Explanatory Note

(This note is not part of the Order)

This Order (in combination with the Management of Health and Safety at Work Regulations 1992 (S.I. 1992/2051) (as amended by the Management of Health and Safety at Work (Amendment) Regulations 1994 (S.I. 1994/2865)) (collectively referred to as“the 1992 Regulations”)) gives effect, in Great Britain, to Articles 5(2) and 7(2) 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.

The Order specifies the requirements imposed by the 1992 Regulations so that, by virtue of section 45(1) of the Employment Protection (Consolidation) Act 1978 (c. 44), where an employee is suspended from work in consequence of any of those requirements, she will have rights under section 46 (right to offer of alternative work) and section 47(right to remuneration on suspension) of that Act.