---
title: "WHS risk assessment for AI-driven work allocation and monitoring (psychosocial hazards)"
url: "https://ailawframework.com/precedents/employment-and-workplace-relations/ai-psychosocial-risk-assessment"
type: "precedent"
site: "AI Law Framework"
id: "a14-ai-psychosocial-risk-assessment"
area_id: "A14"
kind: "checklist"
ai_level: "yellow"
version: 1
law_stated_as_at: "2026-10-17"
---

# WHS risk assessment for AI-driven work allocation and monitoring (psychosocial hazards)

> Checklist and risk register for assessing algorithmic rostering, task allocation, performance targets and monitoring as psychosocial hazards, with consultation steps and controls under WHS law.

Canonical page: https://ailawframework.com/precedents/employment-and-workplace-relations/ai-psychosocial-risk-assessment  
Law stated as at: 2026-10-17

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

- Kind: Checklist. Steps or checks to work through and tick off.
- Practice area: [Employment & Workplace Relations](https://ailawframework.com/precedents/employment-and-workplace-relations.md)
- Jurisdictions: Australia, New South Wales
- AI level: Yellow. AI can help in set ways. A lawyer checks specific points before use.
- Law stated as at: 2026-10-17
- Status: Maintained. Checked on 2026-10-17 against the 7 authorities it cites, for Australia and New South Wales.

## When to use it

Use before a client introduces, expands or changes AI or algorithmic management tools, and when reviewing existing tools after complaints or incidents. Use with the jurisdiction's psychosocial regulations and approved code of practice.

## How AI may be used

AI can organise policies, surveys and incident records into a draft hazard register with document citations, but consultation with workers is mandatory and cannot be replaced by AI analysis, and the risk ratings and controls are decisions for the duty holder with legal advice.

**AI may:**

- Build a draft register from cleared policies, survey results and incident records, citing the document for each entry.
- Summarise the vendor's description of how the tool allocates work and sets targets.
- List gaps where no evidence exists for a control.

**AI must not:**

- Must not replace consultation with workers and health and safety representatives.
- Must not be given identifiable workers compensation, medical or employee assistance records.
- Must not assign final risk ratings or decide that a control is reasonably practicable.

**The lawyer checks:**

- Workers and HSRs were consulted at each required step, and the record shows how their views were considered.
- Each hazard has controls applied in the hierarchy (eliminate first, then minimise).
- The tool's surveillance features are covered by a compliant notice.
- A review date and trigger events are set.

## Authorities

- [Work Health and Safety Act 2011 (NSW) ss 17-19 (managing risks; primary duty of care)](https://legislation.nsw.gov.au/view/html/inforce/current/act-2011-010)
- [Work Health and Safety Act 2011 (NSW) ss 47-49 (duty to consult; nature of and when consultation is required)](https://legislation.nsw.gov.au/view/html/inforce/current/act-2011-010)
- [Work Health and Safety Regulation 2025 (NSW) ss 55A-55D (psychosocial hazards and risks; control measures)](https://legislation.nsw.gov.au/view/html/inforce/current/sl-2025-0440)
- [Model Work Health and Safety Regulations Pt 3.2 Div 11 (psychosocial risks)](https://www.safeworkaustralia.gov.au/safety-topic/managing-health-and-safety/mental-health/psychosocial-hazards)
- [Safe Work Australia, Model Code of Practice: Managing psychosocial hazards at work (2022)](https://www.safeworkaustralia.gov.au/doc/model-code-practice-managing-psychosocial-hazards-work)
- [SafeWork NSW, Code of Practice: Managing psychosocial hazards at work (approved under WHS Act 2011 (NSW) s 274)](https://www.safework.nsw.gov.au/resource-library/codes-of-practice/codes-of-practice/managing-psychosocial-hazards-at-work)
- [Workplace Surveillance Act 2005 (NSW) ss 10 and 12](https://legislation.nsw.gov.au/view/html/inforce/current/act-2005-047)

## Official form

[Official form](https://www.safeworkaustralia.gov.au/doc/model-code-practice-managing-psychosocial-hazards-work)

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/employment-and-workplace-relations/ai-psychosocial-risk-assessment and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*