VN August 2023

Vetnuus | August 2023 28 This month is dedicated to women, and few topics are as specific to women as pregnancy. Today we will look at the legal protection that pregnant women in the workplace have and the duties of employers in this regard. The first aspect that will be discussed is the safety of pregnant and breastfeeding employees in veterinary practices due to the potentially hazardous work environment. The second important aspect is maternity leave and the protection of pregnant employees’ jobs. SAFEWORKING ENVIRONMENT All employees are entitled to a safe working environment and to be informed of potential hazards in their workplace. Since pregnant women are more vulnerable to certain risks, their needs justify specific protection. The Occupational Health and Safety Act, No. 85 of 1993 (“OHSA”) as well as the Basic Conditions of Employment Act, No. 75 of 1997 (“BCEA”) make provision for this. These special requirements are contained in the “Code of Good Practice on the Protection of Employees During Pregnancy and After the Birth of a Child” (“the Code”). This document was Gazetted in terms of the BCEA by the Minister of Labour. It is a must-read for all employers and pregnant employees since it guides the interpretation of section 26(1) of the BCEA which prohibits employers from allowing pregnant and breastfeeding employees to perform hazardous work. OHSA requires employers to perform a risk assessment and identify hazards. Employers must further take proper measures to eliminate or control such risks. Employees must be informed of these risks and received the necessary training in accordance. Workplace policies should encourage female employees to inform employers of their pregnancies as soon as possible. In a potentially dangerous work environment, it may be a good idea to include this as a requirement in the contract of employment. Employees must also take reasonable steps to protect themselves and other employees. Where there is any uncertainty about the suspected hazards or whether the work conditions should be adjusted, it would be prudent to consult with an occupational health practitioner to get clarification.The Code identifies the various hazards that are dangerous to pregnant women. These hazards are classified as physical hazards, ergonomic hazards, chemical hazards, and biological hazards. Schedules one to four attached to the Code deal with these hazards in detail. An example of a hazard typically encountered in veterinary practice is the use of anaesthetic gasses. It is classified as a chemical hazard. The risk is the potential of exposure to these gasses to cause a miscarriage. Exposure to high concentrations of anaesthetic gasses must therefore be avoided during pregnancy. This may for example require that a pregnant veterinary nurse who normally works in theatre should be relocated to a different position in the practice during her pregnancy. Another example of a hazard is ionising radiation that can be harmful to the foetus. It is classified as a physical hazard. Pregnant and breastfeeding women should not work in areas where there is a risk of exposure to ionising radiation. Legal Mews LEGAL PROTECTIONFOR PREGNANT EMPLOYEES IN THEVETERINARYWORKPLACE Trudie Prinsloo (Legalvet Services) This article is intended to provide information and educate veterinarians on relevant aspects of the law. It is not intended as personal legal advice. SAVA is not responsible or liable for any advice or other information provided herein.