Making algorithmic management safe and healthy for workers: Addressing psychosocial risks in new legal provisions

Abstract

The increasing deployment of algorithmic management in the workplace poses significant occupational safety and health risks for workers. In this article, we argue that existing and proposed EU regulatory frameworks are inadequate to address these risks, especially psychosocial risks, created or exacerbated by algorithmic management. While existing and proposed regulatory frameworks have significant implications for employers’ obligations to mitigate these risks, we identify several psychosocial risks created or exacerbated by algorithmic management and show how the current and proposed regulatory frameworks fall short of adequately addressing these risks. We observe that these frameworks, based largely in the ‘safety by design’ tradition, focus on the design phase of the technology life cycle. This focus does not adequately address risks that arise in the use or deployment stage of algorithmic management. There is therefore a need for a stand-alone piece of legislation at the EU level on algorithmic management. To address these shortcomings, we outline suggestions for provisions necessary for safe and healthy digitally managed work.