S.L. 646.5 Art. 4Employer’s responsibilities.

(1) Before assigning work to any pregnant or breastfeeding worker or to a mother, an employer shall assess the nature and degree of any hazard present at his workplace, together with the anticipated duration of exposure, as well as the resultant risks to the health and safety of the female concerned, as well as to the safety of her pregnancy or of the child in the case of a breastfeeding worker: Provided that such an assessment shall also include, but shall not be limited to, an assessment of the hazards and the resultant risks to the physical and mental health of the worker and to the safety of the pregnancy arising from the industrial processes used, and from the presence of any chemical, physical or biological agent used at the employer’s place of work: Provided further that such an assessment shall also include an assessment of the risks which may arise from any particular posture, movement or lifting activity which has to be carried out by any pregnant worker, mother or breastfeeding worker so as to carry out the work or the task assigned to her.

(2) Without prejudice to the generality of subregulation (1) and its provisions, a non-exhaustive list of agents for which an assessment must be carried out, is shown in the First Schedule.

(3) An employer shall under no circumstance require a pregnant worker to perform duties for which the assessment has revealed a risk of exposure to the agents, processes or working conditions listed in Section A of the Second Schedule, or when so directed by the Occupational Health and Safety Authority appointed under the Health and Safety at Work Act in the sole interests of health and safety.

(4) An employer shall under no circumstance require a breastfeeding worker to perform duties for which the assessment has revealed a risk of exposure to the agents, processes or working conditions listed in Section B of the Second Schedule, or when so directed by the Occupational Health and Safety Authority appointed under the Health and Safety at Work Act in the sole interests of health and safety.