FEATURE RISE OF THE MACHINES
As more manufacturers seek to remedy staff shortages by increasing the use of robots in the workplace, Catherine Wilson, Partner at Keebles LLP advises on several legal implications employers are set to face.
“Employers are required to understand and anticipate how robots will behave and how workers may react in certain situations”
According to a survey by the International Federation for Robotics, historically Britain has the fewest robots in manufacturing in Europe with just 85 robots per 10,000 employees compared with an average of 106 across Europe. However, times are changing as more and more manufacturers, especially in the automotive and food sectors, are choosing to adopt robotics in the workplace to solve staffing issues.
The increasing use of robots in the workplace will have several implications for employers. Increased automation is likely to create redundancies and this seems unavoidable. The legal definition of redundancy includes a scenario where the employer requires fewer employees to perform the type of work in question.
The fact that the work itself still exists and is simply being carried out by robots does not affect the position. Employers must ensure that any dismissal by reason of redundancy meets the legal test of fairness. This requires individual consultation, a fair selection process and active consideration of redeployment options.
Depending upon the numbers of affected staff, employers may also be required to collectively consult either recognised Trade Union Representatives and/ or elected employee representatives. Another possible development of the increased use of robotics may be a need for employers to change employees’ roles and responsibilities such as creating new job roles, duties or even hours and locations.
In the absence of employee consent, it may be possible to dismiss employees and re-employ on the new terms. Such action however, even if lawful, is unlikely to endear increased automation to the workforce and careful legal advice is needed to avoid successful challenge by employees.
Aside from these understandable concerns about the impact on future employment levels, one of the main advantages on the increasing use of robots must
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be to improve the working conditions of remaining employees by avoiding exposure to hazardous work or allowing them to perform less repetitive tasks. Even this benefit is not without some concerns.
In the most common scenarios where robots work alongside humans, there remains a series of risks that need to be mitigated and, with new developments in technology creating robots that can move autonomously around the workplace, more new risks will arise. Health and safety legislation does not currently include any specific rules related to the use of robots in the workplace.
However, employers remain legally obliged to take reasonable measures to make sure their employees are kept safe.
Employers are therefore required to understand and anticipate how robots will behave and how workers may react in certain situations. Common problems include the appropriate use of cages and guards to protect staff from crushing and other potentially dangerous interactions between human employees and both fixed and mobile robots. Other common hazards are accidents caused by mechanical part malfunctions as well as accidents caused by the equipment required to ensure the running of the robot such as its power supply or pressurised fluid lines.
Employers need to ensure that risk assessment processes are updated to ensure they account for the full range of potential hazards posed using robots. Dedicated action plans should be introduced to reduce these hazards. Other steps could include providing clear instructions to human staff, enforcing limits on the operation of robots such as speed limits and ensuring that robots are always rigorously maintained and meet minimum machine safety standards. Regular and up-to-date training and training records are also essential.
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