The latency we are talking about here is less than 500 milliseconds. If you are saying that 500 milliseconds is the deciding factor between a home miner and a commercial mining pool, I think you have a very strange sense of odds and statistics.
Again, a DATUM user broadcasts the transaction not OCEAN. once a valid block is broadcast (and received by the miner nodes as well) they begin to hash the next block.
The scenario you are talking about is unsolvable because of internet communications but also such an infinitesimal chance it's kind of hard to take seriously.
To be clear the scenario is that both a home miner and a corporate pool find blocks simultaneously (already improbable) and because of a more connected node AND the next block being found using the corporate miner's block merkle root. In most cases there are minutes, not milliseconds between valid block broadcasts.
This is such a strange hill to die on especially since it applies to the 2 largest pools as well. Foundry (american based) and AntPool (china based) could have the same thing happen because of the latency discrepancy between the two continents. OCEAN has nothing to do with this problem.