The Management of Health and Safety at Work Regulations 1999

[^key-bb2a2897609a964d74bb6c9c668f68f4]: Words in reg. 3(3) substituted (1.10.2015) by The Deregulation Act 2015 (Health and Safety at Work) (General Duties of Self-Employed Persons) (Consequential Amendments) Order 2015 (S.I. 2015/1637), art. 1, Sch. para. 6(b)

[^key-bbb822ea0ec8be27eea5999c5b0426cd]: Reg. 3 applied (W.) (22.8.2020) by S.I. 2020/725, reg. 14A(5)(a) (as inserted by The Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) (No. 6) Regulations 2020 (S.I. 2020/884), regs. 1, 2(5) (with reg. 3))

[^key-ef2b3ab1f6f419240a3c5fd739c9c331]: Reg. 3 applied (temp.) (W.) (9.11.2020) by The Health Protection (Coronavirus Restrictions) (No. 4) (Wales) Regulations 2020 (S.I. 2020/1219), regs. 1(3), 47(6)(a) (with reg. 3)

[^key-d3abb67cf3c47241249297f981dee79f]: Reg. 3 modified (W.) (20.1.2021) by S.I. 2020/1609, reg. 16(4) (as inserted by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) Regulations 2021 (S.I. 2021/57), regs. 1(2), 2(2)(b))

[^key-710e64df8022aa663d0225cd5f3ed8c2]: Reg. 3 applied (temp.) (E.) (29.3.2021) by The Health Protection (Coronavirus, Restrictions) (Steps) (England) Regulations 2021 (S.I. 2021/364), regs. 1(2), 6(2) (with reg. 21)

[^key-6d2eae26080674a68d4c9b4be680e20a]: Reg. 3 applied (with modifications) (W.) (21.6.2021) by S.I. 2020/1609, reg. 16(4)(5) (as substituted by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 13) Regulations 2021 (S.I. 2021/722), regs. 1(2), 2(2))

[^key-210f8bcd69ad7ca51051d9daa82b3180]: Reg. 3 applied (temp.) (W.) (20.12.2020) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) Regulations 2020 (S.I. 2020/1609), regs. 1(3), 57(8)(a) (with reg. 3) (as amended: (19.12.2020 at 11.59 p.m.) by S.I. 2020/1610, regs. 1(2), 2(2); (7.8.2021 at the beginning of the day) by S.I. 2021/925, regs. 1(2), 2(2); and (25.11.2021) by S.I. 2021/1304, regs. 1(2), 2)

Restriction of civil liability for breach of statutory duty

Alteration of working conditions in respect of new or expectant mothers (agency workers)

16A

• (1) Where, in the case of an individual agency worker, the taking of any other action the hirer is required to take under the relevant statutory provisions would not avoid the risk referred to in regulation 16(1) the hirer shall, if it is reasonable to do so, and would avoid such risks, alter her working conditions or hours of work.

• (2) If it is not reasonable to alter the working conditions or hours of work, or if it would not avoid such risk, the hirer shall without delay inform the temporary work agency, who shall then end the supply of that agency worker to the hirer.

• (3) In paragraphs (1) and (2) references to risk, in relation to risk from any infectious or contagious disease, are references 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.

Certificate from registered medical practitioner in respect of new or expectant mothers

Certificate from registered medical practitioner in respect of new or expectant mothers (agency workers)

17A

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 hirer shall without delay inform the temporary work agency, who shall then end the supply of that agency worker to the hirer.

Notification by new or expectant mothers

Notification by new or expectant mothers (agency workers)

18A

• (1) Nothing in regulation 16A(1) or (2) shall require the hirer to take any action in relation to an agency worker until she has notified the hirer in writing that she is pregnant, has given birth within the previous six months, or is breastfeeding.

• (2) Nothing in regulation 16A(2) shall require the temporary work agency to end the supply of the agency worker until she has notified the temporary work agency in writing that she is pregnant, has given birth within the previous six months, or is breastfeeding.

• (3) Nothing in regulation 16A(1) shall require the hirer to maintain action taken in relation to an agency worker—

• (a) in a case—

• (i) to which regulation 16A(1) relates; and

• (ii) where the agency worker has notified the hirer, that she is pregnant, where she has failed, within a reasonable time of being requested to do so in writing by the hirer, to produce for the hirer's inspection a certificate from a registered medical practitioner or a registered midwife showing that she is pregnant; or

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

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

Agency workers: general provisions

18AB

• (1) Without prejudice to any other duties of the hirer or temporary work agency under any enactment or rule of law in relation to health and safety at work, regulation 16A, 17A and 18A shall not apply where the agency worker—

• (a) has not completed the qualifying period, or

• (b) is no longer entitled to the rights conferred by regulation 5 of the Agency Workers Regulations 2010 pursuant to regulation 8(a) or (b) of those Regulations.

• (2) Nothing in regulations 16A or 17A imposes a duty on the hirer or temporary work agency beyond the original intended duration, or likely duration of the assignment, whichever is the longer.

• (3) This regulation, and regulations 16A, 17A and 18A do not apply in circumstances where regulations 16, 17 and 18 apply.

• (4) For the purposes of this regulation and regulations 16A, 17A or 18A the following have the same meaning as in the Agency Workers Regulations 2010—

• “agency worker”;

• “assignment”;

• “hirer”;

• “qualifying period”;

• “temporary work agency”.

Protection of young persons

Exemption certificates

Provisions as to liability

Restriction of civil liability for breach of statutory duty

Extension outside Great Britain

Amendment of the Health and Safety (First-Aid) Regulations 1981

Amendment of the Offshore Installations and Pipeline Works (First-Aid) Regulations 1989

Amendment of the Mines Miscellaneous Health and Safety Provisions Regulations 1995

Amendment of the Construction (Health, Safety and Welfare) Regulations 1996

Regulations to have effect as health and safety regulations

Revocations and consequential amendments

Transitional provision