Pyrrhic IR prosecution that ignores the OHS context

Recently, sentencing in a court case in Melbourne has generated much online chatter about excessive working hours and the exploitation of workers in a small law practice. One report of the $A50,000 fine against Erudite Legal says that the company:

“…forced a junior lawyer to work up to 24-hour days and watch an ice hockey movie at 1am so she could understand her boss’ philosophical position”.

Other media reports provide more details of the successful prosecution, but the occupational health and safety (OHS) context is mostly absent.

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What does the Labor Party landslide win mean for work health and safety?

This weekend, all the talk in Australia has been about the massive and unexpected electoral swing to the Australian Labor Party (ALP) in the federal election. Most pundits were expecting a majority government, at least, but now the ALP has a substantial majority in the House of Representatives. Possible constraints from a new Senate have yet to be identified.

But this blog is about occupational health and safety (OHS), so why start with an election summary? Industrial relations and, therefore, OHS were almost entirely absent from the election campaigns.

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The recent recommendations into OHS penalties are likely to go nowhere

The Victorian Sentencing Advisory Council‘s report on OHS sentencing received minimal media coverage. Perhaps more will come when the government responds to the recommendations. However, the coverage focused on the recommendation for a substantial increase in financial penalties for those who breach occupational health and safety (OHS) laws. The report contained much more than financial penalties, but the political climate will likely stifle any significant reforms.

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A library in just one Working From Home article

This newspaper article on the current status of Working from Home (paywalled) was satisfying on at least two levels: it was a sensible report on most of the benefits of this type of work arrangement and showed the limitations of newspaper publishing.

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Authentic selves, culture and racism

Culture has perhaps become the dominant theme in modern occupational health and safety (OHS). Possibly more dominant than Leadership. Culture remains an amorphous concept that is an inclusive adjective but also unhelpful.

Several recent events started making connections in my OHS brain that I am still working through:

  • Online racist statements by two Australian nurses
  • A Harvard Business Review Special Issue called “The Secrets of Great Culture” and
  • An article by Professor Lena Wang and others on the separation of work and life.
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Is this another case of minimal deterrence?

In January 2025, Kilvington Grammar was fined over $100,000 for breaches of occupational health and safety (OHS) laws related to the death of one of its students, 16-year-old diabetic Lachlan Cook, who was on an overseas school trip. The best source of publicly available reports on this case appears to be the Australian Broadcasting Corporation. This article does not discuss the incident but focuses on the sentencing decisions and their relevance to OHS.

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Workplace factors are missing from “The Science of Stress”

I am sure someone much wiser than me has produced this aphorism: “One can learn from what is said, but often learn more from what is not.” If not, I will claim it. I thought of this while reading the National Geographic special edition (August 2024) magazine on “The Science of Stress.” I looked for the editor’s thoughts on the origin of work-related stress and prevention methods. They were largely missing.

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