MTA NSW opposes Digital Work Systems amendment to the NSW WH&S Act

The NSW Government’s proposed amendment to the Work Health and Safety Act to insert a new “digital work system” schedule as well as broadening the powers of WH&S workplace entry permit holders is, in the view of MTA NSW, ill-conceived and lacking detail.

Any change to the Work Health and Safety Act in NSW has a direct impact on our members.

The proposed changes to the Act include:

• Inserting a definition of a digital work system, meaning an algorithm, artificial intelligence, automation or online platform and broadly covers the type of work systems a business may use that may pose potential risks to workers. However, the amendment does not define what an algorithm, AI, automation of online platform is, leaving small businesses to try and define what these systems are.

• That employers consider the risks of workplace systems have on workers health and to consider whether the allocation of work by a digital system creates or results in any risks including unreasonable workloads, excessive or unreasonable metrics to assess the performance of workers or monitoring of workers.

The bill also includes sections that will allow entry permit holders to access and inspect digital work systems and require employers and businesses to make those systems available to the permit holder.

While the government has been advocating the protection of workers in larges businesses, we believe they have failed to examine the consequences on small businesses, the largest part of the business economy in NSW.

The bill, in its current form, does not provide enough clarity for automotive small businesses which could lead to unintended consequences for members including breach notices and fines.

During a time where NSW needs to increase productivity and encourage small businesses to invest in new technologies that will assist these businesses to streamline their operations and increase their output this bill will only hamper these efforts

MTA NSW has written to members of Parliament expressing our deep concerns on this bill and requesting that the bill not pass the Parliament in its present form.  We will continue to monitor the progress of this bill and continue to advocate for our members.