Hi Renata – The Medical Centre I work at is installing motion sensors cameras around the patient areas. I've reminded them as per S 35 they must consult with me. Obviously there'll be issues with noises, dust etc as workman install them. I'm also interested in any other potential OH&S issues that may arise with their installation. I have a basic notion of their function but honestly don't know enough for a nuanced discussion with management re there installation.
Thank you for your question about the installation of ‘motion sensor cameras’ in your workplace. You are correct that your employer has a duty under s.35 of the OHS Act to consult with employees and their HSRs about any proposed changes to the workplace that may have OHS implications.
Whilst there is a need for discussion around the actual installation process – i.e. risk assessment on the task of installation, which the installers should be a part of – don’t overlook how the footage from the cameras will be used once installed.
The growing use of surveillance in the workplace to gather data 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. VTHC made a submission to the Victorian government Inquiry into workplace surveillance last year, and in May this year the Inquiry released its findings report - .
Your employer should develop a policy around workplace surveillance prior to proceeding with the plans for installation, and that policy should be developed in consultation with employees and HSRs. Some of the issues that you can raise for consideration and inclusion in that policy are –
- the purpose of the proposed surveillance – how will the data be used. Typically, employers will state that surveillance is implemented to protect employees and/or clients, however we know that ‘function creep’ is an issue that often occurs. Function creep is when surveillance data collected for one purpose is used for another, often without employee knowledge – for example, safety tracking data being repurposed for performance management and disciplinary actions, or surveillance technology used to monitor customer behaviour and reduce the risk of aggression or violence may also be used to monitor employee productivity, without proper communication or consultation. This increases the risk of harm from exposure to low job control and poor organisational justice.
- data retention and access – it is important that employees are aware of how, where and for how long the CCTV data will be retained, what it will be used for, who will have access to it, how it will be disposed of, etc. Over-collection of data and vague retention policies can exacerbate the associated psychosocial risks of surveillance.
- where and when will data be collected – employees need to know when the cameras will be active and where.
I see that you are registered to attend our VTHC HSR Conference this year – at the Conference will be exploring the issues workplace surveillance and I am certain that at the end of the day you will leave with a much more nuanced understanding of the issues that employers need to address when undertaking surveillance in their workplaces. Part of the day will include working on the development of a tool for HSRs to help them identify and manage the issues relating to this subject. 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.
If you have any questions about OHS we encourage to fill out an Ask Renata query and one of our officials will get back to you shortly. Alternatively give Ask Renatabot a try!
