Maternity protection under the aspect of occupational health and safety

Pregnant women should notify the Human Resources Department of their pregnancy and the estimated due date as soon as they are aware they are pregnant. In order to do so, you can use the notification of an existing pregnancy which you should submit to your institution which then sends it to the Human Resources Department. 

Notifying your employer of the pregnancy as early as possible is in the interest of both the mother and the child, in particular if the pregnant woman works in an area endangering her and the unborn child.

If an expectant mother would like advice on pregnancy-related hazards in her own workplace, she can also contact the Occupational Safety Expert or the Occupational Health Physician.

The Occupational Safety Expert advises department directors to put together a risk assessment according to the Protection of Pregnant Workers Regulations (Verordnung zum Schutz der Mütter am Arbeitsplatz, MuSchRiV), the Maternity Protection Law (Mutterschutzgesetz, MuSchG) and other legal provisions in combination with Sec. 5 of the Occupational Health and Safety Act (Arbeitsschutzgesetz, ArbSchG). It is advisable to instruct the employees on the outcome of the risk assessment. This way, it can be insured that expectant mothers are aware of the risks that some workplaces have.

Expectant and nursing mothers are not allowed to work with substances which are highly toxic, harmful to health, or chronically harmful in any other way if the limit values are exceeded during the required handling of the substances.

Due to the great number of hazardous substances and procedures used at the University of Hohenheim, it is not possible to include a structured and comprehensive overview of these. The H-statements (former R-phrases) listed below include essential information on dangers for expectant and nursing mothers. These H-statements can be found on the container identification or in the safety data sheet.

It may be necessary to compile a list of all substances with which the expectant mother works and to work through them in a specific case, either on the basis of the completed questionnaire: risk assessment for maternity protection or via contact with the Occupational Safety Expert.

For women of childbearing age, there is a general employment prohibition with the following substances if the respective limit value is exceeded:

• Lead
• Lead compounds
• Mercury alkyls
• Antimitotics
• Carbon monoxide

Pursuant to the Maternity Protection Law, expectant mothers are not allowed to handle NEW, UNKNOWN, or UNEXAMINED substances or procedures, if it is unclear whether they are harmful or dangerous for the expectant mother, until this has been assessed.

According to the Radiation Protection Ordinance (Strahlenschutzverordnung, StralSchV) and the X-ray Ordinance (Röntgenschutzverordnung, RöV) expectant or nursing mothers are subject to employment restrictions and access prohibitions.

Radiation experts will inform about this during the regular safety trainings.

Expectant mothers are neither allowed to be in the controlled areas nor to handle radioactive substances which require licensing under nuclear law or radiation protection law. Nursing mothers are not allowed to be in controlled areas in which open radioactive substances are handled.

In order to avoid infections, there are several restrictions regarding tasks to be performed and substances to be handled in place.

• Employment prohibitions
  The following may not be handled at all:
  
  • Toxoplasma
  • Rubella virus
  • Hepatitis virus
  • Measles
  • Mumps
  • Chickenpox
  • HIV virus
    if the sufficient immunization does not exist.

• Employment restrictions

There are restrictions in regard to the handling of biological agents of the risk groups 2 - 4 as defined in article 2(d) of the Directive 90/679/EEC if it is known that these agents or therapeutic measures as a cause of these agents endanger the health of the pregnant employee or the unborn child and if they are not listed under point “Employment prohibitions”.

Expectant mothers are only allowed to lift and carry loads not exceeding a determined maximum load. It also has to be taken into account that pushing or moving loads in other ways may also be straining.

It is allowed to carry a load of

• maximally 5 kg on a regular basis,
• and a load of 10 kg

if only sometimes.

From the beginning of the pregnancy, expectant mothers must have the possibility to sit and rest briefly and to take short work breaks.

From the 6th month on, expectant mothers are only allowed to carry out activities that require them to stand for a maximum of 4 hours per day. Mainly sedentary activities must offer the possibility to take short work breaks.

Expectant mothers must have the possibility to rest in a room where they can lie down during breaks or even during working hours if necessary.

Work stations with display screens must be equipped according to the provisions on workstations with display screens. It is very important that pregnant women maintain a balanced change of position and are able to sit, walk, and stand on a regular basis during their work. This way, prolonged forced postures can be avoided.

Expectant and nursing mothers may not work longer than determined in the working hour regulations. Additionally, they are not allowed to work between 8 p.m. and 6 a.m., on Sundays, or on holidays.

Nursing mothers are entitled to nursing periods of at least half an hour twice a day or one hour once a day. The employer has to make sure that the nursing woman may do so undisturbed and in a suitable room.