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US DOL Releases Expanded Guidance on Artificial Intelligence Best Practices 

The U.S. Department of Labor (DOL) released a new online resource on October 16, 2024, titled “Artificial Intelligence and Worker Well-Being: Principles and Best Practices For Developers And Employers.” This guidance builds upon the eight core principles released in May 2024, providing additional context and best practices to help employers and developers promote safe and fair AI use in the workplace. 

Key Principles and Best Practices 

The expanded guidance delves deeper into the following core principles: 

  • Worker Empowerment: Engaging workers, particularly from underserved communities, in AI development. Employers are advised to seek “early and regular” input from workers on AI adoption and use. 
  • Ethical AI Development: Designing AI systems that protect workers. Best practices include creating jobs for workers to review and refine data used to train AI systems. 
  • AI Governance and Human Oversight: Implementing governance, oversight, and evaluation for AI. Human oversight and monitoring are crucial when using AI systems. 
  • Transparency: Informing workers and applicants about AI use. 
  • Protecting Rights: Ensuring AI does not infringe on employee rights. The guidance emphasizes consideration for applicants with disabilities and the potential impact of AI systems on them. 
  • AI as a Support Tool: Using AI to enhance job quality and support workers. Employers are encouraged to pilot AI technologies before full deployment, gather employee input, and provide adequate training. 
  • Supporting AI-Impacted Workers: Offering support and upskilling during AI-driven job transitions. 
  • Responsible Data Use: Limiting and protecting worker data in AI systems. Employers should avoid collecting or retaining unnecessary information and be mindful of relevant data privacy laws. 

Although informative, the guidance does not carry regulatory weight, and employers are encouraged to modify these practices to suit their needs and to seek legal advice when implementing AI policies. 

Next Steps 

While the DOL’s principles are not regulations, they provide a valuable framework for employers. To implement AI responsibly: 

  1. Familiarize Yourself with the Principles: Understand the core principles and best practices. 
  2. Assess AI Use Cases: Evaluate current and potential AI applications within your organization. 
  3. Develop an AI Governance Plan: Outline how AI will be introduced, used, and monitored. 
  4. Engage with Employees: Discuss AI plans with employees and address their concerns. 
  5. Provide Employee Training: Train employees in the safe and effective use of AI technology. 

HR Works, headquartered in Upstate New York, is a human resource management outsourcing and consulting firm serving clients throughout the United States for over thirty years. HR Works provides scalable strategic human resource management and consulting services, including: affirmative action programs; benefits administration outsourcing; HRIS self-service technology; full-time, part-time and interim on-site HR managers; HR audits; legally reviewed employee handbooks and supervisor manuals; talent management and recruiting services; and training of managers and HR professionals.