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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Australia needs an “OHS for HR” book

SafeWorkSA has published fascinating information about preventing “harmful workplace behaviours.” The webpage’s eye-catching part is the Hierarchy of Controls for Managing the Risk of Harmful Workplace Behaviours, but the article is curious.

The audience for information from occupational health and safety (OHS) regulators is supposedly everyone, but it is rarely read by anyone other than OHS advocates. However, any information about psychosocial risks and hazards needs to be written in a tone that attracts the attention of those in businesses who have established ownership of these hazards, primarily the Human Resources (HR) person. SafeWorkSA’s page fails to reach this target.

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Workplace safety, AI , and what the Victorian Premier said

Last week’s International Workers’ Memorial Day in Melbourne is stuck in the back of my mind, niggling into my thoughts. I reread the article I wrote at the time and realised that it did not outline what was said by Victorian Trades Hall Council Secretary, Luke Hilakari or the Premier, Jacinta Allan. Below are my takeaways from Hilakari’s speech and a slightly edited transcript of the Premier’s speech.

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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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Meaningful memorial that could have said much more

International Worker Memorial Day (IWMD) events are usually moving and solemn occasions.  Today’s event in Melbourne, Victoria, was a good example, but something was missing, especially given the calibre of dignitaries who were present. (A list of most of them is below)

Victorian Trades Hall Council secretary Luke Hilakari was on message as the first formal speaker.  He was the only speaker who addressed the IWMD theme –  The role of AI and digitalisation at work. He was followed by Premier Jacinta Allan, Melbourne Lord Mayor, Nick Reece, Acting CEO of WorkSafe Victoria, and Ash West. The Premier’s attendance was notable as I cannot remember the last time a Premier attended or spoke at this type of event.

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6 Essential OHS Questions for Employers

Occupational health and safety (OHS) laws establish duties on employers (and employees) to provide safe and healthy workplaces. These duties reflect the social morals of the time, but the morality of employers is rarely challenged.

Below is a selection of OHS-related questions that all employers should be asked and able to answer. How would you or your employer respond?

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Another case study on a readily preventable work-related suicide

On August 29, 2019, Scott Jordan returned to his Ballarat home from work. He noticed his wife’s car was not parked in its usual location. Scott walked through to the shed looking for Karla Jordan and found her dead by suicide with a notebook on the floor nearby. The Victorian Coroner’s Prevention Unit “considered Ms Jordan’s workplace environment was the primary stressor in the lead up to her acute mental health decline and suicide”. The Coroner’s findings provide an important case study for examining psychosocial hazards in the workplace.

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