Protection Of Pregnant Workers Regulations, 1996


Published: 1996-02-01

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I ASSENT Factories PROTECTION OF PREGNANT WORKERS REGULATIONS, 1996
© Government of Gibraltar (www.gibraltarlaws.gov.gi)
Subsidiary
1996/012
1956-12

Regulations made under ss. 58 and 81.


PROTECTION OF PREGNANT WORKERS
REGULATIONS, 1996

(LN. 1996/012)
1.2.1996

Amending
enactments
Relevant current
provisions
Commencement
date

LN. 1996/017 – 1.2.1996
2015/143 rr. 2, Sch. 4.9.2015

EU Legislation/International Agreements involved:
Directive 92/85/EEC

_______________________


ARRANGEMENT OF REGULATIONS.

Regulation

1. Title and commencement.
2. Interpretation.
3. Women of child-bearing age.
4. Right to offer of alternative work.

SCHEDULE
THIS SCHEDULE REPRODUCES ANNEXES I AND II OF
DIRECTIVE 92/85/EEC

Factories PROTECTION OF PREGNANT WORKERS REGULATIONS, 1996
© Government of Gibraltar (www.gibraltarlaws.gov.gi)
Subsidiary
1996/012
1956-12
Factories PROTECTION OF PREGNANT WORKERS REGULATIONS, 1996
© Government of Gibraltar (www.gibraltarlaws.gov.gi)
Subsidiary
1996/012
1956-12

In exercise of the powers conferred on him by sections 58 and 81 of the
Factories Act, and of all other enabling powers and for the purpose of
transposing into the national law of Gibraltar Council Directive
92/85/EEC, the Governor has made the following regulations —

Title and commencement.

1.(1) These Regulations may be cited as the Protection of Pregnant
Workers Regulations, 1996 and, subject to subregulation (2), shall come
into effect on the 1st day of February, 1996.

(2) Where on the effective date of these Regulations a person is an
employer, who, by virtue of the Act or the Management of Health and
Safety at Work Regulations, 1996, is to be treated as an employer for the
purposes of these Regulations, to whom regulation 3(1) applies it shall be
deemed sufficient compliance with that regulation by that person if he shall
have complied with it by the 1st day of May, 1996.

Interpretation.

2.(1) In these Regulations–

“Annex” means an annex to Council Directive 92/85/EEC on the
introduction of measures to encourage improvements in the safety
and health at work of pregnant workers and workers who have
recently given birth or are breastfeeding, which is reproduced for
information purposes in the Schedule;

“Article” without more, means an article of Council Directive
92/85/EEC;

“given birth” means delivered of a living child or, after twenty-four
weeks of pregnancy, a still born child;

“new or expectant mother” means an employee who is pregnant, who has
given birth within the previous six months, or who is breastfeeding;

“registered” in relation to a medical practitioner or midwife, means
registered in accordance with the Medical and Health Act.

(2) Terms defined in the Management of Health and Safety at Work
Regulations, 1996 shall in these Regulations bear the meaning given to them
in those regulations.

(3) The provisions of these Regulations are relevant statutory provisions.

Factories PROTECTION OF PREGNANT WORKERS REGULATIONS, 1996
© Government of Gibraltar (www.gibraltarlaws.gov.gi)
Subsidiary
1996/012
1956-12
Women of child-bearing age.

3.(1) Where–

(a) the persons working in an undertaking include women of child-
bearing age; and

(b) the work is of a kind which could involve risk, by reason of her
condition, to the health and safety of a new or expectant mother,
or to that of her baby, from any processes or working conditions,
or physical, biological or chemical agents, including those
specified in Annexes I and II of Council Directive 92/85/EEC on
the introduction of measures to encourage improvements in the
safety and health at work of pregnant workers and workers who
have recently given birth or are breastfeeding,

the assessment required by regulation 7(1) of the Management of Health and
Safety at Work Regulations, 1996 shall also include an assessment of such
risk.

(2) Where, in the case of an individual employee, the taking of any other
action the employer is required to take under the relevant statutory
provisions would not avoid the risk referred to in subregulation (1) the
employer shall, if it is reasonable to do so, and would avoid such risks, alter
the working conditions or hours of work of that employee.

(3) If it is not reasonable to alter the working conditions or hours of
work, or if it could not avoid such risk, the employer shall, subject to
regulation 4, suspend the employee from work for so long as is necessary to
avoid such risk.

(4) In subregulations (1) to (3) reference to risk, in relation to risk from
any infectious or contagious disease, is reference to a level of risk at work
which is in addition to the level to which a new or expectant mother may be
expected to be exposed outside the workplace.

(5) Where–

(a) a new or expectant mother works at night; and

(b) a certificate from a registered medical practitioner or a registered
midwife shows that it is necessary for her health or safety that
she should not be at work for any period of such work identified
in the certificate,

the employer shall, subject to regulation 4, suspend her from work for so
long as is necessary.
Factories PROTECTION OF PREGNANT WORKERS REGULATIONS, 1996
© Government of Gibraltar (www.gibraltarlaws.gov.gi)
Subsidiary
1996/012
1956-12

(6) Nothing in subregulation (2) or (3) shall require the employer to take
any action in relation to an employee until she has notified the employer in
writing that she is pregnant, has given birth within the previous six months,
or is breastfeeding.

