In recent years, certain manufacturers have mandated the use of wearable technologies at work to enhance efficiency and productivity while mitigating health and safety risks. While the application of wearable technology continues to evolve and reshape the manufacturing industry, the implications under employment law remain significant and should be a primary consideration for manufacturers adopting these technologies.
Wearable Technologies: A New Era in Manufacturing
Wearable technologies comprise smart devices worn by manufacturing workers that collect and transmit information, performing essential efficiency and safety-related functions. Common wearables include:
– Smart helmets that provide enhanced head protection, fatigue monitoring, hazard identification, and augmented reality features.
– Vests and other smart clothing designed to transmit real-time vital sign monitoring to mitigate heat and stress-related health risks.
– Ergonomic sensors that monitor a worker’s body position to ensure proper lifting, carrying, and transfer techniques, reducing the risk of work-related injuries.
Most wearable devices incorporate global positioning system (GPS) monitoring, enabling these devices to warn workers of potential safety risks or make relevant recommendations based on their location within a facility. For example, a worker retrieving materials near a highly trafficked area of a warehouse might receive an audible warning about nearby forklift or other machinery activity.
Employment Law Risks and Challenges
Despite the advantages of wearable technology, these devices also present legal risks and challenges that manufacturers must consider when implementing or expanding their use.
Firstly, manufacturers that monitor workers’ vital signs via wearable technologies or require the disclosure of personal health information in connection with specific smart devices should be mindful that such practices may implicate the Americans with Disabilities Act (ADA) or other federal and state laws.
The ADA limits an employer’s ability to make “disability-related inquiries” or require “medical examinations” unless these are job-related and consistent with business necessity. Employers are prohibited from using information collected from wearable technologies to make adverse employment decisions impacting workers based on their protected characteristics.
For instance, an employer may not utilize biometric data or measurable characteristics of the human body, such as heart rate variability, blood pressure fluctuations, or activity and stress levels, collected from an employee’s wearable technology to infer a medical condition and subject the employee to disparate treatment.
Moreover, the ADA requires employers to store medical information, which may include biometric data collected by a wearable device, in a confidential medical file separate from the employee’s personnel file.
Privacy, Surveillance, and Security Concerns
Wearable technologies also raise various privacy, surveillance, and security concerns regarding the collection, monitoring, and storage of employee biometric information.
For example, manufacturers considering the use of smart glasses should be cautious about the possibility of workers inadvertently recording others in private areas, such as restrooms or locker rooms, or recording conversations, thus improperly collecting information about other employees, potentially violating state privacy, workplace surveillance, or other laws.
Additionally, while many wearable technologies use GPS to warn workers of potential hazards, workers may perceive these features as an invasion of privacy during rest or meal breaks or when using the restroom during their shift.
Data Security Considerations
Manufacturers must also prioritize data security, particularly concerning wearable devices and the biometric information they collect.
To ensure compliance with federal and state anti-discrimination laws and address other critical employment law issues, manufacturers should consult competent employment counsel.
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Note: This article is inspired by content from https://www.manufacturing.net/laws-regulations/article/22954325/legal-challenges-of-wearable-technology. It has been rephrased for originality. Images are credited to the original source.