This Regulation is enacted on the basis of Section 10(3) of the Occupational Health and Safety Act.
§ 1. Scope
(1) The Regulation applies to work performed by pregnant women and women who are breastfeeding (‘female workers’), to ensure they have a safe working environment.
(2) The occupational health and safety requirements set out in the Regulation apply when the female worker has informed her employer of her condition. At the employer’s request, the female worker must present a certificate from a doctor or midwife confirming her condition.
[RT I 2010, 12, 68 — entry into force 1 April 2010]
§ 2. Employer’s obligations in ensuring a safe working environment
The employer is required:
1) to assess the risks to the female worker’s health posed by any agents, work or production processes referred to in Section 6 and with which she may come into contact, in terms of their nature, level and duration, as well as any possible effect they may have on the outcome of the pregnancy or the health of the child being breastfed;
2) to assess any possible exposure of the female worker to the hazards or work referred to in Sections 4 and 5;
3) if the assessment referred to in indent 1 or 2 identifies a risk or if the female worker is or will be exposed to the hazards or work referred to in Sections 4 and 5, to take the measures referred to in Section 3 in consultation with the female worker and, where necessary, with a doctor or midwife;
[RT I 2010, 12, 68 — entry into force 1 April 2010]
4) to inform the female worker of the results of the risk assessment and the measures to be taken to ensure she has a safe working environment;
5) to allow use of a relaxation room where there is the possibility to lie down;
6) to apply indents 1–4 and Sections 3 and 6 also to female workers who are entitled to pregnancy and maternity leave but who are not breastfeeding.
§ 3. Measures to ensure a safe working environment
(1) In order to ensure a safe working environment for a female worker, the employer must temporarily give her work appropriate to her condition and which avoids exposure to danger, by taking the following measures:
1) easing her working conditions;
2) changing her work schedule, including shortening her working day, enabling her to take suitable rest periods and transferring her to daytime work;
3) changing her duties; or
4) other appropriate measures.
(2) If it is not possible for the employer to give the female worker work appropriate to her condition, the female worker may temporarily refuse to perform her duties. When giving work appropriate to the female worker’s condition or if the female worker temporarily refuses to perform her duties, the female worker shall be paid compensation in accordance with the conditions and procedures laid down in the Health Insurance Act.
§ 4. Work which is not permitted for pregnant women
The employer may not permit a pregnant woman to work above all:
1) if there is a risk of contracting rubella, unless the pregnant woman is proved to be adequately protected against rubella through immunity;
2) if there is a risk of contracting toxoplasmosis, unless the pregnant woman is proved to be adequately protected against toxoplasmosis through immunity;
3) in conditions of high air pressure;
4) with lead or lead compounds;
5) underground.
§ 5. Work which is not permitted for women who are breastfeeding
The employer may not permit a woman who is breastfeeding to work above all:
1) with lead or lead compounds;
2) underground.
§ 6. Agents, work and work processes which must be taken into account when assessing health risks posed to a female worker
(1) When assessing the health risks posed to a female worker, the employer is required above all to take account of the following physical agents:
1) shocks, vibration and work equipment that causes them;
2) noise;
3) harmful radiation;
4) constant high or low air temperature.
(2) When assessing the health risks posed to a female worker, the employer is required above all to take account of the following chemical agents:
1) substances and mixtures in respect of which, under Regulation (EC) No 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006 (OJ L 353, 31.12.2008, p. 1), one or more hazard statements correspond to the criteria for one or more of the following hazard classes and hazard categories: germ cell mutagenicity, category 1A, 1B or 2 (H340, H341); carcinogenicity, category 1A, 1B or 2 (H350, H350i, H351); 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); specific target organ toxicity after single exposure, category 1 or 2 (H370, H371);
[RT I, 26.03.2015, 5 — entry into force 1 June 2015]
2) mercury or its compounds;
3) substances that slow cell division, for example cytostatic medicines, in particular in the event of interaction with ionising radiation;
4) carbon monoxide;
5) organic solvents;
6) chemicals that have a harmful effect on health through the skin.
[RT I, 26.03.2015, 5 — entry into force 1 June 2015]
(3) When assessing the health risks posed to a female worker, the employer is required above all to take account of biological agents of hazard groups 2, 3 and 4 as set out in Government of the Republic Regulation No 144 of 5 May 2000 on the occupational health and safety requirements for working environments affected by biological agents, if it is known that these agents or the measures taken to treat health disorders caused by these agents endanger the health of the pregnant woman or the foetus and if they are not referred to in Section 4 of this Regulation.
[RT I, 26.03.2015, 5 — entry into force 1 June 2015]
(4) When assessing the health risks posed to a female worker, the employer is required above all to take account of the following physiological agents:
1) manual handling of loads;
2) constraining postures or movements that cause physical tiredness or over-exertion, including constant work in a standing or seated position, a rapid work tempo or other similar factors.
(5) When assessing the health risks posed to a female worker, the employer is required above all to take account of the following psychological risk factors:
1) work causing mental exhaustion, including highly focused work;
2) isolated work;
3) monotonous work.
(6) When assessing the health risks posed to a female worker, the employer is required to take account of the processes giving rise to a carcinogenic hazard referred to in Section 2 of Government of the Republic Regulation No 308 of 15 December 2005 on occupational health and safety requirements for the handling of carcinogenic and mutagenic chemicals, and of the substances or mixtures released during those processes.
[RT I, 26.03.2015, 5 — entry into force 1 June 2015]
(7) When assessing the health risks posed to a female worker, the employer is required above all to take account of the following work:
1) work involving a risk of falling from a height;
2) underground work.
§ 7. Entry into force of this Regulation
This Regulation shall enter into force on 1 July 2009.
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