Lesson 2.5 · 5 min
Pregnant and breastfeeding employees
Open in the coursewith narrated slides, a checklist to tick off and a quiz
At a glance
- An assessment of its own. For workstations where women are employed, the hazards for pregnant and breastfeeding mothers must also be identified and assessed.
- Not only once a pregnancy is reported. The duty is tied to the workstations where women are employed, not to a reported pregnancy.
- What to consider. For example shocks and vibration, lifting heavy loads, noise, radiation, extreme cold and heat, postures, fatigue, biological and hazardous substances.
- Record it and tell people. Results and measures must be put in writing, and all female employees, or the works council and the safety representatives, must be told about them.
- Review when things change. It must be reviewed with new equipment, substances or methods, with new knowledge, and when the labour inspectorate asks.
In detail
What the Maternity Protection Act adds
Beyond the duties under the ASchG, the employer must, for workstations where women are employed, identify and assess the hazards to the safety and health of pregnant and breastfeeding mothers and their effects on the pregnancy or breastfeeding § 2a(1) MSchG. So the duty is tied to the workstations where women are employed, not to a reported pregnancy.
What to consider
In particular the type, extent and duration of exposure to and strain from § 2a(2) MSchG:
- shocks, vibration or movement;
- moving heavy loads by hand, risky especially for the back and lumbar region;
- noise;
- ionising and non-ionising radiation;
- extreme cold and heat;
- movements and postures, mental and physical fatigue and other physical strain;
- certain biological agents and hazardous substances;
- underground mining work and work in compressed air.
Review, bring in, record
- The assessment must be adjusted as circumstances change, in particular with new equipment, substances or methods, with new knowledge on the state of the art and work design, and when the labour inspectorate asks with good reason § 2a(3) MSchG.
- Where needed, safety specialists and occupational physicians must be brought in; the work can also be given to them § 2a(4) MSchG.
- The results and the measures to be taken must be put in writing, and all female employees, or the works council and the safety representatives, must be told about them § 2a(5) MSchG.
Which measures apply in an individual case, and which employment bans apply, is set out in other provisions of the Maternity Protection Act, which this course doesn't cover.
Checklist
- Workstations where women work have the assessment under § 2a MSchG.
- We have gone through the factors in § 2a(2) MSchG.
- Results and measures are in writing.
- The female employees, or the works council and safety representatives, have been told.
- We review it with new equipment, substances or methods.
Quiz
When does the assessment duty under § 2a MSchG apply?
- For workstations where women are employed
- Only in businesses with a works council
- Only once a pregnancy is reported
- Only in hospitals
Show the answer
The answer is A: For workstations where women are employed. § 2a(1) MSchG requires the assessment for workstations where women are employed, on top of the duties under the ASchG.
Sources
This lesson's statements rest on:
Not legal advice. What counts is the Workers Protection Act (ASchG) and its regulations in the Federal Legal Information System (read on 4 October 2026). Rules for areas outside the ASchG, such as agriculture and forestry or the public service, and special rules for particular substances or sectors are not covered. Not an offer of the Labour Inspectorate, the AUVA or the Chamber of Commerce.