Overview of Code of Practice and Guidelines on Pregnancy at Work

1. Premier?s Council for Women and NSW Government Action Plan for Women

The NSW Government Action Plan for Women released in 1996 recognises that the full economic and social participation of women is fundamental to a fair society. It also recognises that all areas of NSW Government must take responsibility for this by integrating the needs and concerns of women into their every day work.

The Action Plan was developed in consultation with NSW Government agencies with expert advice from the Premier?s Council for Women.

One of the objectives in the Action Plan is:

In line with this objective, WorkCover NSW was the lead agency for developing a code of practice on pregnancy at work which would incorporate occupational health and safety, industrial relations and anti-discrimination information and advice.

The draft code has been developed by a Working Party comprising of representatives of the following organisations;

• WorkCover NSW
• Department for Women
• Department of Industrial Relations
• NSW Anti Discrimination Board
• Labor Council of NSW
• Australian Business Limited

The development of the draft code was initiated as a response to the concerns of employers and employees about their rights and obligations in respect to pregnancy and work.

In developing the draft code the Working Party contacted a range of individuals and organisations with expertise or an interest in the area. The Working Party also reviewed the publication produced by the Health and Safety Executive (UK) New and expectant mothers at work - A guide for employers (London 1994).

It was the experience of the Working Party that an effective and practical occupational health and safety code for pregnancy and work could not be developed in isolation from industrial relations and anti-discrimination issues.

The draft code addresses in an integrated way occupational health and safety, discrimination, and industrial relations issues that can arise in employment during pregnancy. The main purpose of the Code and Guidelines is to set out and explain legal obligations as they have been defined in statutes and in case law, and providing guidance in ensuring work and workplaces are safe, fair and consistent with the entitlements of pregnant women and new mothers, including being able to continue in paid work.

The draft code and guidelines also provide some guidance on possible approaches to solving problems that arise in workplaces.

It should be noted that in developing the draft code the Working Party was mindful that the final document would be long and complex and contain information that may be regarded by some as not necessary for the practical application of the Code and Guidelines. It has always been the intention of the Working Party to produce a other briefer versions of the document. The number and style of these versions will be guided in part by the public comment received.

This draft code and guidelines set out and explain the requirements of occupational health and safety, industrial relations and anti-discrimination legislation applying in NSW and provide guidance regarding pregnancy and employment.

The draft code consists of seven parts;

The Working Party is particularly interested in public comment that addresses how the draft code will be of use to employers and workers, any short comings it may have, and any suggestions that would make to document more useful.

5 How to submit comment

5.1 Preparing the submission

The public review period plays an important role in improving the quality and usefulness of proposed codes of practice and in generally raising awareness about occupational health and safety issues. To assist the evaluation of your comments, we ask you consider the following points when preparing your written submission;

Submissions should be divided into general comments (eg: comments about the purpose, scope or structure of the draft code) and specific comments (eg; comments about particular sections, points or definitions);

Specific comments should clearly indicate the number of the section and sub-sections of the draft code to which they refer;

Provide reasons for your comments; you may refer to supporting evidence such as a real or theoretical situation relevant to the subject matter of the code (eg, a particular accident or incident), research or statistical data, or your own employment experiences. Please suggest alternate wording for particular provisions in the draft code where appropriate.

All finalised codes will be subject to plain English editing and proof-reading before approval and printing. Therefore, it is not necessary to include comment on editorial matters such as grammar, typographical errors, etc.

A number of copies of your submission are likely to be made during the review process. It is important that your submission be prepared with good quality type.

We regret that comments cannot be submitted over the telephone.

5.2 Confidentiality

If you would like your submission to remain confidential, please clearly state so on the cover of your submission or on the top of the first page. Confidential submissions will only be read by authorised WorkCover staff and their contents will not be made public in such a way that they can be linked to you or your organisation.

If you have any inquiries about the draft code which will assist you to prepare your written submission please contact;

Ms Joanne Miniter Coordinator OHS Liaison Unit WorkCover NSW Telephone: (02) 9370 5232

Ms Philippa Hall Department for Women Telephone: (02) 9334 1160

Submissions should be addressed to: The Coordinator OHS Liaison Unit WorkCover NSW

and posted to: GPO Box 5364 SYDNEY NSW 2001

delivered to: L3, 400 Kent Street SYDNEY NSW 2000

or faxed to: (02) 9370 6187

or email to: joanne.miniter@workcover.nsw.gov.au

For further information

Contact	:	OHS & Workers Compensation Cooridnator - Mary Yaager
Phone	:	9264 1691
Email	:	m.yaager@labor.org.au
WWW	:	http://ohs.labor.net.au/ohsnet/news/

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