Recent amendments to the Work, Health and Safety Act 2011 (NSW) have made it explicit that an employer’s safety obligations to its employees extend to digital work systems including AI, rostering platforms, performance tracking tools and workflow automation.
What’s Changed?
- WHS duties now clearly apply to technology
Employers must ensure that digital systems do not create risks to workers’ health and safety, including psychosocial risks such as stress, anxiety and pressure from constant monitoring or unrealistic expectations.
- New focus on work allocation
There is now a specific obligation to ensure that work allocated through digital systems does not create risks, including:
a. excessive workloads;
b. intrusive monitoring;
c. unreasonable performance metrics; and
d. discriminatory outcomes.
- Increased scrutiny
Unions can now inspect digital systems where a WHS breach is suspected, and regulators are expected to take a more active enforcement approach.
Why This Matters for Employers
These changes go beyond WHS. They directly increase risk across:
- Unfair dismissal laws – for example, flawed performance systems may undermine terminations;
- Discrimination laws – for example, algorithmic bias may lead to unlawful outcomes; and
- Surveillance laws – for example, excessive monitoring may breach legal limits.
What You Should Do Now
At a minimum, employers should:
- Identify all systems used to allocate or monitor work;
- Assess how they impact workload, performance and monitoring;
- Identify any risks (e.g. excessive targets, constant surveillance);
- Adjust systems to reduce or eliminate those risks; and
- Keep clear records of your assessments and changes.
Key takeaway
These reforms make it clear that technology is not just an operational tool, it is a WHS risk area now captured in legislation.
Employers who proactively review and adjust their systems will be better placed to avoid enforcement action and defend employment-related claims.
If you would like further information regarding the above or would like to discuss anything specific to your workplace please contact our Employment Team on (02) 4927 2900.