Electronic workplace surveillance and employee privacy : a comparative analysis of privacy protection in Australia and the United States

More than a century ago in their definitive work “The Right to Privacy” Samuel D. Warren and Louis D. Brandeis highlighted the challenges posed to individual privacy by advancing technology. Today’s workplace is characterised by its reliance on computer technology, particularly the use of email and the Internet to perform critical business functions. Increasingly these and other workplace activities are the focus of monitoring by employers. There is little formal regulation of electronic monitoring in Australian or United States workplaces. Without reasonable limits or controls, this has the potential to adversely affect employees’ privacy rights. Australia has a history of legislating to protect privacy rights, whereas the United States has relied on a combination of constitutional guarantees, federal and state statutes, and the common law. This thesis examines a number of existing and proposed statutory and other workplace privacy laws in Australia and the United States. The analysis demonstrates that existing measures fail to adequately regulate monitoring or provide employees with suitable remedies where unjustifiable intrusions occur. The thesis ultimately supports the view that enacting uniform legislation at the national level provides a more effective and comprehensive solution for both employers and employees. Chapter One provides a general introduction and briefly discusses issues relevant to electronic monitoring in the workplace. Chapter Two contains an overview of privacy law as it relates to electronic monitoring in Australian and United States workplaces. In Chapter Three there is an examination of the complaint process and remedies available to a hypothetical employee (Mary) who is concerned about protecting her privacy rights at work. Chapter Four provides an analysis of the major themes emerging from the research, and also discusses the draft national uniform legislation. Chapter Five details the proposed legislation in the form of the Workplace Surveillance and Monitoring Act, and Chapter Six contains the conclusion.

Using the results of routine laboratory workplace surveillance activities to assess compliance with recommended biosafety guidelines

The biological safety profession has historically functioned within an environment based on recommended practices rather than regulations, so summary data on compliance or noncompliance with recommended practices is largely absent from the professional literature. The absence of safety performance outcome data is unfortunate since the concept of biosafety containment is based on a combination of facility based controls and workplace practices, and persistent failures in either type of controls could ultimately result in injury or death. In addition, the number of laboratories requiring biosafety containment is likely to grow significantly in the coming years in the wake of the terrorist events of 2001. In this study, the outcomes of 768 biosafety level 2 (BSL-2) safety surveys were analyzed for commonalities and trends. Items of non-compliance noted were classified as facility related or practice related. The most frequent item of noncompliance encountered was the failure to re-certify biosafety cabinetry. Not surprisingly, the preponderance of the other frequent items of non-compliance encountered were practice related, such as general housekeeping orderly, changes in compliance levels, as well as establish trends in the elements of items of non-compliance during the sequential survey period. The findings described in this study are significant because, for the first time, the outcomes of compliance with recommended biosafety practices can be characterized and thus used as the basis for focused interventions. Since biosafety is heavily reliant on adherence to specific safety practices, the ability to focus interventions on objectively identified practice-related items of non-compliance can assist in the reduction of worker risk in this area experiencing tremendous growth. The information described is also of heighten importance given the number of workplaces expected to involve potentially infectious agents in the coming years. ^

If Big Brother comes to a venue near you! Employee surveillance issues and the communication professional

Todoy's monogers-drowing on the expertise of their IT professiono/s-workplace privacy, key communication and control issues, the current legal climate, and ethical issues that communication professionals need to address to forestall future problems. lA questionnaire is included as a starting point for communication professionals to assess their own attitudes and values to workplace surveillance.

A comparative analysis of opinions of Americans, Australians and Malaysians on the use of biometric devices in workplaces for security and monitoring of worker productivity

Since the September 11, 2001 terrorist attacks in New York, the use of biometric devices such as fingerprint scans, retina and iris scans and facial recognition in everyday situations for national security and border control, have become commonplace. This has resulted in the biometric industry moving from being a niche technology to one that is ubiquitous. As a result. more and more employers are using biometrics to secure staff access to their facilities as well as for tracking staff work hours, maintaining 'discipline' and carry out surveillance against thefts. detecting work hour abuses and fraud. However, the data thus collected and the technologies themselves are feared of having the potential for and actually being misused - both in terms of the violating staff privacy and discrimination and oppression of targeted workers. This paper examines the issue of using biometric devices in organisational settings their advantages, disadvantages and actual and potential abuses from the point of view of critical theory. From the perspectives of Panoptic surveillance and hegemonic organisational control, the paper examines the issues related to privacy and identification, biometrics and privacy, biometrics and the 'body', and surveillance and modernity. The paper also examines the findings ofa survey carried out in Australia. Malaysia and the USA on respondents' opinions on the use of biometric devices in everyday life including at workplaces. The paper concludes that along with their applications in border control and national security, the use of biometric devices should be covered by relevant laws and regulations. guidelines and codes of practice. in order to balance the rights to privacy and civil liberties of workers with employers' need for improved productivity, reduced costs, safeguards related to occupational health and safety, equal opportunity, and workplace harassment of staff and other matters, that employers are legally responsible for.