(7) Nothing in subregulation (2), (3) or (5) shall require the employer to
maintain action taken in relation to an employee–

(a) in a case–

(i) to which subregulation (2) or (3) relates; and

(ii) where the employee has notified her employer that she is
pregnant,

where she has failed, within a reasonable time of being
requested to do so in writing by her employer, to produce for her
employer’s inspection a certificate from a registered medical
practitioner or a registered midwife showing that she is
pregnant;

(b) once the employer knows that she is no longer a new or
expectant mother; or

(c) if the employer cannot establish whether she remains a new or
expectant mother.

Right to offer of alternative work.

4.(1) Where an employer has available suitable alternative work for an
employee that employee has a right to be offered to be provided with it
before being suspended under regulation 3(3) or (5).

(2) For alternative work to be suitable for an employee for the purposes
of this regulation–

(a) the work must be of a kind which is both suitable in relation to
her and appropriate for her to do in the circumstances; and

(b) the terms and conditions applicable to her for performing the
work, if they differ from the corresponding terms and conditions
applicable to her for performing the work she normally performs
under her contract of employment, must not be substantially less
favourable to her than those corresponding terms and conditions.
Factories PROTECTION OF PREGNANT WORKERS REGULATIONS, 1996
© Government of Gibraltar (www.gibraltarlaws.gov.gi)
Subsidiary
1996/012
1956-12
SCHEDULE

THIS SCHEDULE REPRODUCES ANNEXES I AND II OF
DIRECTIVE 92/85/EEC


ANNEX I
NON-EXHAUSTIVE LIST OF AGENTS, PROCESSES AND
WORKING CONDITIONS

referred to in Article 4 (1)

A. Agents

1. Physical agents where these are regarded as agents causing foetal lesions
and/or likely to disrupt placental attachment, and in particular:

(a) shocks, vibration or movement;

(b) handling of loads entailing risks, particularly of a dorsolumbar
nature;

(c) noise;

(d) ionizing radiation 1 ;

(e) non-ionizing radiation;

(f) extremes of cold or heat;

(g) movements and postures, travelling — either inside or outside
the establishment — mental and physical fatigue and other
physical burdens connected with the activity of the worker
within the meaning of Article 2 of the Directive.

2. Biological agents

Biological agents of risk groups 2, 3 and 4 within the meaning of points 2, 3
and 4 of second paragraph of Article 2 of Directive 2000/54/EC of the
European Parliament and of the Council ( 7 ), in so far as it is known that
such agents or the therapeutic measures necessitated by them endanger the
health of pregnant women and the unborn child, and in so far as they do not
yet appear in Annex II.
1 SEE DIRECTIVE 80/836/EURATOM (OJ NO L 246, 17.9.1980, P. 1).

Factories PROTECTION OF PREGNANT WORKERS REGULATIONS, 1996
© Government of Gibraltar (www.gibraltarlaws.gov.gi)
Subsidiary
1996/012
1956-12

3. Chemical agents

The following chemical agents in so far as it is known that they endanger the
health of pregnant women and the unborn child and in so far as they do not
yet appear in Annex II:

(a) substances and mixtures which meet the criteria for
classification under Regulation (EC) No 1272/2008 of the
European Parliament and of the Council ( 8 ) in one or more of
the following hazard classes and hazard categories with one or
more of the following hazard statements, in so far as they do not
yet appear in Annex II:

— germ cell mutagenicity, category 1A, 1B or 2 (H340,
H341);

— carcinogenicity, category 1A, 1B or 2 (H350, H350i,
H351);

— reproductive toxicity, category 1A, 1B or 2 or the
additional category for effects on or via lactation (H360,
H360D, H360FD, H360Fd, H360Df, H361, H361d,
H361fd, H362);

— specific target organ toxicity after single exposure,
category 1 or 2 (H370, H371);

(b) chemical agents in Annex I to Directive 2004/37/EC of the
European Parliament and of the Council

B. Processes

Industrial processes listed in Annex I to Directive 2004/37/EC.

C. Working conditions

Underground mining work.

ANNEX II

NON-EXHAUSTIVE LIST OF AGENTS AND WORKING
CONDITIONS

referred to in Article 6
Factories PROTECTION OF PREGNANT WORKERS REGULATIONS, 1996
© Government of Gibraltar (www.gibraltarlaws.gov.gi)
Subsidiary
1996/012
1956-12

A. Pregnant workers within the meaning of Article 2(a)

1. Agents

(a) Physical agents

Work in hyperbaric atmosphere, e.g. pressurized enclosures and underwater
diving.

(b) Biological agents

The following biological agents:

— toxoplasma,

— rubella virus,

unless the pregnant workers are proved to be adequately protected against
such agents by immunization.

(c) Chemical agents

Lead and lead derivatives in so far as these agents are capable of being
absorbed by the human organism.

2. Working conditions

Underground mining work.

B. Workers who are breastfeeding within the meaning of Article 2(c)

1. Agents

(a) Chemical agents

Lead and lead derivatives in so far as these agents are capable of being
absorbed by the human organism.

2. Working conditions

Underground mining work.

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