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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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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Psychosocial hazards discussions are everywhere, as they should be

New information about the need to prevent psychosocial hazards at work keeps coming.  Victoria will join the workplace mental health train a little later than planned.  It went from engine to caboose in four years. SafeWorkNSW has released guidance on Designing Work to Manage Psychosocial Risks and an enforceable undertaking by a New South Wales mine from a psychosocial incident.

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The most recent guidance on office safety, including psych safety and working from home

In December 2024, WorkSafe Victoria released “Office Health and Safety – A Guide for Employers“. Sadly, it seems to have (half) dumped the Officewise brand. If WorkSafe had kept it, the guide would have been part of an illustrious history stretching to the last century when the first edition was published in 1995. The new guide has some interesting advice on occupational health and safety (OHS) issues related to working from home, but workplace mental health seems more prominent than in earlier editions.

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OHS advice for new businesses

It is legitimate to not know something, but choosing not to know something is inappropriate, especially about something you are meant to be knowledgeable about, like occupational health and safety (OHS).  Governments rarely provide sufficient information about people’s OHS obligations when creating and building a business.  Preloading a person with OHS information should reduce the likelihood of an “I didn’t know” excuse when (if?) a workplace incident occurs.

A UK labour law firm, Lewis Silkin, recently published its latest “Compliance requirements for new employers in Great Britain”, which may close the OHS knowledge gap.

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“Physician, heal thyself” – business group objections to new wage theft laws

Starting January 1, 2025, Australia will have new laws and penalties for intentional wage theft beginning January 1, 2025. The usual business lobby groups are bleating about the unfair imposition of costs and time on their members. But what about the significant impact on workers’ health, safety and dignity?

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