Following the thread about the firefighter and the physicians in traing:
We should all be aware of the ILO (International Labor Organization)
standards for workplaces. These standards are in place to protect the health
and safety of the mother and child.
Here is language from Maternity Protection Convention, 2000. (It is
convention number 183, but was adopted in 2000, so that is its proper name.)
This article on health protection was something new added to the previous MP
convention (C-103).
<HEALTH PROTECTION
<Article 3
<Each Member shall, after consulting the representative organizations of
employers <and workers, adopt appropriate measures to ensure that pregnant or
breastfeeding <women are not obliged to perform work which has been
determined by the <competent authority to be prejudicial to the health of the
mother or the child, or <where an assessment has established a significant
risk to the mother's health or <that of her child.
Here is language from the accompanying recommendation. A recommendation
normally gives details about how a convention can be carried out, or
sometimes goes beyond the minimum standard set in the convention. In this
case, you get the details.
<Health protection
<6.(1) Members should take measures to ensure assessment of any workplace
risks <related to the safety and health of the pregnant or nursing woman and
her child. The <results of the assessment should be made available to the
woman concerned.
<(2) In any of the situations referred to in Article 3 of the Convention or
where a <significant risk has been identified under subparagraph (1) above,
measures should <be taken to provide, on the basis of a medical certificate
as appropriate, an <alternative to such work in the form of:
<(a) elimination of risk;
<(b) an adaptation of her conditions of work;
<(c) a transfer to another post, without loss of pay, when such an adaptation
is not <feasible; or
<(d) paid leave, in accordance with national laws, regulations or practice,
when such <a transfer is not feasible.
<(3) Measures referred to in subparagraph (2) should in particular be taken
in respect <of:
<(a) arduous work involving the manual lifting, carrying, pushing or pulling
of loads;
<(b) work involving exposure to biological, chemical or physical agents which
<represent a reproductive health hazard;
<(c) work requiring special equilibrium;
<(d) work involving physical strain due to prolonged periods of sitting or
standing, to <extreme temperatures, or to vibration.
<(4) A pregnant or nursing woman should not be obliged to do night work if a
medical <certificate declares such work to be incompatible with her pregnancy
or nursing.
<(5) The woman should retain the right to return to her job or an equivalent
job as <soon as it is safe for her to do so.
Only three countries have ratified C-183 so far (Italy, Slovakia, and
Bulgaria), but, like the WHO Code, a convention sets a standard for everyone,
ratified or not. A country that ratifies is legally bound to follow the
standard----the rest of us are...what...? morally bound, I guess.
Anyway, no employer has the right to force a pregnant or nursing woman to do
work that is potentially harmful to her or her fetus/nurseling. It's there
in black and white. Her health must be protected; her baby's health must be
protected; AND her job must be protected.
On the other hand, women may hesitate to advocate for their right to a
toxic-free workplace because they feel it puts them at a disadvantage re
non-pregnant, non-lactating female and male employees. This is why we need a
convention or some other general agreement in legal language, so that
everyone knows that it's not fair to penalize a woman for reproducing, which
is, after all, another kind of work, work that benefits us all, and which
benefits us more if the woman gets the support that will improve her chances
of having a normal, full-term, healthy baby and feeding the baby optimally.
Women who are represented by a union (I hope the fire-fighters are) can take
this issue up with their union. For the physicians in training, I suggest
group action that addresses the issue of maternity protection with their
school, residency program, or hospital. LCs could well be involved as
colleagues and advisors in such group action. Many US workplaces are just
not aware of maternity protection issues because our bf rate is so low,
especially after women return to work, and because lactating women are
isolated and haven't been pushing the envelope. The US envelope is tiny
compared to many other countries! It's time to get pushing!
You can read the whole convention on line at
http://ilolex.ilo.ch:1567/cgi-lex/convde.pl?query=C183&query0=183
and the whole recommendation at
http://ilolex.ilo.ch:1567/cgi-lex/convde.pl?query=R191&query1=191&
submit=Display
Chris Mulford, RN, IBCLC
ILCA's Rep to ILO
Co-coordinator of WABA's Women & Work Task Force
Swarthmore, PA
Eastern USA
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