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<p>In response to bringing forward legislative proposals to protect breastfeeding
mothers at work, the Health and Safety Executive (HSE) is not proposing to introduce
legislative changes to protect breastfeeding mothers in the workplace. Breastfeeding
mothers are already protected under the Workplace (Health, Safety and Welfare) Regulations
1992 (the Workplace Regulations)</p><p> </p><p>The Workplace Regulations require employers
to provide suitable rest facilities for breastfeeding mothers. Employers are also
recommended to provide a private, healthy and safe environment for nursing mothers
to express and store milk. Comprehensive online guidance on how employers can meet
their legal requirements can be found at <a href="https://eur02.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.hse.gov.uk%2Fmothers%2F&data=02%7C01%7Cparlybranch.pqs%40beis.gov.uk%7Cd6523640efd34bf2d8b408d730890091%7Ccbac700502c143ebb497e6492d1b2dd8%7C0%7C0%7C637031237282951465&sdata=cXmk3wvgYbAn72K18nJzCp2gVC%2BeKxtuVzyxlCXCEYM%3D&reserved=0"
target="_blank">http://www.hse.gov.uk/mothers/</a></p><p> </p><p>Research commissioned
and published in 2016 by the Equality and Human Rights Commission and Department for
Business, Energy and Industrial Strategy found that almost all employers said they
understood their legal responsibility to ensure a safe working environment for mothers
returning from maternity leave. Often where difficulties arose in terms of health
and safety, it was due to poor communication and a lack of ongoing discussion between
managers and new and expectant mothers. HSE has published guidance which emphasises
the importance of this to help address any issues or concerns. It can be found at
<a href="https://eur02.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.hse.gov.uk%2Fpubns%2Findg373.pdf&data=02%7C01%7Cparlybranch.pqs%40beis.gov.uk%7Cd6523640efd34bf2d8b408d730890091%7Ccbac700502c143ebb497e6492d1b2dd8%7C0%7C0%7C637031237282951465&sdata=D063NUU8RU2o6UPt9j8P6j2%2ByaRGSuXeqLa%2F6faxvwE%3D&reserved=0"
target="_blank">http://www.hse.gov.uk/pubns/indg373.pdf</a></p><p><strong> </strong></p><p>On
reducing the promotion of breast-milk substitutes, there is strict legislation currently
in place in the form of the EU Directive (2006/141/EC) which regulates the composition,
labelling and marketing of infant formulae and follow-on formulae. The Directive reflects
scientific advice on the essential composition of infant formulae and follow-on formulae
and discussions at an international level in the Codex Alimentarius forum. This Directive
is implemented in England by the Infant Formula and Follow on Formula (England) Regulations
2007 and similar legislation applies in Scotland, Wales and Northern Ireland. The
Directive also gives effect to the principles and aims of the 1981 World Health Organisation
(WHO) Code on the Marketing of Breastmilk Substitutes by regulating labelling and
restricting advertising and presentation of infant so as not to discourage breastfeeding.</p><p>
</p><p>The new Delegated Regulation (EU) 2016/127 will apply from 22nd February 2020;
as a member state, the UK Government was fully involved and committed to the introduction
of the new regime within the EU. In the event of EU Exit prior to 22 February 2020,
the intention is therefore to make UK-wide legislation to mirror the delegated legislation
as closely as possible, and to progress with implementation of the provisions.</p>
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