In recent years, an increasing number of manufacturers have mandated the use of wearable technologies among their workforce, aiming to enhance productivity and safety measures while concurrently addressing health risks.
While the proliferation and adaptation of these innovative devices continue to transform the manufacturing sector, the associated implications for employment law remain steadfast and should be a primary consideration for firms venturing into this technological realm.
Defining Wearable Technologies
Wearable technologies refer to sophisticated devices donned by manufacturing personnel, designed to gather and relay vital information, while fulfilling crucial functions aimed at improving efficiency and safety.
Prevalent examples include smart helmets—equipped with features for head protection, fatigue monitoring, hazard recognition, and augmented reality—and smart vests or clothing that provide real-time monitoring of vital signs to alleviate heat and stress-related health hazards.
Additionally, ergonomic sensors are employed to track body positioning, ensuring adherence to proper lifting and handling techniques, thereby mitigating risks of workplace injuries.
Typically, these devices come integrated with global positioning system (GPS) capabilities, facilitating alerts regarding safety threats based on the user’s location within the facility, especially in relation to the handling of tools, equipment, and materials.
For instance, a worker sourcing items near a busy warehouse thoroughfare may receive an audible alert to remain vigilant of adjacent forklift activity.
Legal Risks and Challenges in Employment
Despite the manifold advantages these technologies offer, they also engender legal risks and challenges that manufacturers must navigate as they seek to implement or broaden their usage.
Primarily, companies that monitor vital signs through wearable tech or require disclosure of personal health information must be cognizant of the potential implications under the Americans with Disabilities Act (ADA) and other pertinent federal and state legislation.
The ADA restricts employers from making “disability-related inquiries” or demanding “medical examinations” unless such actions are relevant to job performance and aligned with operational necessity.
Furthermore, employers are prohibited from utilizing data gleaned from wearable devices to make detrimental employment decisions based on protected characteristics.
For example, it would be impermissible to use biometric data, such as fluctuations in heart rate or blood pressure, to infer a medical condition like diabetes, leading to discriminatory treatment against the affected employee.
Additionally, the ADA mandates that employers maintain all medical information, including biometric data obtained from wearables, in a secure, confidential medical file distinct from the employee’s general personnel records.
Moreover, the use of wearables raises substantial concerns regarding privacy, surveillance, and data security surrounding the collection and storage of biometric information.
Manufacturers contemplating the integration of smart glasses, intended to help employees identify safety hazards or optimize task execution, must consider the possibility that these devices may inadvertently capture other employees in sensitive areas, such as restrooms or changing facilities, thus violating state privacy and workplace surveillance regulations.
As previously emphasized, the ADA and state laws dictate that medical or disability-related data must be securely stored in a separate, confidential medical file.
Although many wearables utilize GPS technology to notify workers of potential hazards, employees may view these features as a breach of privacy during breaks or personal time, raising ethical considerations.
Lastly, manufacturers should remain vigilant about ensuring robust data security protocols, especially concerning biometric information collected by these devices.
As the utilization of wearable technologies expands to bolster productivity, it is imperative that manufacturers remain informed about these critical employment law considerations.
Consultation with knowledgeable employment legal counsel is advisable for manufacturers to ensure compliance with federal and state anti-discrimination laws and to address other salient employment law matters.
Source link: Natlawreview.com.
