{"id":11019,"date":"2022-09-21T18:16:00","date_gmt":"2022-09-22T01:16:00","guid":{"rendered":"https:\/\/essential.construction\/news\/?p=11019"},"modified":"2022-09-21T18:16:00","modified_gmt":"2022-09-22T01:16:00","slug":"collecting-personal-data-improves-safety-but-increases-contractor-liability","status":"publish","type":"post","link":"https:\/\/essential.construction\/news\/collecting-personal-data-improves-safety-but-increases-contractor-liability\/","title":{"rendered":"Collecting personal data improves safety, but increases contractor liability"},"content":{"rendered":"<p>When Hensel Phelps chief innovation officer Thai Nguyen discusses the use of technology to improve jobsite safety with workers, he\u2019s always careful to emphasize why it\u2019s important and specifically what is being monitored.<\/p>\n<p>\u201cWe really reassure them that the monitoring is only taking place at work\u2014that when they punch out and go home, that\u2019s their world, their privacy,\u201d he says. \u201cBut when they\u2019re on a jobsite, there\u2019s a lot of value in that type of data being collected and understood.\u201d<\/p>\n<div class=\"figure_content\">\n<div><\/div>\n<\/div>\n<p>Thai Nguyen<br \/>\nCourtesy of Hensel Phelps<\/p>\n<p>As<a href=\"https:\/\/www.constructiondive.com\/news\/safety-tech-boosts-productivity-contractors-say-\/629826\/\" rel=\"nofollow noopener\" target=\"_blank\"> more contractors adopt safety technology<\/a> that collects and stores personal data, including CCTV monitoring, GPS location tracking and weight sensors on drivers\u2019 seats, maintaining privacy and protecting sensitive information about workers\u2014who are concerned that their personal data could be misused, sold to third-party vendors or stolen by hackers\u2014has become a crucial responsibility.\u00a0<\/p>\n<p>\u201cThe construction industry is a big target of the ransomware industry, primarily because it has been so lax in its practices around business data,\u201d said David Ward, CEO of construction management software company Safe Site Check In, which digitally captures access and safety data on jobsites.<\/p>\n<p>A big part of the problem, Ward said, is that construction companies \u201cexpect a lot of people to wear many hats, and rigor around data privacy is usually not at the top of their training.\u201d For this reason, \u201chaving a vendor that takes privacy seriously is a better low-risk approach than just assuming that an admin who knows Google Apps can deal with it.\u201d<\/p>\n<div class=\"figure_content\">\n<div><\/div>\n<\/div>\n<p>David Ward<br \/>\nCourtesy of Safe Site Check In<\/p>\n<p>Job site monitoring &#8220;saw a huge uptick during Covid,&#8221; according to Matt Abeles, Associated Builders and Contractors&#8217; vice president of construction technology and innovation.\u00a0<\/p>\n<p>But Ward said many of the vendors that cropped up to offer \u201cfree\u201d safety screening were selling the data they collected to third parties for marketing and advertising purposes. To assure this doesn\u2019t happen, Ward added, contractors must vet and pay for jobsite monitoring and safety software as a service.\u00a0<\/p>\n<p>Governments haven\u2019t yet stepped in to protect workers whose data is being collected\u2014though some laws safeguarding consumers\u2019 privacy also apply to employees. In the European Union, companies must comply with the <a href=\"https:\/\/gdpr-info.eu\/\" rel=\"nofollow noopener\" target=\"_blank\">General Data Protection Regulation<\/a>; the United States leaves data privacy up to each state. Experts expect something similar to the<a href=\"https:\/\/oag.ca.gov\/privacy\/ccpa\" rel=\"nofollow noopener\" target=\"_blank\"> California Consumer Privacy Act<\/a>, which took effect in 2018 to give consumers control over the personal information that businesses collect about them, to be adopted nationwide in coming years.<\/p>\n<p>Contractors are increasingly requiring workers to use wearable safety technology, which uses sensors such as GPS, accelerometers, electrodes, thermometers and proximity sensors to track everything from fatigue level to location.\u00a0<\/p>\n<p>\u201cFurther, any biometric information\u2014like fingerprints\u2013is considered sensitive information and regarded with additional protections,\u201d said Allen Abrahamsen, vice president of construction safety for Chubb Global Risk Advisors.<\/p>\n<p>The data companies collect\u2014which is undoubtedly valuable for improving safety and productivity\u2014could easily be misused if it falls into the wrong hands.<\/p>\n<p>\u201cThere may be consequences for failing to keep such a large volume of data secure,\u201d the American Bar Association states in a paper titled <a href=\"https:\/\/www.americanbar.org\/groups\/construction_industry\/publications\/under_construction\/2020\/spring2020\/legal-implications-of-wearables-in-the-construction-industry\/\" rel=\"nofollow noopener\" target=\"_blank\">Legal Implications of Wearables in the Construction Industry<\/a>. \u201cAs such, the type and amount of data collected by wearables means companies that control said data may expose themselves to liability.