Artificial intelligence in the work process. A reflection on the proposed European Union regulations on artificial intelligence from an occupational health and safety perspective

Abstract

Artificial intelligence (AI) finds increasingly growing applications in the working environment. Its importance has been recognised by the European Parliament and the European Commission, as reflected in the legislation prepared at the European Union level. As the use of AI creates new risks hitherto unknown from an Occupational Health and Safety (OHS) perspective, the question is whether the proposed EU regulations address these risks. The starting point for further consideration should be an analysis of the proposed changes to EU law in the context of the general principles of labour law. In addition to proposals to amend EU law on artificial intelligence, this article examines current occupational safety and health legislation. Issues related to occupational safety and health monitoring of employers using artificial intelligence were also the subject of the study. The social sciences' perception of human labour is not insignificant in assessing the new relationship at the employer-AI-employee level. The proposed model for regulating AI by the EU legislator is insufficient. First and foremost, there is no clear indication of the employer's obligations towards employees concerning occupational health and safety. Certainly, the essence of the EU law should be to establish the role of the employer in the process and of the Labour Protection Authorities, on the assumption that AI is only a working tool and not a subject of the law. Authorities should work together with employers to achieve the regulation objectives. Consideration should be given to introducing a responsive method of regulation in EU law, whereby the employer's application of employee health protection standards would be reviewed by the Authority to ensure that the objectives of the regulation are met. Depending on achieving a specific outcome or failing to meet the set targets, the Authority could intervene by applying appropriate punitive, incentive or reward mechanisms to the employer. Such a system of action, supported by providing adequate information to employers about the new risks associated with using AI, makes it possible to mobilise employers to take specific measures to protect employees' mental and physical health.