Workforce Bulletin

The rise of workplace wearable technology has opened new possibilities for employee efficiencies, safety, and health monitoring. Collecting health-related workplace data, however, may subject employers to liability under nondiscrimination laws.

Yesterday, the Equal Employment Opportunity Commission (“EEOC”) published a fact sheet addressing potential concerns and pitfalls employers may run into when gathering and making employment related decisions based on health-related information.

Understanding Workplace Wearables

Wearable technologies, or “wearables,” are digital devices worn on the body that can track movement, collect biometric data, and monitor location. Employers have implemented these tools for a multitude of reasons, including tracking and predicting how long certain tasks take employees to promote efficiency. Wearables may also be programmed to recognize signs of fatigue, like head or body slumps, and notice improper form when lifting, which can be critical for workplace health and safety.

We'd like to recommend an upcoming complimentary webinar, "Data Privacy and Security in the Hospitality Industry Webinar: Legal Strategies Amid Growing Liability Threats" (Oct. 10, 2:00 p.m. EDT), by our Epstein Becker Green colleagues Kara M. Maciel, Robert J. Hudock, Alaap B. Shah,and Adam C. Solander.

By Casey M. Cosentino and Eric J. Conn

 According to statistics recently reported by OSHA, the number of workplace inspections conducted by federal OSHA in FY 2011 fell to a total of 40,215, down 778 from 2010.  The agency attributes this slight decline in the number of inspections to the fact that many inspections, particularly those focused on health hazards and recordkeeping compliance, require more time per inspection.  Gone are the days when the Compliance Officer drops by for a cup of coffee.  Now, OSHA wants to know which office in which they should set up because they are going to be ...