CALLS FOR NSW GOVERNMENT TO RETHINK NEW DIGITAL SAFETY LAWS FOR WORKPLACES

Date: 11/02/26

Australia’s peak body for workplace health and safety says more consultation is needed on proposed legislation that requires businesses in New South Wales to treat technology as a ‘unique hazard’.

The Australian Institute of Health and Safety (AIHS) warns the Work Health and Safety Amendment (Digital Work Systems) Bill being considered by the NSW Government is “fundamentally flawed” and not consistent with national WHS laws."

AIHS Chair Celia Antonovsky said the Bill seeks to introduce a ‘Digital Work System Duty’ requiring businesses to ensure algorithms and AI do not jeopardise worker safety but ignores the root cause which is poor work design.

"The AIHS supports protecting workers from modern workplace pressures but if a driver is fatigued by an unachievable target, the risk is identical whether that target was set by a manager or an algorithm,” Ms Antonovsky said.

“What the Bill fails to do is recognise risks such as fatigue and psychological injury remain constant whether a task is assigned by a human or machine.”

Ms Antonovsky said the proposed Bill risks creating regulatory inconsistency that undermines the principles of Good Work Design which is the process of organising tasks to eliminate or minimise risks at their source.

“We are urging the NSW Government to extend consultation and work with the AIHS and WHS experts to harmonise the Bill with national standards and ensure it is evidence based.

“The fundamental flaw is treating a digital system as a unique hazard.”

She said engaging with practitioners on the ground would ensure amendments are fit for purpose, evidence-based, and capable of addressing the modern realities of the workplace without sacrificing the national consistency of model laws.

“It is what is needed to drive continuous safety improvement across Australia because everyone – no matter the industry – has the right to go to work and go home safely,” she said.