Employers should act quickly depending on the potential severity and follow their existing occupational health and safety protocols, which may include an intervention (e.g., additional rest breaks, PPE) or medical evaluation. VigiLife recommends employers develop action plans in consultation with health and safety experts to address detected risks responsibly. Much like the use of AI in the field of radiology, SafeGuard is meant to augment and scale the impact of existing tools, protocols, policies, and expert human judgment. 

Only if the data leads to a medical intervention beyond first aid (e.g., IV fluids or hospitalization) would it potentially become OSHA-reportable. SafeGuard’s primary function is preventive, reducing the likelihood of reportable incidents by intervening early. Employers should document responses to SafeGuard alerts and consult the appropriate regulatory body (e.g., OSHA) to determine what must be reported and what preventative measures should be taken. 

Using SafeGuard helps employers demonstrate a proactive commitment to worker health and safety, which can reduce liability rather than increase it. By identifying and mitigating risks early, SafeGuard can prevent serious incidents that might otherwise lead to legal action. However, because the legal framework surrounding physiological monitoring is evolving, there are some considerations:

• Transparency and Consent: Employers should ensure workers are fully informed about how data is collected and used, with clear consent processes in place.
• Non-Punitive Use of Data: SafeGuard data should be used solely to enhance safety, not for disciplinary actions, which helps avoid claims of discrimination or wrongful treatment.
• Clear Response Protocols: Employers should establish well-defined action plans for handling alerts to demonstrate due diligence and adherence to best practices.
• By following these best practices, employers can significantly reduce the risk of lawsuits and instead position themselves as leaders in workplace safety and compliance.

VigiLife ensures user consent through transparent policies and customizable options for data collection, sharing, and retention. Users and employers are informed about how data is used, and no data is collected without clear, obvious consent. SafeGuard offers simple, explanatory text to ensure workers understand their selected privacy settings. 

SafeGuard is designed as a safety tool, not a medical diagnostic solution. However, regulatory oversight in this area can be complex. VigiLife continuously monitors developments to ensure compliance with applicable laws and adheres to HIPAA standards for data handling. Where applicable, VigiLife offers both safety and wellness sensors in addition to devices with FDA approval. 

While SafeGuard uses leading algorithms and sensors that have been meticulously curated and validated, no monitoring system is infallible. Employers should treat SafeGuard data as a tool within a broader safety strategy. Decisions based on the data should involve input from safety professionals to ensure accuracy and appropriate interpretation.

VigiLife emphasizes informed consent and provides options for anonymous or private data collection. In a standard SafeGuard configuration, employees have to proactively choose to “start” a SafeGuard monitoring session each time data is to be shared. Until circumstances or the regulatory environment dictates otherwise, employers should ensure participation is voluntary and clearly communicate the benefits of monitoring. Providing options for limited data collection can further support worker trust and autonomy.

There is potential for legal challenges if data is perceived to disadvantage certain workers. Employers should avoid using SafeGuard data for employment decisions and focus on non-discriminatory health and safety practices—thereby ensuring a healthy, safe, and productive work environment for all. Ensuring accommodations and equitable treatment for all workers is essential to mitigating this risk.