The same duty — applied to a worker who may be more at risk
Under the HSWA your duty is to protect all workers so far as is reasonably practicable, and WorkSafe lists new and expectant mothers among the workers who can be more at risk from some workplace hazards. When a worker tells you she is pregnant, breastfeeding or recently pregnant, the practical step is to reassess the risks for her role with her, then eliminate or minimise them — adjusting tasks, hours or duties where needed. This is the health and safety side; parental leave, pay and protection from discrimination are employment matters handled elsewhere.
The Health and Safety at Work Act 2015 requires PCBUs to give workers the highest level of protection from work risks that is reasonably practicable. That duty isn't one-size-fits-all — it takes account of workers who may be more vulnerable, and WorkSafe specifically names new and expectant mothers among those who can be more at risk. New Zealand doesn't have a single dedicated code for pregnancy at work, so this is about applying the general duty thoughtfully — much as regulators in Australia and the UK set out in their dedicated guidance.
| Hazard | Why it matters in pregnancy or while breastfeeding |
|---|---|
| Hazardous substances | Some substances are especially harmful to a developing baby — lead is a clear example — and exposure can pass through breast milk. Review your hazardous substances against the role. |
| Manual handling | Lifting, carrying and awkward postures carry more risk as pregnancy progresses. See manual handling. |
| Standing, fatigue & hours | Prolonged standing, long hours and night work add strain. See fatigue management. |
| Stress, violence & infection | Work-related stress, the threat of violence, and infectious agents (for example in healthcare) all warrant a closer look. See psychosocial hazards. |
Other factors worth checking include working in heat, whole-body vibration, and any work that involves a real risk of falls or trauma to the abdomen.
The approach is the same risk-management cycle you already use, focused on this worker. Talk with her — she knows her role and how she is feeling. Reassess the risks of her specific tasks, and eliminate what you can, then minimise the rest: adjust the task, change the hours or pace, or provide suitable temporary alternative duties where a risk can't be controlled. Provide the facilities she needs, including somewhere to rest and a clean, private space to breastfeed or express milk. Then keep reviewing — risks change through pregnancy and again after she returns to work.
This guide covers the health and safety duty — controlling workplace risks. It is not about parental leave, pay, or protection from discrimination, which are employment matters dealt with under different law and agencies (Employment New Zealand and business.govt.nz). Handle the two together in practice, but keep the distinction clear: the H&S question is “is this work safe for her right now, and if not, what do we change?”
Record the role review, adjusted duties and facilities in one place. Book a demo and we'll show you how it works — free 30-day trial included.
Yes. The HSWA duty to protect workers so far as is reasonably practicable applies to all workers, and takes account of those who may be more at risk. WorkSafe specifically lists new and expectant mothers among workers who can be more vulnerable to some workplace hazards.
Talk with her, reassess the health and safety risks of her specific role, and then eliminate or minimise them — adjusting tasks, hours or duties where a risk can't be controlled — and keep reviewing as her pregnancy progresses and after she returns.
Common ones to check are hazardous substances (some are especially harmful to a developing baby and can pass through breast milk), manual handling, prolonged standing and long or night hours, work-related stress and violence, infectious agents, heat and whole-body vibration.
No. Parental leave, pay and protection from discrimination are employment matters dealt with under different law and agencies. This guide is about the health and safety side — controlling the workplace risks for a pregnant, breastfeeding or recently pregnant worker.
Providing suitable facilities is part of your duty — including somewhere to rest and a clean, private space for a worker to breastfeed or express milk. Work out what is reasonable for your workplace with the worker.
