Our OSHA Practice Group wrapped up the final full day of the ABA Workplace and Occupational Safety and Health Law Committee's Midwinter Meeting in San Juan with sessions that took a deep dive...
Our OSHA Practice Group wrapped up the final full day of the ABA Workplace and Occupational Safety and Health Law Committee's Midwinter Meeting in San Juan with sessions that took a deep dive into the future of AI in safety, trial advocacy in OSHA litigation, necessary modernization of longstanding OSHA standards, and the ethical landscape surrounding inspections and citations. Here are our key takeaways from Friday's programming.
AI and Safety: The Good, the Bad, and the Really Ugly
The morning opened with a discussion on the rapid integration of artificial intelligence into workplace safety programs. Panelists explored how employers are experimenting with AI tools for hazard identification, PPE detection and enforcement, real‑time alerts, and even predictive modeling of worker behavior—functions sometimes referred to as agentic AI.
But the enthusiasm for innovation came with caution. Panelists emphasized several legal and practical risks:
- Discoverability: AI‑analyzed videos and data streams documenting conduct in the workplace may be subject to disclosure in an OSHA inspection or in litigation, raising the risk of OSHA using the data to issue additional citations.
- Privacy & Employee Relations: Employees increasingly express concerns about over‑surveillance and whether AI,...
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