\u201d<\/p>\n<p>A study of construction workers published in the <a href=\"https:\/\/journalsojs3.fe.up.pt\/index.php\/ijooes\/article\/view\/2184-0954_004.001_0001\/376\" rel=\"nofollow noopener\" target=\"_blank\">International Journal of Occupational and Environmental Safety<\/a> found that they\u2019re more likely to accept companies sharing and utilizing data collected from them on jobsites if the companies show them how that will mitigate personal health risks or promote occupational safety. \u201cEmployees were more reluctant to share their data for supporting workflow,\u201d the authors state.<\/p>\n<p>Another study cited in the article found that workers expect wearables to be primarily aimed at improving safety and want to be clearly informed about how their data will be used. Most were concerned that their personal data could end up in the wrong hands, but they were also worried about employers obtaining private and sensitive data that could be used against them.<\/p>\n<p>Trust-building is a key component in safety tech adoption,\u00a0<a href=\"https:\/\/journalsojs3.fe.up.pt\/index.php\/ijooes\/article\/view\/2184-0954_004.001_0001\/376\" rel=\"nofollow noopener\" target=\"_blank\">according to the study<\/a>.<\/p>\n<p>Contractors need to ensure safety technology vendors are securing \u2014 and not selling \u2014 their employees\u2019 personal data and communicate with workers about how and why data is being collected. Hiring vendors that have privacy policies in place is key.<\/p>\n<div class=\"figure_content\">\n<div><\/div>\n<\/div>\n<p>Heidi Lehmann<br \/>\nCourtesy of Kenzen<\/p>\n<p>Heidi Lehmann, co-founder and CEO of Kenzen, which sells a biometric monitoring device worn on the upper arm to predict and prevent heat-related injury, illness and death on worksites, was highly cognizant of workers\u2019 privacy concerns when the company rolled out its wearable\u2014and several of the startup\u2019s impact investors insisted Kenzen take every precaution to protect workers\u2019 data. In response, Kenzen developed <a href=\"https:\/\/kenzen.com\/kenzen-solution-privacy-policy\/\" rel=\"nofollow noopener\" target=\"_blank\">a privacy policy<\/a>, published on its website, that Lehmann said \u201cset a standard for worker privacy with data being collected on worksites.\u201d<\/p>\n<p>Workers are the only ones who ever see the details of their health data, Lehmann said, and companies can view only aggregate and trend data collected by the devices, which helps them understand which groups have higher rates of risk for heat-related incidents and determine whether shift times need to be adjusted.<\/p>\n<p>\u201cWhen we go to a worksite to get workers set up, one of the first things we do is give a presentation on the danger of heat and why their company has decided to invest in the Kenzen system,\u201d Lehmann said. \u201cWe also outline our approach to privacy. That has been important.\u201d<\/p>\n<p>\u00a0<\/p>\n<p class=\"itemsource\">This item was originally posted here: <a href=\"https:\/\/www.constructiondive.com\/news\/collecting-personal-data-improves-safety-leaves-contractors-vulnerable\/632284\/\" target=\"_blank\" class=\"feedzy-rss-link-icon\" rel=\"noopener nofollow\">Read More<\/a>\u00a0<\/p>","protected":false},"excerpt":{"rendered":"<p>When Hensel Phelps chief innovation officer Thai Nguyen discusses the use of technology to improve jobsite safety with workers, he\u2019s &#8230; <a title=\"Collecting personal data improves safety, but increases contractor liability\" class=\"read-more\" href=\"https:\/\/essential.construction\/news\/collecting-personal-data-improves-safety-but-increases-contractor-liability\/\" aria-label=\"Read more about Collecting personal data improves safety, but increases contractor liability\">Read more<\/a><\/p>\n","protected":false},"author":0,"featured_media":7303,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1066,457],"tags":[],"class_list":["post-11019","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-all-posts","category-construction-dive","generate-columns","tablet-grid-50","mobile-grid-100","grid-parent","grid-33"],"_links":{"self":[{"href":"https:\/\/essential.construction\/news\/wp-json\/wp\/v2\/posts\/11019","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/essential.construction\/news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/essential.construction\/news\/wp-json\/wp\/v2\/types\/post"}],"replies":[{"embeddable":true,"href":"https:\/\/essential.construction\/news\/wp-json\/wp\/v2\/comments?post=11019"}],"version-history":[{"count":0,"href":"https:\/\/essential.construction\/news\/wp-json\/wp\/v2\/posts\/11019\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/essential.construction\/news\/wp-json\/wp\/v2\/media\/7303"}],"wp:attachment":[{"href":"https:\/\/essential.construction\/news\/wp-json\/wp\/v2\/media?parent=11019"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/essential.construction\/news\/wp-json\/wp\/v2\/categories?post=11019"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/essential.construction\/news\/wp-json\/wp\/v2\/tags?post=11019"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}