Given the amount of time and effort Australian unions and their members are committing to lobby for protections from the rapidly increasing use of AI and surveillance in the workplace, this alarming article from New Zealand caught our attention.
WorkSafe NZ have accepted an Enforceable Undertaking (EU) from Ecostore Company Limited. An EU is a written commitment by a person who has committed (or may have committed) an offence to do certain things in a set timeframe and often used by regulators as an alternative pathway to prosecution.
Among other, more conventional undertakings, this EU includes a clause that proposes to install CCTV systems incorporating AI technology to identify situations or events that could indicate risks to workers’ health and safety, with findings used to drive continuous improvement.
The EU was the result of an incident in March 2023 where an Ecostore employee suffered chemical burns to his eyes that permanently impacted his vision. A WorkSafe investigation found that a hose clamp failed, the worker had not been adequately trained, and he had not been provided with the appropriate PPE for the task. The manager did not supervise the washing of the employee’s eyes after the incident, did not consult the SDS for the chemical substance and allowed the employee to keep working without consulting the first aider. The worker did not receive the required medical care until later that evening.
Under the AI initiative outlined in the EU, Ecostore says it will upgrade its CCTV system to ensure it monitors all activities and eliminates blind spots, with improved camera design and AI technology that enables real time hazard alerts.
The AI function will be designed to detect "non-compliant events", and instantly email reports to managers and company officers, with the results to be shared in the monthly committee meetings and weekly toolbox meetings for staff. Non-compliant events will be investigated in line with existing near hit/incident processes, with the appropriate level of engagement, education and training provided, and, “if required, informal and possibly formal disciplinary action.”
It is concerning that a Regulator has signed off on a proposal that essentially introduces a new hazard for the employees in the workplace – constant surveillance and automated systems linked to disciplinary actions are examples of a psychosocial hazard. Indeed, once the employer has the surveillance hardware in place there is also little to prevent them from using it to monitor other priorities such as workload, work speed, downtime and performance management,
The acceptance of Ecostore’s EU by the Regulator also diminishes the value of any consultation with employees and their representatives on this matter. Ecostore says in the EU that they will engage with employees to “inform” them of the planned upgrade and extended coverage of the AI surveillance system and how Ecostore sees it supporting “better safety outcomes” however this commitment falls short of the OHS principle of consulting with employees before finalising decisions relating to health and safety. Additionally, the fact that the EU has already received approval by the Regulator would discourage workers from raising their concerns.
Read more: AI to spot safety breaches and tell managers