What role does AI have in the future of health and safety?

The Health and Safety Executive ("HSE") recently published a new update on HSE’s regulatory approach to Artificial Intelligence which explores how HSE will adapt its regulatory approach to manage the new health and safety risks emerging from the use of artificial intelligence ("AI").

HSE's remit

HSE has reaffirmed that AI systems used in the workplace for addressing occupational health and safety (and more generally) must comply with existing health and safety legislation, including the Health and Safety at Work etc. Act 1974 (the “Act”). The goal-setting nature of the Act means its requirements apply regardless of the technology in use. According to the update, HSE’s role will include:

• regulating the use of AI where it impacts health and safety in workplaces;
• overseeing AI in the design, manufacture, and supply of workplace machinery; and
• addressing AI’s broader impact on HSE’s mission to protect people and places.

Using AI – benefits to workplace health and safety

AI can help organisations proactively address health and safety concerns, for example:

• Wearable devices can effectively monitor employee behaviour. These devices can track an employee's behaviour including their productivity, and levels of fatigue and stress.
• Enhanced risk assessments, through the use of data analytics, can evaluate historic data and apply it to new scenarios (including unsafe working conditions, misuse of tools and fall hazards) to help identify and implement preventative measures.
• Collaborative robots can work alongside employees and take on high risk tasks, reducing human exposure to danger. This is particularly prevalent in terms of procurement and logistics.

In the event of an incident, AI systems can also be used to identify breaches of procedure, provide real time alerts and enable management to provide a swift response. This will help businesses implement changes faster and prevent reoccurrences.

Using AI – risks to workplace health and safety

Whilst integrating AI to assist in meeting obligations under health and safety law has significant potential, it also introduces new health and safety risks that businesses need to be mindful of, for example:

1. Autonomy and unpredictability: AI machines can act in a way which leads to unexpected outcomes. This can pose significant risks to the physical safety of employees.
2. Psychological impact: constant monitoring of employees and the presence of robots can make employees feel that they are i) constantly being judged; and ii) easily replaceable; both of which will increase the likelihood of anxiety and burnout.

Managing the risks

Businesses can mitigate these risks by applying the usual health and safety principles. Businesses should carry out a thorough risk assessment for uses of AI which impact on health and safety and put in place appropriate controls to reduce risk so far as is reasonably practicable. Control measures could include providing targeted AI training to equip staff with the knowledge to understand the AI tools they are using, their limitations, and how to use them safely. It is also important to maintain strong human oversight and clear accountability for monitoring AI systems, identifying failures, and escalating concerns.

Conclusion

AI is undoubtedly a tool that can enhance workplace health and safety and the HSE will continue to develop its approach as use cases evolve.

Please contact one of our specialist Regulatory Team below if you have any questions on the health and safety risks associated with the use of AI in the workplace.