ASK RENATA

Hello Renata

What is a good source of information re workplace surveillance?

The workplace has changed so much in my life, with employer surveillance becoming more intrusive, so I'm wondering if there's a site/link you can recommend on this? The more I know, the safer I am.

The growing use of surveillance in the workplace can pose a significant risk to workers’ psychological and physical health and safety. Although surveillance in the workplace is not specifically addressed in OHS legislation, intrusive workplace surveillance can exacerbate other hazards such as poor workplace relationships and low job control. It can also increase physical hazards by discouraging employees from taking breaks and enforcing a faster work pace.

Read our full response

Unlike other states and territories, Victoria does not have specific occupational workplace surveillance laws, instead making rules a part of general surveillance laws which are quite limited in scope and outdated for the plethora of modern surveillance technologies currently employed in workplaces. In June 2024 the Victorian Parliament announced an inquiry into workplace surveillance that you can read about here - WORKPLACE SURVEILLANCE INQUIRY BEGINS - OHS Reps. A report is expected from this inquiry in May 2025. You can find all of the submissions to the inquiry, including the VTHC submission, here - https://www.parliament.vic.gov.au/get-involved/inquiries/inquiryintoworkplacesurveillance/submissions

You can also find some helpful information on our website at the Intrusive Workplace Surveillance and Algorithmic Management page. Here we specifically discuss what HSRs can do about intrusive workplace surveillance, provide links for further reading and also a link to our live show on the issue featuring Matt Scherer from the Centre for Democracy and Technology.

We are currently putting together a surveillance checklist for HSRs and hope to have it out before Christmas - keep your eye on our page or the SafetyNet newsletter to know when this becomes available.

If your employer is introducing new surveillance technologies, they must consult you on their rollout given the impact these technologies could have on the psychosocial and/or physical health of workers as highlighted in the examples above. We strongly encourage you to remind your employer of their s.35 consultation obligations under our OHS Act should they begin to implement workplace surveillance. To comply with consultation obligations under s.35(3) your employer must provide information, give employees a reasonable opportunity to express their views and then take that feedback into account.

Additionally, employers have a duty to provide a safe workplace so far as is reasonably practicable under section 21 of the OHS Act 2004. Considering this, the impacts of these technologies on workers’ health and safety must be controlled.

Share Tweet

RELATED

AHRC REPORT IDENTIFIES WORKPLACE PREGNANCY DISCRIMINATION PATTERNS
Despite more than a decade of legislative and policy reforms, pregnancy, breastfeeding and family responsibilities discrimination remain widespread in Australian workplaces, with some employers reportedly misusing workplace health and safety obligations to...
Read More
FOOD COMPANY FINED AFTER WORKER FALLS INTO CHEMICAL PIT
A food manufacturing company in the Dandenong area has been fined $35,000 without conviction for their failures to provide a safe system of work relating to chemicals used in their workplace.
Read More
SUPERVISION FAILURE LEAVES WORKER PARAPLEGIC AFTER CHAINSAW FALL
A construction company has been fined $150,000 after a labour-hire worker was left paraplegic when he fell from a ladder while using a chainsaw to remove a tree branch at a Victorian...
Read More