Modern workplaces are evolving, with digital work systems offering enormous potential to boost efficiency and unlock creativity, drive productivity, innovation, and job opportunities.
However, guardrails are required around the safety of these tools' use in workplaces. That is why the Minns Labor Government is introducing legislation to safeguard the wellbeing of workers.
The proposed reforms to Work Health and Safety (WHS) laws clarifies the responsibility around the use of digital work systems. A Person Conducting a Business or Undertaking (PCBU) will be required to ensure these important tools do not lead to unsafe workloads, unreasonable performance tracking, excessive surveillance or discriminatory work allocation.
This clarifies and adds to the existing workplace safety duties under the Work Health and Safety Act (2011) that require employers to provide safe workplaces. By embracing technology responsibly, NSW is setting the standard for workplaces that are innovative, productive, and safe for everyone.
The Minns Labor Government has also committed to continuing to work with other jurisdictions through the SafeWork Australia process on how digital systems can be kept safe at work. This Bill provides for a review provision if model WHS laws are developed by SafeWork Australia which address the same subject matter to ensure alignment with model laws.
The Bill responds to relevant recommendations of the Select Committee on the Impact of Technological and Other Change on the Future of Work and Workers in NSW (reported in 2022) regarding the rise of digital systems and their real impacts on worker psychosocial health. The committee received 53 submissions and held seven public hearings. The committee also conducted a site visit to the Amazon Distribution Centre.
This reform follows the Minns Labor Government's broader packages aimed at creating better, safer workplaces, which prevent injuries before they occur, support injured workers to recover faster, and ensure the workers compensation scheme remains sustainable for business. These reforms include:
- Establishing SafeWork NSW as a standalone regulator, including 20 new psychosocial focused inspectors targeting psychosocial harm to identify risks early.
- A new Psychosocial Advisory Service that will provide advice to businesses and workers on how to manage psychosocial safety in the workplace
- A $344 million Workplace Mental Health package, strengthening mental health support and injury prevention strategies in NSW workplaces.
Minister for Industrial Relations Sophie Cotsis said:
"As digital systems become more common in workplaces, the Minns Labor Government is making sure that these systems help businesses without undermining the health and safety of workers.
"This is about protecting workers' mental health, preventing harm before it occurs, and giving everyone confidence that workplace technology is used responsibly.
"The Minns Labor Government is committed to strengthening a culture of prevention, early intervention, recovery, and effective return to work through a series of reforms. If a system tracks you, times you, and pushes you beyond safe limits - it's not innovation, its exploitation.
"These include major reforms to SafeWork NSW, including investing in more inspectors to focus on psychosocial harm prevention."
