Last night the Minns Labor Government’s digital work safety bill passed the NSW Parliament.
The bill will ensure that all work demands must be safe, whether they come from a human or come through artificial intelligence (AI) or algorithms.
This will particularly benefit the growing number of gig workers who receive work instructions through an app or digital platform, including thousands food delivery drivers and riders, warehouse workers and home care workers.
NSW is the home of innovation in Australia and digital work systems are being used extensively in NSW to grow productivity and efficiencies. The bill will ensure this continues safely.
Throughout the public debate on the bill, including in Parliamentary inquiries since 2020, NSW has heard of the growing concerns of workers, including stories of workers using an app penalised for taking breaks, penalised if they don’t take an unsafe delivery route or pressured to rush care for NDIS clients.
The need for these protections is underscored by the more than 366 total incidents involving gig food delivery riders, including tragically 7 fatalities in NSW.
The bill requires industry guidelines, in consultation with business and unions, before any inspection powers are switched on. This will include specialised guidelines for the food delivery industry.
The guidelines will provide further clarity to workers and businesses about what their rights and obligations under the new legislation are. These measures will ensure that NSW gets the balance right.
The Government and SafeWork NSW will also make a funding package available to assist businesses and unions in understanding those obligations.
The bill also extends the well understood and existing right of entry framework under the Work Health and Safety Act (2011) (WHS Act) to digital systems.
Despite the misinformation campaign from the NSW Opposition, the Bill does not override the existing safeguards in the WHS Act, including protections on data and privacy and penalties for misusing inspection powers.
The passage of the bill demonstrates the commitment of the Minns Labor Government to keeping all workers safe at work, no matter how they work.
Minister for Industrial Relations Sophie Cotsis said:
“The Minns Labor Government is ensuring that workers are protected in the digital age. Behind every safety statistic is a person, a family, and a community. Our focus is simple: making sure every worker gets home safe at the end of the day.
“This reform follows the $127.7 Million package to workplace health and safety, ensuring better support for workers and businesses.
“Thank you to everyone involved and who contributed, especially those who gave evidence at the parliamentary inquiries that informed this Bill, and the families who have lost their loved ones to an unsafe system.
“I look forward to our continuing, productive dialogue with industry and unions to keep working Australians safe.”