Now that the PWFA is in full swing, it’s likely that the most requested reasonable accommodations e.g., work location closer to a toilet, ready access to water, or assist with lifting will be solved by HR pros with minimal expense and effort.
It may be tempting for HR pros to use AI assistance to resolve the small number (less than 20% my guess) of the more complex accommodation requests. For example, EMFs (electromagnetic frequencies) are ubiquitous in the industrial society and are found in most workplaces. Federal OSHA does not regulate EMFs; therefore, there is limited health and safety information e.g., measurements on EMF exposure in most US workplaces. The following is likely to play out if EMFs are identified as a pregnancy concern.
Introduction to AI assistance
On January 1, 2024, GPT-4 (Bing AI-powered copilot for the web) was asked the following three questions:
Question 1: What is GPT-4? (GPT-4’s answer is found in the italicized below):
GPT-4 (Generative Pre-trained Transformer 4) is a multimodal large language model created by OpenAI, and the fourth in its series of GPT foundation models . It is capable of generating, editing, and iterating on creative and technical writing tasks, such as composing songs, writing screenplays, or learning a user’s writing style . GPT-4 is more safe, aligned, and collaborative than ever before, and it can be used by various organizations and developers to solve difficult problems with greater accuracy . According to OpenAI, GPT-4 can solve difficult problems with greater accuracy, thanks to its broader general knowledge and advanced reasoning capabilities . It is also more creative and collaborative than ever before, and can generate, edit, and iterate with users on creative and technical writing tasks . GPT-4 was initially released on March 14, 2023, and has been made publicly available via the paid chatbot product ChatGPT Plus, and via OpenAI’s API . It is available in the OpenAI API to paying customers .
Please let me know if you have any other questions or concerns.
Question 2: Are pregnant workers in the United States at risk of harm from EMFs?
Generating answers for you…
If you are concerned about the potential risks of electromagnetic fields (EMFs) in the workplace, it is important to know that pregnant workers in the United States are protected against pregnancy-based discrimination and harassment at work under federal law. The Pregnancy Discrimination Act (PDA) and the Americans with Disabilities Act (ADA) provide legal rights to pregnant workers, including the right to work adjustments that will allow them to do their job without jeopardizing their health . The Pregnant Workers Fairness Act (PWFA) expands the rights of workers affected by pregnancy, childbirth, or related medical conditions to receive reasonable accommodations, absent undue hardship .
However, I could not find any information that suggests that pregnant workers in the United States are at risk of harm from EMFs. If you have any specific concerns or questions about EMFs, I suggest consulting with a medical professional or an occupational health specialist.
Please let me know if you have any other questions or concerns.
Question 3: Is an Industrial Hygienist an “occupational health specialist?
Yes, Industrial Hygienists are professionals who are trained to anticipate, recognize, evaluate, and recommend controls for environmental and physical hazards that can affect the health and well-being of workers. Industrial hygienists use rigorous scientific methodology to identify potential hazards and evaluate the level or risk and exposure. Industrial safety, on the other hand, refers to the policies and plans that organizations put in place to meet the challenges identified by industrial hygienists. The Certified Industrial Hygienist (CIH) certification is the premier certification for occupational health and safety professionals around the world.
Are GPT-4’s answers correct?
I have never heard industrial safety defined the way GPT-4 does, but that is the lesser of fact concerns. My suspicion is that many HR pros, and less informed OHS pros, would like to take GPT-4’s position that, “I could not find any information that suggests that pregnant workers in the United States are at risk of harm from EMFs.” If this answer alone is conveyed to a pregnant worker, a host of problems may follow.
The following is an example of how a CIH should answer the question, “Are pregnant workers in the United States at risk of harm from EMFs?
Health effects from EMF exposure is a highly studied topic. Excessive EMF exposure may cause many adverse health effects. For example, spontaneous abortion is the most common complication of pregnancy, occurring in 30-40% of all pregnancies. In the hierarchy of scientific evidence, meta-analysis is the highest form of knowledge in science (see Wikipedia Meta-analysis). A meta-analysis refers to the “analysis of analyses.” The October 2023 research article, Electromagnetic Field Exposure and Abortion in Pregnant Women: A Systematic Review and Meta-Analysis, found 982 relevant studies on the topic, involving 3,187 pregnant women. This study found that the “risk of miscarriage in pregnant women who were exposed to EMF was 1.69 times higher than the risk for women who were not exposed.” Risk assessment with measurements of EMF exposed workers in the European Union is mandatory per Directive 2013/35/EU. US federal OSHA lacks similar regulation and the EEOC has not established EMF limits under the PWFA. Pregnant workers in the EU that have informed their employer of their condition are classified as “workers at particular risk” per Directive 2013/35/EU. Under the EU Directive, workers at particular risk should have EMF exposure no higher than the public. The best and most reasonable way to ensure that workplace EMF does not contribute to spontaneous abortion, is to conduct measurements as established by Directive 2013/35/EU and ensure that a pregnant worker’s exposure is no higher than the publics’ via hierarchy of controls. Controls may include reduced time and distance from the EMF source(s) or suitable barriers or PPE and training. Under the PWFA, the pregnant worker and employer must agree what reasonable accommodation(s) that do not create an undue hardship upon the employer and require prompt implementation.