Foucault goes to the footy: professionalism, performance, prudentialism and playstations in the life of AFL footballers

This paper will report on a research project funded by the Australian Football League (AFL) that is exploring the emergence and evolution of a ‘professional identity’ for AFL footballers – an identity that has many facets including the emerging ideas that a professional leads a balanced life, and has a prudent orientation to the future. The research is informed by Foucault’s later work on the care of the Self to focus on the ways in which player identities are governed by coaches, club officials, player agents and the AFL Commission/Executive; and the manner in which players conduct themselves in ways that can be characterised as professional - or not. The paper explores elements of these processes by analysing the forms of risk management that Clubs use in the processes of List and Player management that they engage in as a consequence of AFL rules. Psychological testing and profiling of players is becoming more important in identifying, recruiting and managing players. The paper discusses how this testing is used to identify character or personality traits prior to initial recruitment in the draft or trading processes – and suggests that a number of issues related to workplace surveillance and identity emerge as a result.

Forum: social network for the surveillance and prevention of workplace accidents

In 2008, academic researchers and public service officials created a university extension studies platform based on online and on-site meetings denominated "Work-Related Accidents Forum: Analysis, Prevention, and Other Relevant Aspects. Its aim was to help public agents and social partners to propagate a systemic approach that would be helpful in the surveillance and prevention of work-related accidents. This article describes and analyses such a platform. Online access is free and structured to: support dissemination of updated concepts; support on-site meetings and capacity to build educational activities; and keep a permanent space for debate among the registered participants. The desired result is the propagation of a social-technical-systemic view of work-related accidents that replaces the current traditional view that emphasizes human error and results in blaming the victims. The Forum uses an educational approach known as permanent health education, which is based on the experience and needs of workers and encourages debate among participants. The forum adopts a problematizing pedagogy that starts from the requirements and experiences of the social actors and stimulates support and discussions among them in line with an ongoing health educational approach. The current challenge is to turn the platform into a social networking website in order to broaden its links with society.

Forum: social network for the surveillance and prevention of workplace accidents

In 2008, academic researchers and public service officials created a university extension studies platform based on online and on-site meetings denominated "Work-Related Accidents Forum: Analysis, Prevention, and Other Relevant Aspects. Its aim was to help public agents and social partners to propagate a systemic approach that would be helpful in the surveillance and prevention of work-related accidents. This article describes and analyses such a platform. Online access is free and structured to: support dissemination of updated concepts; support on-site meetings and capacity to build educational activities; and keep a permanent space for debate among the registered participants. The desired result is the propagation of a social-technical-systemic view of work-related accidents that replaces the current traditional view that emphasizes human error and results in blaming the victims. The Forum uses an educational approach known as permanent health education, which is based on the experience and needs of workers and encourages debate among participants. The forum adopts a problematizing pedagogy that starts from the requirements and experiences of the social actors and stimulates support and discussions among them in line with an ongoing health educational approach. The current challenge is to turn the platform into a social networking website in order to broaden its links with society.

Design of a systematic approach to workplace exposure medical surveillance protocols

Current toxic tort cases have increased national awareness of health concerns and present an important avenue in which public health scientists can perform a vital function: in litigation, and in public health initiatives and promotions which may result. This review presents a systematic approach, using the paradigm of interactive public health disciplines, for the design of a matrix framework for medical surveillance of workers exposed to toxic substances. The matrix framework design addresses the required scientific bases to support the legal remedy of medical monitoring for workers injured as a result of their exposure to toxic agents. A background of recent legal developments which have a direct impact on the use of scientific expertise in litigation is examined in the context of toxic exposure litigation and the attainment of public health goals. The matrix model is applied to five different workplace exposures: dental mercury, firefighting, vinyl chloride manufacture, radon in mining and silica. An exposure matrix designed by the Department of Energy for government nuclear workers is included as a reference comparison to the design matrix. ^

Surveillance of severe chemical corneal injuries in the UK

AIM: To estimate the incidence of severe chemical corneal injuries in the UK and describe presenting clinical features and initial management.

METHODS: All patients with severe chemical corneal injury in the UK from December 2005 to November 2006 inclusive were prospectively identified using the British Ophthalmological Surveillance Unit. Reporting ophthalmologists provided information regarding presentation and follow-up.

