Opportunities and risks of AI and digital tech for work health and safety

Safe Work Australia has published important guidance material that encourages persons conducting a business or undertaking (PCBUs) to review and focus on their use of artificial intelligence (AI) and digital technologies, and how these technologies affect the health and safety of workers, in particular the opportunities they present and the risks they may create.

As with the introduction of new digital duties in New South Wales’ Work Health and Safety Act 2011 (see our bulletin on these duties here), SafeWork Australia has emphasised that when using AI and digital technologies in the workplace, PCBUs must manage the associated work health and safety risks in the same way they would any other – by assessing potential risks and putting in place control measures to eliminate or minimise those risks so far as is reasonably practicable.

What are digital technologies and AI?

The guidance material defines digital technologies as including a wide range of digital hardware and software. Some examples that may be used at work include computers, mobile phones, software and applications, security and safety technologies, wearable devices, and advanced robotics and automation.

AI on the other hand is an umbrella term, encompassing a range of predictive software that can perform tasks previously requiring human intelligence. Common examples of AI used in workplaces include machine-learning algorithms and generative AI.

What are the opportunities and risks?

The guidance material acknowledges that AI and digital technologies can provide opportunities to improve work health and safety outcomes as well as introduce risks. In some cases, introducing AI and digital technologies may simultaneously both control hazards or introduce new, or change, risks for workers.

One guidance example is the use of AI and digital technologies to improve workplace decision-making by automating complex decisions with the goal of reducing job demands and speeding up outcomes. Digital decision-making tools may also help identify data trends and strengthen work health and safety strategies.

However, their introduction can create new risks. For instance, digital decision-making tools may make it harder for workers to override decisions that could affect the health and safety of workers or others in the workplace (e.g. medical patients receiving health plans created using digital technology). Workers may also become responsible for decisions made by the technology, even where they do not fully control the decision-making process or another user can influence the outputs (e.g. a generative AI chatbot).

The areas where AI and digital technologies may impact a workforce is broad and the guidance material seeks to assist PCBUs to understand these areas, which include:

task automation;
workplace monitoring for improving monitoring of risks, such as fatigue, but may increase the psychosocial hazard of surveillance;
updates to existing systems leading to improvements, but also the impact of continuous updates on training and change management;
changes in exposure to traumatic materials through automated file labelling/content filters;
automating customer/client/patient interactions;
blocking online harmful behaviours and harassment;
hazard identification, such as fatigue-detection tools;
workplace flexibility, which increases expectations of larger availability;
increase connectivity for remote or isolated workers, but also reducing in-person interactions;
wearable devices to reduce manual handling, but leading to ergonomic issues;
autonomous plant, advanced robotics or other physical automation;
integrating digital technology into training;
new physical security tools; and
new cyber security tools.

As AI and digital technologies continue to be integrated in the workplace and attract increasing regulatory scrutiny, PCBUs should ensure they assess whether their use creates new work health and safety risks, or enables more comprehensive and effective control measures.

Have you considered all the legal implications of AI in the workplace?

Risks for work health and safety aren't all you need to think about when it comes to AI. You need to be aware of several pitfalls and legal risks should you adopt AI tools in your workplace, especially when they are used in managing human resources functions. That is why the Employment Law Handbook has published a brand-new chapter, AI and the workplace, to walk you through how AI use can impact you from a workplace law perspective. This chapter, exclusive to Employment Law Handbook subscribers, is the most comprehensive employment law guide to AI you will find. Check it out now!

Employees on long-term sick leave must provide medical information to facilitate return to work
The Fair Work Act 2009 (Cth) requires that employees provide reasonable evidence of their unfitness for work to received paid personal, or sick, leave ...