Employer Guide 7: Health and Safety Risk Assessments

The Health and Safety Executive (HSE) states that when an employer has received written notification from an employee that they are breastfeeding, that they must undertake an individual risk assessment to considers the breastfeeding employees specific needs. This is to ensure you as the employer can put in appropriate measures to ensure that breastfeeding employees return to a safe environment. In this guide we cover some of the key things that you might like to cover in a health and safety risk assessment for a breastfeeding employee.

When should a health and safety risk assessment take place?

Employers are legally required to undertake an individual health and safety risk assessment when an employee notifies that they are pregnant, have given birth in the last 6 months and/or are breastfeeding.1 This risk assessment must consider the individual’s specific needs and should be regularly reviewed as circumstances change. For example, in the context of breastfeeding, the specific needs of the mother may change as the child gets older and/or they make changes to their feeding patterns.

A health and safety risk assessment should take place as soon as possible after being informed by an employee that they are breastfeeding / intend to be breastfeeding upon return to work. This could be a review / update of an existing risk assessment they received as a result of informing you they were pregnant, as long as you consider any potential risks related to breastfeeding.

What should a risk assessment cover for breastfeeding employees?

The Health and Safety Executive¹ lists some common general risks for pregnant and new mothers relating to posture and position, working conditions (long hours, shift and night work) – including work-related stress, noise and temperature – , physical injury and harmful substances (e.g. chemical and biological agents) that could be passed through to the child during breastfeeding and ensuring personal protective equipment is safe and comfortable (e.g. avoiding tight clothing).

It is worth noting there are risks that are not explicitly mentioned by the HSE that are good practice to consider. These relate to factors that may lead to an increased risk of getting engorged (breasts becoming full) and developing mastitis (inflammation of the breast tissue, which can be serious and painful), and factors that may affect milk supply (which could impact infant feeding plans/goals and hence mother and child’s wellbeing). Common contributors relate to lack of time to breastfeed/express when needed such as lack of additional breaks and suitable facilities. It is also worth recognising some mothers may suffer from fatigue due to overnight feeding, and the importance of ensuring time for proper nutrition and hydration for breastfeeding employees.

Risk assessment suggested questions

The following are examples of questions that are good practice to include in a risk assessment to ensure you can protect against risks specifically related to breastfeeding (such as engorgement/mastitis, changes to milk supply etc.), as opposed to just general risks for pregnant and new mothers (that will likely be in general risk assessments for pregnant and new mothers):

1. Where can the breastfeeding employee rest if needed? Specify where.
2. Will the employee need to directly breastfeed or express milk (including for comfort, their child, or both) during work hours? If yes, where can the employee breastfeed or express preastmilk that is private and hygenic? For example:
   1. In a designated breastfeeding room
   2. On-site/nearby childcare provision
   3. Private office/ workspace
   4. At home
   5. Other (must be private and hygenic)
3. Will the employee need to store breastmilk? If yes, where can the employee store breastmilk?
   1.  In a fridge available for breastfeeding
   2. In an alternative (communal) fridge
   3. The employee wishes to use their own cool bag/ box
   4. Other. Ensure that any provided storage facilities are safe (in terms of temperature, ideally with a thermometer) and hygenic.
4. Will the employee need to use a breast pump? If yes is there a place where can they wash up and/or sterilise breast pump equipment and parts? Specify where. If yes is there a place they can store breast pump equipment if needed? Specify where.
5. Will the employee need breaks for expressing breastmilk or breastfeeding? Or will they need to adjust start/end time and / or shift patterns to accommodate this? Agree on frequency/timing of breaks, changes to start/end time, other adjustments and put in a temporary flexible working request if needed. Ensure that the employee has enough time for adequate nutrition/hydration.
6. Are there any risks related to increased fatigue e.g. as a result of feeding the child during the night? Consider if increased fatigue imposes any risks, based on the nature of the job role. Can these be removed/controlled by, for example, changes to start/end time, changes in work location, more regular breaks.
7. Will the employee need to travel (overnight) or work outside of their normal place of work? If yes consider availability of facilities in alternative workplace and any adjustments that need to be made. If travelling overnight, consider whether the mother would need to travel with their child and whether this is feasible. Consider if any adjustments need to be made.
8. Will the employee need to work outside of normal hours or work late or overnight shifts? Consider if this will impact breastfeeding and/or expressing breastmilk and any resulting adjustments that need to be made. A risk assessment may be part of a general communication pathway and we have provided an example communication pathway in Employer Guide 8.

References

1. https://www.hse.gov.uk/mothers/employer/risk-assessment.htm
2. https://www.hse.gov.uk/mothers/employer/common-risks.htm