European Commission – Pregnant Worker Directive 92/85/EC

Directive 92/85/EC – Pregnant Workers

Introduced 19th of October 1992

Pregnant woman standing outside on a sunny day

Objective

The objective of this Directive is to protect the health and safety of women in the workplace when pregnant or after they have recently given birth and women who are breastfeeding.

Contents

Under the Directive, a set of guidelines detail the assessment of the chemical, physical and biological agents and industrial processes considered dangerous for the health and safety of pregnant women or women who have just given birth and are breast feeding.

The Directive also includes provisions for physical movements and postures, mental and physical fatigue and other types of physical and mental stress.

Pregnant and breastfeeding workers may under no circumstances be obliged to perform duties for which the assessment has revealed a risk of exposure to agents, which would jeopardize their safety or health. Those agents and working conditions are defined in Annex II of the Directive.

Member States shall ensure that pregnant workers are not obliged to work in night shifts when medically indicated (subject to submission of a medical certificate).

Employers or the health and safety service will use these guidelines as a basis for a risk evaluation for all activities that pregnant or breast feeding workers may undergo and must decide what measures should be taken to avoid these risks. Workers should be notified of the results and of measures to be taken which can be adjustment of working conditions, transfer to another job or granting of leave.

The Directive grants maternity leave for the duration of 14 weeks of which 2 weeks must occur before birth.

Women must not be dismissed from work because of their pregnancy and maternity for the period from the beginning of their pregnancy to the end of the period of leave from work.

Annex I – Non exhaustive list of agents and working conditions referred to in Art.4 of the directive (assessment and information)

A. Agents

1. Physical agents where these are regarded as agents causing foetal lesions and/or likely to disrupt placental attachment, and in particular:

(a) shocks, vibration or movement;

(b) handling of loads entailing risks, particularly of a dorsolumbar nature;

(c) noise;

(d) ionizing radiation (*);

(e) non-ionizing radiation;

(f) extremes of cold or heat;

(g) movements and postures, travelling – either inside or outside the establishment – mental and physical fatigue and other physical burdens connected with the activity of the worker within the meaning of Article 2 of the Directive.

2. Biological agents

Biological agents of risk groups 2, 3 and 3 within the meaning of Article 2 (d) numbers 2, 3 and 4 of Directive 90/679/EEC (¹), in so far as it is known that these agents or the therapeutic measures necessitated by such agents endanger the health of pregnant women and the unborn child and in so far as they do not yet appear in Annex II.

3. Chemical agents

The following chemical agents in so far as it is known that they endanger the health of pregnant women and the unborn child and in so far as they do not yet appear in Annex II:

(a) substances labelled R40 (limited evidence of a carcinogenic effect), R45 (May cause cancer), R46 (May cause inheritable genetic damage), and R47 (May cause birth defects) under Dangerous Substances Directive (67/548/EEC) in so far as they do not yet appear in Annex II;

(b) chemical agents in Annex I to Directive 90/394/EEC (Protection of workers from the risks related to exposure to carcinogens) ;

(c) mercury and mercury derivatives;

(d) antimitotic drugs;

(e) carbon monoxide;

(f) chemical agents of known and dangerous percutaneous absorption.

B. Processes

Industrial processes listed in Annex I to Directive 90/394/EEC.

C. Working conditions

Underground mining work.

Annex II – Non exhaustive list of agents and working conditions referred to in Art.6 of the directive (cases in which exposure is prohibited)

A. Pregnant workers within the meaning of Article 2 (a)

1. Agents

(a) Physical agents

Work in hyperbaric atmosphere, e.g. pressurized enclosures and underwater diving.

(b) Biological agents

The following biological agents:

– toxoplasma,

– rubella virus,

unless the pregnant workers are proved to be adequately protected against such agents by immunization.

(c) Chemical agents

Lead and lead derivatives in so far as these agents are capable of being absorbed by the human organism.

2. Working conditions

Underground mining work.

B. Workers who are breastfeeding within the meaning of Article 2 (c)

1. Agents

(a) Chemical agents

Lead and lead derivatives in so far as these agents are capable of being absorbed by the human organism.

2. Working conditions

Underground mining work.

*****

The Irish Army Air Corps only started carrying out “adequate” risk assessments in the past year so for 25 years pregnant females at Baldonnel were dangerously exposed to Carcinogens, Mutagens & Teratogens.

Any pregnant females working in proximity to running aircraft or aircraft being refueled, such as in the ramp area, or downwind of the ramp were exposed.

  • Exhaust gasses contain Carbon Monoxide as well as TetraEthyl Lead and other hydrocarbon fumes.
  • AVGAS – 100LL  refuelling fumes contained Gasoline, Tetraethyl Lead, Toluene, Xylene, Ethylbenzene, Cyclohexane, n-Hexane, Trimethylbenzene, Naphthalene and Isopropylbenzene.
  • AVTUR – Jet A1 refueling fumes contain Kerosine, Ethylbenzene, Xylene and Isopropylbenzene.
  • Fuel System Anti Icing additives used by the Irish Army Air Corps included 2-(2-methoxyethoxy)ethanol which is a known to cause reproductive and developmental toxic effects.

Furthermore pregnant females working in or entering into Avionics, ERF or Engineering Wing hangar were being exposed to further known Carcinogens, Mutagens and Teratogens including Dichloromethane, Isocyanates & Trichloroethylene to name but a few.

Due to the fact that the working dress & overalls of technicians were (and still are) brought home to be washed in domestic family washing machines it is extremely likely that pregnant spouses & partners of Air Corps personnel were also affected.

This may have lead to miscarriages, stillbirths, lifelong genetic diseases & developmental conditions such as autism in the children of personnel.