Employer's Obligation to Carry Out Risk Assessment for Pregnant Workers

The Employment Appeal Tribunal (EAT) has held in O'Neill v Buckinghamshire County Council UKEAT/0020/09 that the employer's obligation to carry out a risk assessment in respect of pregnant workers is not general and arises only if three pre-conditions are satisfied.

These are: (i) that the employee notifies the employer in writing that she is pregnant, (ii) that the work is of a kind which could involve a risk of harm or danger to the health and safety of a new expectant mother or to that of her baby and (iii) that the risk arises from processes, working conditions or physical, biological or chemical agents in the workplace.

Whilst it may be prudent for employers to carry out a risk assessment for all pregnant workers, it was clear from the language of the Council Directive 92/85/EEC and the relevant UK Regulations "that the obligation to carry out a risk assessment of a pregnant worker would only be triggered in certain circumstances".