ISHN logo
search
cart
facebook twitter linkedin youtube
  • Sign In
  • Create Account
  • Sign Out
  • My Account
ISHN logo
  • NEWS
    • Today's News
    • Global Safety News
    • Government Regulations
  • PRODUCTS
    • Product Innovations
    • Featured Products
  • TOPICS
    • Environmental Health and Safety
    • Facility Safety
    • Workplace Health
    • Occupational Safety
    • PPE
    • More Topics
  • CONSTRUCTION
  • TECHNOLOGY
  • COLUMNS
    • Best Practices
    • Dave Johnson: What’s going on
    • Editorial Comments
    • Leading Safety
  • MULTIMEDIA
    • ISHN Podcast
    • Videos
    • Cold Stress Education Quiz
    • Webinars
    • White Papers
  • MORE
    • Buyer's Guide
    • Newsletters
    • Convention Companion
    • Polls
    • Events
    • ISHN Store
    • Sponsor Insights
  • EMAGAZINE
    • eMagazine
    • Archived Issues
    • Contact
    • Advertise
  • JOIN TODAY!
Occupational SafetyEnvironmental Health and SafetyColumnsSafety & Health Best Practices Workplace HealthWorkplace Safety Culture

Don’t gamble with reproductive health

Outdated thinking: Naive women will remain silent

By Dan Markiewicz MS, CIH, CSP, RMP
pregnant woman
ISHN1118_C2_chart.jpg
ISHN1118_C2_table.jpg
pregnant woman
ISHN1118_C2_chart.jpg
ISHN1118_C2_table.jpg
December 3, 2018

Class action lawsuits regarding reproductive health rights were recently filed against Walmart, the U.S.’s largest private employer, in Illinois, New York and Wisconsin (September 2018). Many other employers such as Amazon, Merck and Novartis face similar lawsuits, too, relating to pregnancy discrimination, failure to provide reasonable accommodations (such as lifting, limited chemical exposure, etc. ) and violations of EEOC rules.  

 If you don’t get protection of workers’ reproductive health right, your company will be sued. It’s just a matter of time.

The peer-reviewed article, “Inclusive and Gender Equal Protection: Protecting Workers’ Reproductive Health” in the March 2018 issue of Professional Safety Journal (PSJ) shows the willingness to do more – but missteps in the article and erroneous beliefs (see PSJ Reader Forum, September 2018) demonstrate that greater understanding is critical.

See above for what an employer should do.

Note. Flowchart Adapted from International Labour Organization Maternity Protection Resource Package, Module 8, Health Protection at the Workplace, 2012.

The PSJ authors developed a Susceptible Worker Assessment Program (SWAP) to evaluate special worker exposure groups such as pregnant workers. At what box above do the PSJ authors of the peer-reviewed article, suggest that SWAP be introduced? SWAP doesn’t begin until initiated by worker concerns; that often begins at the 11th box. OSH pros must be proactive and work the flow from top-to-bottom.

2012 overture?

The prelude for much of what’s going on today began in 2012. The trends, to name a few, include Maternity Protection flowchart logic (see above); OSHA HazCom references to “unborn child” and “breastfed children;” a new style of pregnancy accommodation law in California; and the Pregnant Workers’ Fairness Act introduced into Congress.

U.S. stakeholders realized that other developed nations treated pregnant workers fairly. ILO Conventions are international labor standards, ratified or not. Ratified simply means place into federal law and enforce. One-hundred and eighty-five countries have federal legislation that complies to one or more elements of ILO’s Maternity Protection Convention. 

The U.S. is not among these 185 countries. Federal-paid maternity leave considered a safety and health necessity, not a luxury, is an element of the Convention. Every nation in the world, except for Papua New Guinea and U.S., comply with this element. And the Convention recommends that pregnant or breastfeeding women “are not obliged to perform work where an assessment has established a significant risk to the mother’s health or that of her child.” Twenty-six nations, but not the U.S., have federal legislation that require these employer risk assessments. 

Exclude the feds

Knowing that U.S. feds would not take up the cause for fairness, much of the above is now built into state and city law shown above. Note the dates of enactment. And there’s more to come.

Note.  Super-script date of law enactment, * prior to 2012 and generally with limited coverage e.g. state employees only.  Search < U.S. Department of Labor’s Employment Protection for Workers Who Are Pregnant or Nursing >

Each law contains variations of federal PDA, ADA(AA), FMLA, and EEOC rules along with a smattering of other concepts including OSHA.  Elements of these laws were built without OSH pro input, from what I can determine.  

For example, Washington state set a weight lift limit at 17 pounds for pregnant workers, while Massachusetts and Minnesota set the weight limit at 20 pounds. Are these really “safe” weights? Per NIOSH’s 2013 guidance, depending upon reach and other factors, the safe weight may range from 36 pounds to zero. Pregnant workers may seek any weight limit, however, with support of her health care provider. In many of the laws, if the worker/employer can’t agree on a reasonable accommodation, maternity leave must be considered.

Professional logic?

Explaining the SWAP logic (PSJ Reader Forum, September 2018) authors give the example where a pregnant laboratory technician would not be permitted to handle toluene but could work with acids elsewhere laboratory. Is this sound logic?

