OHS protections for pregnant and breastfeeding workers

Last week, the Parkland Institute published a blog post written by myself, and two research collaborators. It provided some important context for the Alberta Occupational Health and Safety Act review. The deadline for submissions to the review is October 16. 

An issue that has received little discussion so far is protective leave for pregnant and breastfeeding women. Yesterday, for example, a worker reported being terminated because she was pregnant because the employer was concerned that the lifting requirement of the job was to great for her. 

The company, now the subject of a human rights complaint, disputes this characterization. But:

The temp agency that hired Deghanifard, Manpower, told the commission they were informed Deghanifard's assignment had ended because her role involved lifting heavy items and in her condition the manager felt it could be harmful to her.

There are approximately 50,000 pregnancies in Alberta each year. Pregnant and nursing women face unique physical, biological, and chemical workplace health hazards. Alberta’s Occupational Health and Safety Act requires workers to refuse unsafe work but, in practice, few workers refuse unsafe work for fear of job loss.

Alberta’s Human Rights Act requires employers to accommodate pregnant and breastfeeding workers to the point of undue hardship. Workers who are not accommodated can complain, but such complaints take months and years to resolve. During this time, workers who are denied accommodation may be without financial support.

Quebec provides pregnant or breastfeeding women who work in conditions that threaten their health or the health of their unborn or breastfeeding children (and who can produce a medical certificate to substantiate these concerns) with access to (1) immediate re-assignment, or (2) protective leave funded by the La Commission de la santé et de la sécurité du travail (i.e., the workers’ compensation board).

Alberta’s current health and safety protections for pregnant and breast-feeding women are inadequate. Providing pregnant and breast-feeding workers with wage-loss benefits should their employer refuse to address workplace hazards will make workplaces safer for this uniquely vulnerable group. The cost of any such leaves can be recouped from the employer via a special workers’ compensation levy.

-- Bob Barnetson