# The Management of Health and Safety at Work (Amendment) Regulations 1994, Note: Explanatory note


(This note is not part of the Regulations)
1 These Regulations amend the Management of Health and Safety at Work Regulations 1992 (the principal Regulations) so that they give effect in Great Britain, in combination with certain provisions of the Trade Union Reform and Employment Rights Act 1993(c. 19) to Articles 4 to 7 of Council Directive 92/85/EEC (OJ No. L348, 28.11.92, p.1) 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.
2 The Regulations amend regulation 1(2) of the principal Regulations by adding a definition of “new or expectant mother” and other definitions.
3 The Regulations add a new regulation 13A to the principal Regulations which—
(a) by paragraph (1), provides that an assessment of risk to health and safety at work made by an employer under regulation 3(1) shall include, in certain circumstances, an assessment of risk, by reason of her condition, to the health and safety of a new or expectant mother from any processes or working conditions, or physical, biological or chemical agents;
(b) by paragraphs (2) and (3), prescribes steps which an employer must take to avoid the risk; and
(c) by paragraph (4) describes the meaning of “risk” in the regulation.
4 The Regulations add a new regulation 13B to the principal Regulations which requires an employer of a new or expectant mother who works at night, where a medical certificate shows it to be necessary for her health and safety that she should not be at work, to suspend her from work if there is no suitable daytime work.
5 The Regulations add a new regulation 13C to the principal Regulations which limits the circumstances in which the duties imposed by regulation 13A(2) and (3) and 13B subsist.
6 The Regulations amend regulation 14 of the principal Regulations so as to exclude regulations 13A to C from the requirements of the principal Regulations from which an exemption may be given in the interests of national security.
7 The Regulations amend regulation 15 of the principal Regulations by excepting, from the exclusion of a right of action for breach of a duty imposed by the principal Regulations, a duty imposed on an employer to the extent that it relates to risk referred to in regulation 13A(1) to an employee.

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Source: https://www.legislation.gov.uk/uksi/1994/2865/note (the official version)
Page: https://openlegislation.uk/management-of-health-and-safety-at-work-amendment-regulations-1994/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.