RESULTS: Twelve cases were identified, giving a minimum estimated incidence in the UK of severe chemical corneal injury of 0.02 per 100,000. 66.7% of injuries were in males of working age, 50% occurred at work, and alkali was causative in 66.7%. Only one patient was wearing eye protection at the time of injury, 75% received immediate irrigation. Six patients required one or more surgical procedures, most commonly amniotic membrane graft. At 6 months' follow-up, the best-corrected visual acuity was 6/12 or better in five patients, and worse than 6/60 in two.

CONCLUSION: The incidence of severe chemical corneal injury in the UK is low. The cases that occur can require extended hospital treatment, with substantial ocular morbidity and visual sequelae. Current enforcement of eye protection in the workplace in the UK has probably contributed to a reduced incidence of severe ocular burns.

La surveillance de l'utilisation d'Internet au travail : guide des droits et obligations des employeurs

Tout employeur qui fournit l'accès Internet au sein de son entreprise a intérêt à surveiller l'usage qui en est fait par ses employés, que ce soit pour maximiser les avantages ou pour réduire les risques liés à l'utilisation d'Internet au travail. Tout employeur a d'ailleurs le droit d'exercer une telle surveillance, sous réserve toutefois des droits des personnes surveillées. La mise en place d'une surveillance de l'utilisation d'Internet au travail peut porter atteinte à la vie privée des employés ou à leur droit à des conditions de travail justes et raisonnables, et peut également porter atteinte au droit à la vie privée des tiers indirectement visés par la surveillance. Dans ce contexte, afin de s'assurer que la surveillance est exercée dans les limites de ses droits, l'employeur doit franchir deux étapes de réflexion essentielles. L'employeur doit en premier lieu déterminer le niveau d'expectative raisonnable de vie privée des personnes surveillées, lequel niveau s'apprécie à la lumière d'une série de facteurs. L'employeur doit par ailleurs respecter les critères de rationalité et de proportionnalité. Ces critères requièrent notamment que l'employeur identifie les motifs sous-jacents à la surveillance ainsi que la manière dont la surveillance sera exercée. Une fois ces deux étapes franchies, l'employeur sera en mesure d'identifier les obligations auxquelles il est soumis dans le cadre de la mise en place de la surveillance.

Exposure databases and exposure surveillance : promise and practice

Based on recent developments in occupational health and a review of industry practices, it is argued that integrated exposure database and surveillance systems hold considerable promise for improving workplace health and safety. A foundation from which to build practical and effective exposure surveillance systems is proposed based on the integration of recent developments in electronic exposure databases, the codification of exposure assessment practice, and the theory and practice of public health surveillance. The merging of parallel, but until now largely separate, efforts in these areas into exposure surveillance systems combines unique strengths from each subdiscipline. The promise of exposure database and surveillance systems, however, is yet to be realized. Exposure surveillance practices in general industry are reviewed based on the published literature as well as an Internet survey of three prominent industrial hygiene e-mail lists. Although the benefits of exposure surveillance are many, relatively few organizations use electronic exposure databases, and even fewer have active exposure surveillance systems. Implementation of exposure databases and surveillance systems can likely be improved by the development of systems that are more responsive to workplace or organizational-level needs. An overview of exposure database software packages provides guidance to readers considering the implementation of commercially available systems. Strategies for improving the implementation of exposure database and surveillance systems are outlined. A companion report in this issue on the development and pilot testing of a workplace-level exposure surveillance system concretely illustrates the application of the conceptual framework proposed.

Integrating workplace exposure databases for occupational medicine services and epidemiologic studies at a former nuclear weapons facility

We outline methods for integrating epidemiologic and industrial hygiene data systems for the purpose of exposure estimation, exposure surveillance, worker notification, and occupational medicine practice. We present examples of these methods from our work at the Rocky Flats Plant?a former nuclear weapons facility that fabricated plutonium triggers for nuclear weapons and is now being decontaminated and decommissioned. The weapons production processes exposed workers to plutonium, gamma photons, neutrons, beryllium, asbestos, and several hazardous chemical agents, including chlorinated hydrocarbons and heavy metals. We developed a job exposure matrix (JEM) for estimating exposures to 10 chemical agents in 20 buildings for 120 different job categories over a production history spanning 34 years. With the JEM, we estimated lifetime chemical exposures for about 12,000 of the 16,000 former production workers. We show how the JEM database is used to estimate cumulative exposures over different time periods for epidemiological studies and to provide notification and determine eligibility for a medical screening program developed for former workers. We designed an industrial hygiene data system for maintaining exposure data for current cleanup workers. We describe how this system can be used for exposure surveillance and linked with the JEM and databases on radiation doses to develop lifetime exposure histories and to determine appropriate medical monitoring tests for current cleanup workers. We also present time-line-based graphical methods for reviewing and correcting exposure estimates and reporting them to individual workers.