Source: Sagardoy Abogados

Sagardoy Abogados explores the burgeoning application of artificial intelligence in the field of occupational risk prevention and the associated legal considerations. The article posits that AI technologies are set to revolutionize how companies identify, assess, and mitigate workplace hazards. AI-powered systems can analyze vast amounts of data from various sources—such as workplace sensors, incident reports, and video feeds—to predict and prevent accidents before they occur. For example, computer vision systems can monitor a worksite in real-time to detect if employees are wearing the correct personal protective equipment (PPE) or if they are entering a hazardous area, triggering instant alerts. This predictive capability marks a significant shift from traditional reactive approaches to a proactive and data-driven safety culture.

From a legal standpoint, the integration of AI into workplace safety raises new questions and challenges, particularly under Spanish and European labor law. While these tools can greatly assist employers in fulfilling their duty of care to provide a safe working environment, issues of employee privacy and data protection are paramount. The continuous monitoring of employees, even for safety purposes, must be implemented in a way that is proportionate and respects their fundamental rights under GDPR. The article also touches upon liability; if an AI system fails to predict a hazard or makes an error that leads to an accident, determining legal responsibility among the employer, the software developer, and the employee can be complex. The authors conclude that while AI offers immense potential for improving worker safety, it requires a careful legal and ethical framework to govern its implementation.