In the wake of a fatal COVID-19 epidemic, an aged care provider was charged.

The workplace safety authorities cited a Melbourne aged-care facility following the Covid outbreak. WorkSafe Victoria alleges Heritage Care of failing to properly train staff at its Epping Gardens residence during the 2020 pandemic. In response to a deadly Covid-19 outbreak at one of its facilities, the aged-care provider Heritage Care has been charged with violations of occupational health and safety.

The epidemic caused several infections and fatalities. WorkSafe claims that between 13 March 2020, and 20 July 2020, the company failed to provide employees with the necessary training to do their jobs properly and without putting their health at risk. It has been claimed that staff members lacked proper training on the personal protective equipment (PPE) that must be worn, how to put it on and take it off safely, when to replace it, and how to dispose of it safely.

According to the #mediarelease, WorkSafe Victoria formally charged Heritage Care an aged-care facility with 3 violations of the Occupational Health and Safety (OHS) Act.

This is the first prosecution stemming from an outbreak of COVID-19. Employers were warned that, depending on the outcome, this incident could lead to additional prosecutions of the same type, including in other jurisdictions.

The COVID-19 outbreak which:

*affected 89 residents

*65 staff members and

*killed 34 facility residents.

The following charges:

1. Violating OHS Act sections 21(1) and 21(2)(e) - by failing to provide its employees with the necessary training to perform their jobs safely and without endangering their health."

2. Violating Section 23 of the OHS Act - because it failed to take reasonable steps to ensure that people other than its employees were not "exposed to hazards to their health or safety arising from the conduct of its undertaking."

3. A violation of Section 26 of the OHS Act - in that it failed to ensure, to the greatest extent reasonably possible, that the workplace was secure and free of health risks.

The matter has been scheduled for a filing hearing at the Melbourne Magistrates' Court on 8 August, according to WorkSafe.

It comes after another Melbourne aged-care facility, where 45 people died from Covid, which was recently charged with nine violations of the Occupational Health and Safety Act. WorkSafe has claimed that after learning that a worker tested positive for Covid-19 in July 2020, St Basil's Homes for the Aged failed to require employees to wear personal protective equipment.

WorkSafe's investigation into the St. Basil's aged-care facility lasted 23 months, according to the safety watchdog, and included studying thousands of pages of records and speaking with several witnesses.

The St Basil’s matter is listed for a filing hearing at Melbourne magistrates court on 1 August.

Penalties:

For each of these offences, the maximum fine for a body corporate is 9000 penalty points, which at the time of the alleged offence would have been approximately $1.49 million.

Source: WorkSafe | #MediaRelease |HRD | The Guardian

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