AI and HSE’s regulatory remit
HSE regulates AI in a way that aligns with our mission and priorities.
HSE’s role in regulating AI includes:
- regulating the use of AI where it impacts on health and safety in workplaces where HSE is the enforcing authority
- regulating the use of AI in design, manufacture and supply of workplace machinery, equipment and products for use in the workplace as a Market Surveillance Authority under the Product Safety regulatory framework
- where AI impacts on HSE’s role to protect people and places
Health and safety law
Most health and safety legislation enforced by HSE arises from the Health and Safety at Work etc Act 1974, which sets objectives to be achieved without prescribing how to achieve them. The goal-setting nature of this legislation means it is applicable regardless of the technology being used and so includes the use of AI in the workplace.
Assess and manage risks from AI in the workplace
The central principle of health and safety law is that those who create risks are best placed to manage and control that risk in a sensible, proportionate, and pragmatic way. As benchmarks develop for the use of AI, we want to reach a point where AI risk is no longer novel and is managed in the same way as any other risk.
Health and safety legislation requires a risk assessment to be undertaken for uses of AI which impact on workplace health and safety and appropriate controls to be put in place to reduce risk so far as is reasonably practicable. This should include addressing cyber security threats.
AI is rapidly developing in capability and is a transformative technology. It can create and exacerbate health and safety risk but also has the potential to bring real benefits for health and safety. HSE has undertaken work to explore how AI is used in HSE Regulated Sectors, identifying key areas, and will use this to increase understanding of how AI impacts on health and safety.
HSE’s regulatory approach is risk-based and proportionate, to protect people and places, while enabling innovation and growth. HSE is experienced at helping Great Britain adapt safely to technological changes in the workplace and in consultation with industry, routinely deal with innovation in the areas we regulate.
Developing HSE’s regulatory approach to AI
The focus of the work we’re doing to continue to develop our regulatory approach to AI includes:
- co-ordinating work on AI, sharing knowledge and identifying key issues through an internal AI common interest group, bringing together colleagues from across HSE
- working with government departments to shape the approach to AI regulation
- collaborating with other regulators, though forums including the AI Standards Forum for UK Regulators and the United Kingdom Health and Safety Regulators Network AI and Innovation Sub-Group, to encourage a consistent regulatory approach
- contributing to the development of benchmarks to enable industry to use AI safely, including involvement in international standards development and working with industry stakeholders on safety of AI technologies
- building our capability and experience in AI across specialist and scientific areas of HSE and working with industry and academic partners as appropriate
- identifying AI developments of interest to HSE through horizon scanning and monitoring national and international AI developments , from a practical and regulatory perspective
- supporting research bids that align with HSE’s areas of research interest (on GOV.UK) and help develop safe use of AI and the ability to regulate AI use
- setting up and trialling of an Industrial Safetytech Regulatory Sandbox (on discoveringsafety.com) to explore practical barriers to adoption of Industrial Safetytech in construction and how to address them
- securing funding from the AI Security Institute to conduct a feasibility study on the risks and opportunities of using AI in the supply chain for new and emerging technologies delivering net zero targets.
- sharing emerging advances and lessons learned to support safe adoption of AI, through international scientific partnerships and networks
Future work to develop our regulatory approach
HSE will continue our work to develop our regulatory approach to AI. We will work with our stakeholders as AI develops and, using our expertise, explore the challenges and opportunities it brings.