Safety, Health and Welfare at Work (General Application) Regulations 2007

Schedule 8

Lists of Agents, Processes and Working Conditions Relating to Pregnant, Post Natal and Breastfeeding Employees

Regulations 147, 149

Part A — Pregnant, post natal and breastfeeding employees

1. Agents

(a) Physical agents

Physical agents where these are regarded as agents causing foetal lesions or likely to disturb placental attachment (or both), and in particular—

(i) shocks, vibration or movement,

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

(iii) noise,

(iv) ionising radiation,

(v) non-ionising radiation,

(vi) extremes of cold or heat,

(vii) movements and postures, travelling, either inside or outside the place of work, mental or physical fatigue and other physical burdens connected with the activity of the employee.

(b) Biological Agents

Biological agents of F103[group 2 biological agent, group 3 biological agent and group 4 biological agent (within the meaning of Regulation 2 of the Regulations of 2013),] in so far as it is known that these agents or the therapeutic measures necessitated by such agents endanger the health of pregnant employees and the unborn child F103[and in so far as they do not yet appear in Part B , or Part C, of this Schedule].

(c) Chemical Agents

The following chemical agents insofar as it is known that they endanger the health of pregnant employees and the unborn child but excluding those referred to in Part B F104[, or Part C,] of this Schedule—

F103[(i) substances and mixtures which meet the criteria for classification under Regulation (EC) No. 1272/2008 of the European Parliament and of the Council2 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 Part B, or Part C, of this Schedule:

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

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

(III) 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), and

(IV) specific target organ toxicity after single exposure, category 1 or 2 (H370, H371),, and]

(ii)  Substances and F103[mixtures] referred to in Schedule 1 to the Safety, Health and Welfare at Work (Carcinogens) Regulations 2001 (S.I. No. 78 of 2001) F104[(amended by the Safety, Health and Welfare at Work (Carcinogens) (Amendment) Regulations 2015 (S.I. No. 622 of 2015))],

(iii) Substances and F103[mixtures] released by a process referred to in Schedule 1 to the Safety Health and Welfare at Work (Carcinogens) Regulations 2001 (S.I. No. 78 of 2001) F104[(amended by the Safety, Health and Welfare at Work (Carcinogens) (Amendment) Regulations 2015 (S.I. No. 622 of 2015))],

(iv) mercury and mercury derivatives,

(v) antimitotic (cytotoxic) drugs,

(vi) carbon monoxide,

(vii) chemical agents of known and dangerous percutaneous absorption.

2. Processes

Industrial processes listed in Schedule 1 to the Safety, Health and Welfare at Work (Carcinogens Regulations 2001 (S.I. No. 78 of 2001) F104[(amended by the Safety, Health and Welfare at Work (Carcinogens) (Amendment) Regulations 2015 (S.I. No. 622 of 2015))].

3. Working Conditions

Underground mining work.

Annotations

Amendments:

F103

Substituted (18.02.2016) by Safety, Health and Welfare at Work (General Application) (Amendment) (No. 2) Regulations 2016 (S.I. No. 70 of 2016), reg. 6(1)(a), (c), (d)(i)(I), (d)(ii)(I).

F104

Inserted (18.02.2016) by Safety, Health and Welfare at Work (General Application) (Amendment) (No. 2) Regulations 2016 (S.I. No. 70 of 2016), reg. 6(1)(b), (d)(i)(II), (d)(ii)(II), (2).

2 O.J. No. L353, 31.12.2008, p.1

Part B — Pregnant employees

1. Agents

(a) Physical Agents

Work in hyperbaric atmosphere, such as in pressurised enclosures and underwater diving.

(b) Biological Agents

The following biological agents—

Toxoplasma

Rubella virus,

unless the pregnant employees are proved to be adequately protected against such agents by immunisation.

(c) Chemical Agents

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

2. Working Conditions

Underground mining work.

Part C — Employees who are breastfeeding

1. Agents

Chemical Agents

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

2. Working Conditions

Underground mining work.