Pregnant Workers on Irish Construction Sites: Employer Duties and Risk Assessment

Irish law places specific duties on employers when a worker on a construction site is pregnant or has recently given birth.

# Pregnant Workers on Irish Construction Sites: Employer Duties and Risk Assessment **Slug:** pregnant-workers-construction-sites-ireland-employer-duties **Category:** HSA Compliance **Meta description:** Irish law places specific duties on employers when a worker on a construction site is pregnant or has recently given birth. This guide explains the risk assessment requirements and the steps employers must take. **Focus keyword:** pregnant workers construction sites Ireland employer duties --- The presence of a pregnant worker on a construction site raises specific legal obligations for the employer that go beyond the general duty of care owed to all workers. Irish law provides enhanced protections for pregnant workers, new mothers, and workers who are breastfeeding, and construction employers must understand these obligations and be prepared to act on them promptly when a worker notifies them of their pregnancy. This article explains the legal framework, the specific risk assessment requirements, the steps employers must take when a worker notifies them of pregnancy, and the options available where the risk cannot be adequately controlled. --- ## The Legal Framework The primary legislation governing the protection of pregnant workers in Ireland is the Safety, Health and Welfare at Work (General Application) Regulations 2007, Part 6, Chapter 2, which implements EU Directive 92/85/EEC (the Pregnant Workers Directive). These Regulations apply to all workers, including those on construction sites. The Regulations apply to three categories of worker: - **Pregnant workers:** workers who are pregnant and have notified their employer of their condition - **Workers who have recently given birth:** workers who have given birth within the previous 14 weeks and have notified their employer - **Workers who are breastfeeding:** workers who are breastfeeding and have notified their employer The protections apply from the date of notification. An employer cannot rely on the fact that they were not aware of the pregnancy if the worker has not yet notified them; however, once notification is received, the employer must act promptly. --- ## The Risk Assessment Requirement The General Application Regulations 2007 require employers to carry out a specific risk assessment for pregnant workers, new mothers, and breastfeeding workers. This is a separate assessment from the general workplace risk assessment, and it must be carried out as soon as the employer is notified of the worker's condition. The risk assessment must identify any activities, working conditions, or agents (physical, chemical, or biological) that could pose a risk to the safety or health of the pregnant worker or her unborn child. The Regulations list specific agents and working conditions that must be assessed, including: **Physical agents:** - Manual handling, particularly where there is a risk of falls or abdominal trauma - Work in a compressed air environment - Whole-body vibration - Working at height - Excessive noise **Chemical agents:** - Lead and lead derivatives - Carbon monoxide - Mercury and mercury compounds - Cytotoxic drugs - Chemical agents of known and dangerous percutaneous absorption **Biological agents:** - Rubella virus (German measles) - Toxoplasma **Working conditions:** - Work involving physical strain (heavy lifting, prolonged standing) - Work in extreme temperatures - Night work - Work involving exposure to ionising radiation In the construction industry, the most commonly relevant hazards for pregnant workers include manual handling, working at height, whole-body vibration (from plant operation), exposure to chemical agents (including cement, solvents, and dust), and physical strain from prolonged standing or working in awkward postures. --- ## Steps the Employer Must Take When a worker notifies the employer of their pregnancy, the employer must take the following steps in sequence. ### Step 1: Carry Out the Risk Assessment The employer must carry out a specific risk assessment for the pregnant worker as soon as practicable after notification. The assessment must consider the worker's specific role and the hazards they are exposed to in that role. A generic assessment that does not address the worker's specific duties is not adequate. The assessment should be carried out in consultation with the worker, who is best placed to describe the physical demands of her role and any specific concerns she has about her working conditions. ### Step 2: Implement Control Measures Where the risk assessment identifies a risk to the pregnant worker, the employer must implement control measures to eliminate or reduce the risk. The hierarchy of control applies: the employer should first consider whether the risk can be eliminated, then whether it can be reduced through engineering controls or changes to working methods, and finally whether personal protective equipment can provide adequate protection. In practice, the most common control measures for pregnant workers on construction sites include: - Removing the worker from tasks involving heavy manual handling - Providing alternative duties that do not involve working at height - Providing seating where the worker is required to stand for extended periods - Adjusting working hours to reduce fatigue - Providing additional rest breaks ### Step 3: Adjust Working Conditions or Hours If the risk cannot be adequately controlled through other measures, the employer must temporarily adjust the worker's working conditions or hours of work to avoid the risk. This might mean reassigning the worker to a different role on site, moving them to office-based work, or reducing their working hours. ### Step 4: Provide Alternative Work If it is not technically or objectively feasible to adjust the worker's working conditions or hours, the employer must provide the worker with suitable alternative work. The alternative work must be appropriate to the worker's skills and competencies and must not expose her to the risks identified in the assessment. ### Step 5: Grant Health and Safety Leave If no suitable alternative work is available, the employer must grant the worker health and safety leave. Health and safety leave is a form of paid leave that is distinct from sick leave and maternity leave. The employer pays the worker's normal wages for the first 21 days of health and safety leave; after that, the worker may be entitled to Health and Safety Benefit from the Department of Social Protection, subject to PRSI contributions. --- ## Night Work The General Application Regulations 2007 provide additional protections for pregnant workers and new mothers who work at night. Where a medical practitioner certifies that night work is not suitable for a pregnant worker or a new mother, the employer must transfer the worker to day work. If this is not possible, the employer must grant health and safety leave for the duration of the night work period. --- ## Maternity Leave and Health and Safety Leave: The Difference Health and safety leave is not the same as maternity leave. Maternity leave is a statutory entitlement under the Maternity Protection Act 1994 that begins at a fixed point before the expected date of birth. Health and safety leave is a separate entitlement that arises where a pregnant worker cannot safely continue in her current role and no suitable alternative work is available. A worker may take health and safety leave before her maternity leave begins if the circumstances require it. --- ## Practical Considerations for Construction Employers Construction sites present particular challenges for managing the risks to pregnant workers, because many of the core activities on a construction site (manual handling, working at height, operating plant) are difficult to carry out safely during pregnancy. In practice, many pregnant workers on construction sites will need to be reassigned to alternative duties relatively early in their pregnancy. Employers should plan for this possibility in advance, rather than waiting until a worker notifies them of pregnancy. Having a clear policy on how pregnant workers will be managed, and having identified in advance what alternative duties might be available, will make it easier to respond promptly and appropriately when notification is received. The key point is that the employer's obligations are triggered by notification, not by the employer's knowledge of the pregnancy. Once a worker notifies the employer, the employer must act promptly. Delay in carrying out the risk assessment or implementing control measures is a breach of the Regulations and could expose the employer to enforcement action by the HSA and to civil liability if the worker or her child suffers harm as a result. --- If you need help carrying out a risk assessment for a pregnant worker on your construction site, or if you need advice on the steps you are required to take under the General Application Regulations 2007, Safety Check can assist. [Contact us](/contact) for practical guidance.