Bill will require employers to more closely examine how their digital work systems affect employee health and safety, particularly in relation to workload, monitoring and decision-making.

Businesses in NSW that use, or are considering the use of, digital work systems will need to plan ahead in response to the new Work Health & Safety (WHS) duties relating to technology, currently before NSW Parliament.

Expected to pass in the new year, the Work Health and Safety Amendment (Digital Work Systems) Bill 2025 (NSW) (Bill) reflects a growing regulatory focus on the psychosocial risks associated with algorithmic management and workplace surveillance. If enacted, the Bill will require employers to more closely examine how their digital work systems affect employee health and safety, particularly in relation to workload, monitoring and decision-making.

The new framework: What businesses need to know

The Bill introduces specific duties requiring Persons Conducting a Business or Undertaking (PCBUs) to ensure that the use and allocation of work by a 'digital work system' are without risks to health and safety. A 'digital work system' is broadly defined as an algorithm, AI, automation or online platform. Common digital tools, which are likely to fall within this definition include automated rostering and performance tracking software.

Importantly, the Bill clarifies that core WHS duties apply to the technology itself. This means that the law treats the algorithm, AI, or the...

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