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Employment and Labour addresses section 26(1) of BCEA this breastfeeding week

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The Department of Employment and Labour has touched on the important key requirements of the BCEA, concerning the prohibition of dangerous work environments for pregnant or breastfeeding employees.  

The Department of Employment and Labour, on Wednesday, 4 August 2021, addressed Section 26(1) of the Basic Conditions of Employment Act (BCEA), which prohibits employers from requiring or permitting a pregnant employee or an employee who is breastfeeding to perform work that is hazardous to their health or the health of the child. This is in light of Global Breastfeeding Week.

The department stated that the BCEA required employers who employ women of childbearing age to assess and control risks to the health of pregnant or breastfeeding employees, and that of the foetus or a child. The department also stated that employers needed to identify, record and regularly review potential risks to pregnant or breastfeeding employees within the workplace, and to implement protective measures and adjustments to working environments.

It further pointed out that employers are to maintain a list of employment positions not involving risk, which pregnant or breastfeeding employees can be transferred to. According to the department, in terms of section 26(1) of the BCEA, an employer is obliged to offer suitable alternative employment to an employee whose work poses a danger to her and her baby.

See the post below.


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