FSA Pregnancy and Breastfeeding Guidance Document v1 23.02.23
Pregnancy Guidelines based on the Code of Practice on the Protection of Employees During Pregnancy and After the Birth of a Child as required under the Basic Conditions of Employment Act No.75 of 1997. Please note, this is only a guidance document. You are responsible for how the Code is implemented into company policies and procedures.
Section 8 of the Occupational Health and Safety Act (OHSA) 85 of 1993 places an obligation on employers to protect the health of employees who are exposed to hazards at work. This is based on the risk management approach of identifying the hazards present in the workplace, determining the risks associated with exposure to these hazards, and implementing protective measures to protect the health of workers against the impact of these hazards.
To this end, employers should also recognise that the vulnerability of certain groups or individuals to hazards needs to be considered in the management of these risks. In the 2020 document from FAO and WHO “Guidelines for personal protection when handling and applying pesticide – International Code of Conduct on Pesticide Management”, vulnerable groups in this particular regard are defined as (our emphasis) “persons that include pregnant and nursing women, the unborn, infants and children, the elderly, HIV/AIDS affected people and, when subject to high exposure to pesticides over the long term, workers and residents.”
Section 6 of the Employment Equity Act (EEA) 55 of 1998 prohibits unfair employment practice discrimination on grounds of pregnancy, while section 26 of the Basic Conditions of Employment Act (BCEA) 75 of 1997 prohibits a pregnant or breastfeeding woman from performing tasks hazardous to her health or the health of her child. Furthermore, employers are compelled to, during an employee’s pregnancy and for a period of six months after the birth of her child, offer her suitable alternative employment on terms and conditions that are no less favourable than her ordinary terms and conditions of employment.
In terms of Section 87(2) of the BCEA, a Code of Good Practice on the Protection of Employees During Pregnancy and After the Birth of a Child was published in 1997 (the Code). The Code lists the hazards that need to be identified and assessed for the protection of pregnant and breastfeeding employees at work as:
1. Physical hazards
2. Ergonomic hazards
3. Chemical hazards
4. Biological hazards
This Pregnancy and Breastfeeding Guidance document is particularly concerned with issues related to the protection of pregnant and breastfeeding employees against chemical hazards at work, and only this aspect will be addressed in this guidance document.
click here to download FSA Pregnancy Guidelines