There should be no such thing as “no exposure” for a pregnant worker. If there’s “no” exposure to toluene, for example, then the pregnant worker can no longer remain in the lab. Measure in ppb or ppt is the point.  

What’s the safe limit? It may be the DNEL. Odor not tolerable? Provide N95 particulate respirator with nuisance level relief.  NIOSH has done the studies and this respirator is okay during uncomplicated pregnancies. Skin contact and other? Follow hierarchy-of-controls with the absolute last line of defense at paid maternity leave.  If paid maternity leave is reached, the OSH pro likely failed to do the right things.

Conclusion 

Employers are likely gambling that U.S. pregnant workers are too naïve or timid to take command of the flowchart activities. The Women’s March on January 21, 2017 was the largest single-day protest in U.S. history. Times have changed. Look at the table of local and state laws. I wouldn’t take that gamble that pregnant workers are naïve or timid. Are you going to wait for your company to be sued before changing with the times? OSH pros need to get this right! 

KEYWORDS: chemicals maternal health occupational exposure occupational illness and injury reproductive health

Share This Story

Looking for a reprint of this article?
From high-res PDFs to custom plaques, order your copy today!

Dan markiewicz 200px
Dan Markiewicz, MS, CIH, CSP, RMP, is an independent environmental health and safety consultant and a long-time columnist. He can be reached at (419) 356-3768 or by email at dan.markiewicz@gmail.com.

Recommended Content

JOIN TODAY
to unlock your recommendations.

Already have an account? Sign In

  • forklift safety

    Exploring the latest technologies in forklift safety

    With more staff and more stock in warehousing now more...
    Facility Safety
    By: Josh Cramer
  • welding

    All about welder’s flash or arc eye

    A flash burn is a painful inflammation of the cornea,...
    Environmental Health and Safety
  • dangerous jobs

    The 10 most dangerous jobs in the U.S.

    On-the-job deaths have been rising — hitting the highest...
    Construction Industry Safety and Health
    By: Benita Mehta
Manage My Account
  • eMagazine Subscriptions
  • ISHN Newsletter & Other Newsletter Alerts
  • Online Registration
  • Manage My Preferences
  • Subscription Customer Service

More Videos

Sponsored Content

Sponsored Content is a special paid section where industry companies provide high quality, objective, non-commercial content around topics of interest to the ISHN audience. All Sponsored Content is supplied by the advertising company and any opinions expressed in this article are those of the author and not necessarily reflect the views of ISHN or its parent company, BNP Media. Interested in participating in our Sponsored Content section? Contact your local rep!

close
  • man wearing the the Sundström SR200 Full Face Mask Respirator
    Sponsored byOHD

    5 Fit Testing Mistakes That Could Cost You

  • This image shows Magid AcuSpex polarized blue mirrored safety glasses.
    Sponsored byMagid Glove and Safety

    Construction PPE Guide: What Crews Need for Each Task

  • lone worker in confined space
    Sponsored byAlphasense Ltd.

    GET THE LEAD OUT of your Safety Oxygen Sensors!

Popular Stories

SpaceX 7 launch

OSHA Investigating Fatal Fall at SpaceX Starbase

Automated loading dock equipment

After March 2026 Rivian Death, Safety Managers Reassess Loading Dock Systems Under OSHA's Warehouse Emphasis Program

chemical safety

It Was Just Sugar: Catastrophic Safety Failures in Louisville

top 10 most dangerous jobs

Poll

Seasonal Readiness

With the federal heat stress prevention rule on the horizon, which area of your safety program needs the most attention?
View Results Poll Archive

Products

Surviving an OSHA Audit A Management Guide, 2nd Edition

Surviving an OSHA Audit A Management Guide, 2nd Edition

See More Products

ISHN Podcasts

Related Articles

  • women workers

    Puzzle pieces reshaping women’s reproductive health

    See More
  • Monitoring reproductive health

    See More
  • U.S. workers gamble with health insurance benefits, Unum finds

    See More

Related Products

See More Products
  • 9781138749573.jpg

    Occupational Health and Safety Management: A Practical Approach, Third Edition

  • occup safety.jpg

    Occupational Safety and Health: Fundamental Principles and Philosophies

  • 1118959450.jpg

    Safety and Health for Engineers, 3rd Edition

See More Products
×

Become a Leader in Safety Culture

Build your knowledge with ISHN, covering key safety, health and industrial hygiene news, products, and trends.

JOIN TODAY
  • RESOURCES
    • Advertise
    • Contact Us
    • Directories
    • Manufacturing Division
    • Store
    • Want More
  • SIGN UP TODAY
    • Create Account
    • eMagazine
    • Newsletters
    • Customer Service
    • Manage Preferences
  • SERVICES
    • Marketing Services
    • Reprints
    • Market Research
    • List Rental
    • Survey/Respondent Access
  • STAY CONNECTED
    • LinkedIn
    • Facebook
    • YouTube
    • X (Twitter)
  • PRIVACY
    • PRIVACY POLICY
    • TERMS & CONDITIONS
    • DO NOT SELL MY PERSONAL INFORMATION
    • PRIVACY REQUEST
    • ACCESSIBILITY

Copyright ©2026. All Rights Reserved BNP Media, Inc. and BNP Media II, LLC.

Design, CMS, Hosting & Web Development :: ePublishing