A Maternity Risk Assessment is a statutory document that employers in England and Wales are legally required to complete for every pregnant employee, every employee who has given birth within the previous six months, and every breastfeeding employee. The obligation to carry out such an assessment is imposed by regulation 16 of the Management of Health and Safety at Work Regulations 1999 (MHSWR 1999), which implement the European Pregnant Workers Directive (92/85/EEC) into UK domestic law. The assessment must be individual and specific to the employee’s role: it is not sufficient for an employer to rely on their general risk assessment under regulation 3 MHSWR 1999, which must separately address risks to women of childbearing age in general terms.

The legal framework governing maternity health and safety in England and Wales brings together several intersecting statutes and regulations. The primary obligations arise under the MHSWR 1999, particularly regulations 16 (risk assessment for new and expectant mothers), 17 (night work obligations), and 18 (certificates from registered medical practitioners or midwives). The Employment Rights Act 1996 (ERA 1996) establishes the employee’s rights once a risk has been identified: s.66 prohibits the employer from requiring a new or expectant mother to undertake work that is prohibited or restricted by relevant health and safety legislation; s.67 requires the employer to offer suitable alternative work where the current role presents a risk; and s.68 entitles the employee to receive her normal pay during any period of suspension on maternity grounds. The Equality Act 2010 adds a further layer of protection, rendering pregnancy and maternity a protected characteristic under s.18 and providing uncapped compensation for any unfavourable treatment connected with the employee’s pregnancy.

Additional obligations arise under the Workplace (Health, Safety and Welfare) Regulations 1992, regulation 25 of which requires employers to provide suitable rest facilities for pregnant workers and nursing mothers, including the facility to lie down if required. The Health and Safety (Display Screen Equipment) Regulations 1992 entitle all DSE users (which includes most office workers) to a workstation assessment, and pregnant employees should have their workstation reassessed as their posture changes during pregnancy. The Working Time Regulations 1998 impose specific rules on night work and give pregnant employees particular protections in relation to the hours they can be required to work. The Health and Safety Executive (HSE) publishes detailed guidance on maternity risk assessments in its leaflet ‘Pregnancy: new and expectant mothers at work’ (EIS42), which should be consulted alongside this assessment.

A maternity risk assessment is required immediately after an employer receives written notification that an employee is pregnant, has given birth in the previous six months, or is breastfeeding. The MHSWR 1999 does not specify the exact timeframe within which the assessment must be completed, but the requirement to act ‘promptly’ means that the assessment should normally be completed within a few working days of receiving written notification. Where the employee’s role involves significant or immediate risks (such as exposure to harmful chemicals, ionising radiation, biological agents, or significant manual handling), interim precautionary measures should be taken as soon as the employer is notified verbally, even before the written assessment is complete.

The assessment must be reviewed and updated throughout the pregnancy as the employee’s condition changes. HSE guidance recommends monthly reviews during the third trimester (from week 28 of pregnancy), when the physical demands of many tasks become more difficult and the risk of musculoskeletal injury, falls, and fatigue increases significantly. The assessment must also be reviewed immediately whenever there is a material change in the employee’s health or working conditions: for example, if a new hazard is introduced to the workplace, if the employee’s GP or midwife provides new medical advice, if the employee transfers to a different role or location, or if the employee returns from a period of sickness absence with a pregnancy-related condition.

A fresh assessment (or a review of the existing assessment) is also required after childbirth, when the employee returns from maternity leave, if she is breastfeeding, and at any time during the first six months after childbirth when she is still exposed to workplace hazards. Many of the risks associated with pregnancy (such as exposure to biological agents, certain chemicals, and physical demands) continue to be relevant during breastfeeding, and the MHSWR 1999 applies equally to new mothers and breastfeeding employees as to pregnant workers. An employer who fails to carry out or update a maternity risk assessment when required faces regulatory enforcement by the Health and Safety Executive (HSE), civil claims for personal injury, and unlimited compensation claims under the Equality Act 2010.

A comprehensive maternity risk assessment for England and Wales contains eight essential components. The first is the employer and assessor details: the employer’s legal name and address, and the name and position of the assessor. The assessor must be a competent person under regulation 7 MHSWR 1999 — that is, someone with sufficient training, experience, and knowledge to identify hazards and evaluate risks. In larger organisations this will typically be an HR professional, health and safety officer, or occupational health adviser; in smaller businesses the line manager or the employer themselves may be the competent person.

The second component is the employee’s details: name, job title, department, line manager, the date the employer was notified of the pregnancy, the expected due date (EDD), and the approximate number of weeks pregnant at the date of assessment. The third component is the working conditions assessment: a description of the workplace environment, the employee’s normal working pattern, and a specific assessment of whether the role involves night work, which triggers the special obligations under regulation 17 MHSWR 1999.

The fourth component is the hazard identification section, which should address all the categories of hazard listed in Schedule 1 to the MHSWR 1999 (physical, biological, chemical, and other agents and processes) as well as any role-specific hazards identified by the assessor or reported by the employee. The fifth component is the risk evaluation and control measures: an assessment of the overall risk level and a detailed description of the control measures to be implemented, following the hierarchy of control (elimination, substitution, engineering controls, administrative controls, PPE). This section should also record any adjusted duties agreed with the employee.

The sixth component is the welfare facilities assessment: confirmation that DSE workstation assessment has been carried out or offered, that suitable rest facilities (including the ability to lie down) are available under regulation 25 of the Workplace (Health, Safety and Welfare) Regulations 1992, that toilet facilities are adequate, and that break arrangements are appropriate. The seventh component is the alternative work and suspension record: where the risk cannot be controlled by adjusting duties or hours, the assessment must document the alternative work offered under s.67 ERA 1996 or, where no alternative is available, the suspension on full pay under s.68 ERA 1996. The eighth component is the review schedule and the employee’s acknowledgement, confirming that the assessment was discussed with the employee and that she had the opportunity to raise concerns — a critical element of both compliance and good employment practice.