The Legal Implications of Artificial Intelligence in Construction Site Safety

Artificial intelligence is being adapted to use in all types of industries, including construction. Artificial intelligence (AI) does not just mean robots and automation. Machine learning in the construction industry can apply to architectural design, site selection, labor costs, and addressing safety hazards.

The benefits of AI in construction include reporting safety hazards before anyone suffers an injury, recording workplace accidents, and identifying safety risks around a job site. If you have questions about how AI can help keep construction sites safer, talk to a construction accident lawyer for legal advice.

How Does Artificial Intelligence Work in Construction?

Artificial intelligence is adaptive machine learning by computers to adapt the way computers perform tasks and solve problems. AI systems can process large amounts of data to recognize patterns and predict outcomes. Using algorithms, AI technology can automatically adapt to real-time data collection and take action without additional input from humans.

Anywhere there are computers involved in construction work, AI can be involved. Blueprints, computer-aided drafting (CAD), supply chain logistics, workflow, risk management, and payroll may already be using AI to increase profitability. Health and safety in the construction sector is an area where the use of AI can make major improvements.

Construction Worksite Accidents and Worker Safety

Construction has some of the highest rates of job-related fatalities. According to the Occupational Safety and Health Administration (OSHA), construction has some of the most highly cited safety violations, including citations for:

• Fall protection
• Ladder use
• Scaffolding
• Eye and face protection

Falls are the most common cause of fatal construction project accidents. Any use of artificial intelligence has the potential to improve construction safety. For example:

• Cameras can look at scaffolding on a construction site and identify improper set-ups to alert project managers of a fall risk
• Wearable technology can alert when a construction worker is on-site in a hazardous area without permission
• New technology in cameras can identify construction workers who are not wearing eye and face protection
• Automating more hazardous work tasks
• Facial-recognition technology to identify drowsy workers who are more prone to accidents

What Are the Risks of AI in Construction Work?

Artificial intelligence is not a perfect system. AI has to be properly implemented, with relevant data sets, and humans have to pay attention to the AI output. If an AI system signals a warning alarm for a safety hazard and a construction manager turns off the alarm, the warning system will not help prevent an accident.

There are limited applications of AI in construction, and general contractors still need to take construction work safety seriously, including when using the technological advances of AI.

Who Is Liable for Construction Accidents With AI?

If someone is injured in a construction accident, the party responsible for the accident may be liable for damages. The responsible parties in a workplace accident can include:

• The property owner
• The construction company
• A construction worker
• Equipment manufacturers

Construction firms may look to AI technology to improve construction site safety and avoid workers’ comp claims and third-party personal injury lawsuits. However, construction managers can still be liable for a worksite accident even if the company is using AI.

Property owners and construction companies can be liable for construction site injuries. However, if the construction manager relied on the AI company’s promises to prevent certain worksite accidents, the construction company could have a claim against the AI company for any accidents the technology guaranteed to prevent.

How Can a Construction Accident Lawyer Help?

Construction companies looking to use AI in the construction industry can help reduce the number of workplace injuries and workers’ compensation claims. However, construction companies must also understand the limits of AI, when they may be liable for injuries, and how to deal with personal injury claims from 3rd-parties. A construction accident lawyer can advise construction companies about the risks and benefits of safety AI in their business.

Injured construction workers can file a workers’ compensation claim after a workplace injury. Workers’ comp should pay for medical bills and wage replacement. However, a construction company may try to deny workers’ comp claims because they allege workers violated safety protocols. A construction accident lawyer can help workers appeal their claim to get benefits for their injuries.