Endorsing Exploitation? The Legal and Moral Blindspot in the Long-Hours Hustle

Recently, the Wall Street Journal (WSJ) published an extraordinary article that seems to endorse the exploitation of the mental health of workers. (Although the article is paywalled, it is getting a run in some local Australian newspapers) The article reports that companies like Shopify, Solace Health, and Rilla are bluntly marketing roles that involve extreme hours, a relentless pace, and minimal downtime.

One job post literally reads: “Please don’t join unless you’re eager to work 70 hours a week.”

If the job ads for these prominent North American companies were posted in Australia, the unsafe working conditions would likely be deemed illegal.

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NZ OHS reform is all sticks and carrots of questionable quality

Recently, New Zealand’s Minister for Workplace Relations and Safety, Brooke Van Velden, was interviewed for almost half an hour by Jack Tame on her government’s proposed changes to occupational health and safety (OHS) laws. The interview was informative and entertaining, as it explained some aspects of the OHS changes, but also showcased a Minister who was uncomfortable with being questioned.

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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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