Employees have a reasonable right to privacy and safety in the workplace, and employers have a responsibility to protect these rights. However, as OSHA integrates AI tools into its inspection processes, concerns about privacy and transparency abound. To navigate the potential legal ramifications this could cause your business, it is essential to hire a Texas labor and employment lawyer to advocate for you and your employee’s privacy rights.
Fee Smith & Sharp LLP possesses extensive experience navigating workplace concerns and issues. Even in situations where the guidance may feel murky, our highly skilled team can explain how employers can protect privacy rights during OSHA inspections by utilizing AI-driven tools. With the backing of a national law firm, you can be confident that your business and employees will be protected.
The Role of OSHA
The Occupational Safety and Health Administration (OSHA) is responsible for ensuring workers across the country have access to safe work environments. They accomplish this by developing, implementing, and maintaining a variety of workplace standards and regulations designed to safeguard employees and their rights.
In their capacity to monitor and enforce workplace safety regulations, OSHA also conducts safety inspections. These may be scheduled visits, or inspectors could show up unannounced without employer knowledge. While OSHA conducts periodic, routine inspections, they will also come out and follow up if they receive a report of hazardous or unfair working conditions.
OSHA’s Use of New Technology Could Affect Employee Privacy
Like most organizations, OSHA has begun utilizing AI-driven tools in some capacity and is starting to integrate them into their inspections. One way they may incorporate this technology is through the use of Vuzix M400TM Smart Glasses. With a suite of high-tech capabilities, these glasses would allow OSHA inspectors to capture information and data in real-time.
These glasses are also capable of taking photos and recording video and audio. However, the use of this technology may not be apparent to the businesses they are inspecting. This could raise questions about violating personal privacy and trade secrets that are not currently addressed by federal law.
While it is still too early to tell what level of oversight will be implemented around these tools, it begs the question of how employers can protect privacy rights during OSHA inspections utilizing AI-driven tools. While the organization is designed to protect workers, technology of this nature could undermine its mission and put businesses and employee data at risk. Uncertainty about the implications of these tools presents an opportunity for employers to take preemptive measures to protect themselves and their employers from potential privacy violations.
Recommended Steps to Protect Employee Privacy
The U.S. Department of Labor states that employee rights and privacies should be prioritized when AI tools are involved. Employers have a responsibility to ensure employee data and information are protected and not shared outside the organization without their consent. Using this as guidance, you can take the following steps to help protect the rights of your employees.
Implement Notification and Transparency Policies Around AI Tools
Policies around transparency are essential when it comes to AI. As such, employers should ensure that employees are notified if an OSHA inspector intends to use smart glasses or other AI tools during their site visit. Employees should be aware of exactly what information may be exposed, how the information is being collected, and for what purpose the information will be used.
Get Employee Consent
If you anticipate that an AI tool will be used during your next OSHA inspection, you should alert employees so they are informed and can provide their consent. This could include them providing permission to have their data or other information captured during the visit or agreeing to any surveillance methods that might be anticipated.
The same applies to the use of audio recordings as well. If consent is not provided or it is ignored, employees may report violations of these rights to their employer and legal team. A report can also be filed with OSHA itself within 30 days of the violation.
Take Steps to Protect Data
Data is a very important commodity and should be highly secured and protected. AI tools could threaten the safety of this data by not only capturing sensitive information but also failing to store it properly once captured. If possible, take steps to limit the amount of data that is collected and generalize it to protect personally identifiable information. You should also monitor the security of your data management software and resources.
Labor & Employment Lawyers Help You Safeguard Your Employees
A labor and employment lawyer can be instrumental in ensuring your company and employees are prepared during AI-driven OSHA inspections. By hiring legal representation, you can get ahead of their visits and receive support if an issue arises.
Your lawyer prioritizes the rights and interests of your business and employees at every stage. They will help you create and implement policies and practices that advocate for transparency when the use of AI technology is involved and develop notification processes for how AI usage will affect employees. Your lawyer can also help you communicate what steps can be taken on both the employer and employee levels to maintain the privacy of sensitive information.
Your lawyer is a constant source of support when it comes to protecting your employees and data. They will provide trusted counsel on everyday matters and big issues alike so you can stay focused on running your business. Legal help is your first line of protection for both prevention and mitigation.
Confidently Navigate Privacy Concerns With Fee, Smith & Sharp LLP
Fee, Smith & Sharp LLP is ready to help you protect your employees’ rights and privacies. As AI tools continue to encroach on various aspects of business, employees, operations, and compliance measures, we are here to help you confidently navigate any obstacle that arises. You do not have to figure these issues out for yourself.
To ensure you and your team have the safeguards you need, contact our firm today to schedule a consultation and learn more about how we can support you.