Over the past several months, we have seen an increasing number of new artificial intelligence (AI) products aimed at increasing worker safety in the manufacturing context. Many of these products use real-time data to identify potential hazards before accidents occur, identify and predict unsafe worker behaviors, and intervene when employees do not follow safety protocols. If these tools deliver as promised, they could serve as a game changer for safety professionals who sometimes react to hazardous conditions instead of proactively identifying and mitigating such risks.
Before implementing these AI workplace safety tools, employers should make sure that their use complies with any collective bargaining agreement provisions that deal with employee monitoring and collection of information. In addition, the AI tools should be designed and periodically reviewed to avoid bias against employees in a protected Equal Employment Opportunity classification. These products should be used in addition to and not in place of traditional supervision and training.
Employers that use AI safety tools should consider the implications of this information on future OSHA inspections. While the use of these products could help mitigate penalties, OSHA investigators may begin requesting data from the AI programs as part of their workplace inspections. Companies should determine what safety information will be collected and retained, and for what period of time. AI offers an exciting opportunity to enhance worker safety while potentially lowering compliance costs. However, employers need to carefully think through legal issues associated with use of AI products before implementing them.
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