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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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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OHS opportunity for progress sidestepped

The Australian Human Resource Institute (AHRI) has produced a useful analysis on hybrid and flexible work practices. However, as with most of the media coverage and commentary on workplace flexibility and working from home, the discussion of the psychological health benefits and risks is rudimentary and seems to ignore renewed employer duties under the occupational health and safety (OHS) laws.

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Established OHS knowledge needs a boost

Workplace psychological health has been dominated by wellness advocates for several decades. Occupational health and safety (OHS) is seen by many as an interloper with “new” regulations that impose rules, expectations, notifications, and records on a corporate wellness sector that has been hugely influential on employers’ perspectives of mental health at work. This interjection by OHS “upstarts” does not stand up to examination. Social determinants of health have included work factors for many years. Richard G Wilkinson wrote about the psychosocial causes of illness in 1997, providing a helpful perspective applicable today.

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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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Some jobs continue to be bullshit ones

The concept of Bullshit Jobs persists. In the Oxford University Press BRAIN, neurologist Masud Husain applies the idea to universities and intellectuals. As I qualify as neither, I read the article seeking insight into the concept’s progress and application to occupational health and safety (OHS). I found connections to burnout, stress and Safe Work Method Statements.

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