NSW Proposes New WHS Duties for Digital Work Systems

The NSW Government yesterday introduced legislation that would insert new provisions into its Work Health and Safety laws. A new duty would specifically focus on digital work systems used for a broad range of purposes in workplaces. In addition, union organisers would be able to require businesses to give them reasonable access to a digital work system that was related to a suspected contravention.

The below statement can be attributed to Australian Industry Group Head of New South Wales, Helen Waldron.

Artificial intelligence and technological advancements will create significant opportunities and productivity improvements at a time when we are continuing to grapple with persistently low productivity levels. The last thing we need is a heavy-handed change to legislation that will stifle innovation and industry efforts to improve productivity.

Work health and safety legislation already mandates employers to provide safe work environments and practices.

The proposed changes are entirely unnecessary and the unclear obligations they would impose on industry will undoubtedly be a catalyst for workplace disputation.

It comes at a time when Safe Work Australia has been tasked to undertake a best practice review with a focus on how we can ensure harmonisation of WHS laws into the future. These amendments would instead take NSW on a more divergent path than is already in place.

It also comes at a time when the Federal Government is convening a roundtable discussion over matters that will include whether there is a need to regulate employers' implementation of artificial intelligence at a national level.

The last thing industry needs is to be saddled with the patchwork of inconsistent state and federal legislation that this Bill would create.

The Bill will regulate various matters that are best dealt with through our comprehensive and carefully developed national workplace relations laws.

These changes will have significant impacts both now and in the future. If pressed, the changes must be carefully considered and not pushed through Parliament.

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