#2 Posted : 12 January 2009 15:21:00(UTC)
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Posted By GeoffB4 If you have a working environment which poses a risk to women of child bearing age, then risk assessments should have already been carried out on those women. The idea is to have effective control measures in place prior to conception, not to put them in after.
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#3 Posted : 12 January 2009 15:48:00(UTC)
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Posted By ScotsAM Is there a difference in policy for woman of a child bearing age and those who are pregnant? If so a specific risk assessment should be done for each pregnant woman once they notify you of their pregnancy as each woman may have different issues. If there is a policy in place governing work for woman of a child bearing age, then this should be followed by all women without an individual risk assessment (as the policy will have arisen as an outcome to a risk assessment already completed). Hope this helps.
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#4 Posted : 12 January 2009 23:48:00(UTC)
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Posted By Ron Hunter Graham, your Company "Policy" is wrong. The duty is to protect the unborn child, thus assessment must determine the risk to the unborn foetus. Risk Assessment (COSHH Assessment) is therefore an absolute necessity. Do not confuse the above with the other duty to NAEM (reasonable adjustments/ removal from the hazard) which apply only once the pregnancy has been brought to the attention of the employer. If your company is using hazardous chemicals including mutagens, teratogens etc. that could be too late. The unborn child (foetus) is most at risk from the effects of these products in the very earliest stages of development, and the mother may not be aware of the pregnancy.
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#5 Posted : 13 January 2009 17:00:00(UTC)
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Posted By GeoffB4 Ron, could I add '..prior to conception..' because the chemicals may already be in the body of the mum-to-be and could affect the foetus at conception. I'd understood (but could be wrong) this requirement was included in the Management regs because of incidents at a factory making birth control pills. Oestrogen in the atmosphere (and subsequently in workers bodies) caused birth defects in babies conceived over the mum's employment period at the factory.
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#6 Posted : 14 January 2009 14:55:00(UTC)
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Posted By Ron Hunter And to take the issue further, there is the risk phrase R60 "May impair fertility". In all the above respects, COSHH Essentials ranks these as category D or E requiring special control measures to be applied.
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#7 Posted : 14 January 2009 15:40:00(UTC)
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Posted By Safety officer I went into a company the other month who have the same as you. They have a blanket ban on any women entering the room regardless of whether she is of child bearing age or not. Just a total ban.
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#8 Posted : 14 January 2009 17:37:00(UTC)
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Posted By GeoffB4 Good point Ron, I missed that out.
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