AI and the Department of Labor

In a previous posts we discussed concerns to do with the application of Artificial Intelligence (AI), specifically ChatGPT, to process safety management. One of those concerns was legal liability (see ChatGPT and Information Integrity).

The Department of Labor of the U.S. Federal Government has issued some guidance on this topic. The Department of Labor (Wage and Hour Division/WHD) has published Field Assistance Bulletin No. 2024-1: Artificial Intelligence and Automated Systems in the Workplace under the Fair Labor Standards Act and Other Federal Labor Standards. It says,

AI and other automated systems can provide ways to streamline tasks for employers, improve workplace efficiency and safety, and enhance workforce accountability. However, without responsible human oversight, the use of such technologies may pose potential compliance challenges with respect to federal labor standards. As new technological innovations emerge, the federal laws administered and enforced by WHD continue to apply, and employees are entitled to the protections these laws provide, regardless of the tools and systems used in their workplaces.

This information applies to hourly workers, and so is not likely to have a significant process safety impact. However, given that OSHA is also part of the Department of Labor, it is possible that they will also issue guidance on the use of AI in the coming months.