Epping Gardens operator charged over COVID-19 outbreak

WorkSafe has charged Heritage Care, the operator of Epping Gardens, over a 2020 COVID-19 outbreak. (Damjan Janevski) 212146_01

The operator of an Epping aged care facility has been charged by WorkSafe over a COVID-19 outbreak, which led to the death of 34 residents.

Heritage Care has been charged with three breaches of the Occupational Health and Safety (OHS) Act following the outbreak at Epping Gardens in 2020.

WorkSafe alleges that between March 13 and July 20, 2020, when the outbreak commenced, Heritage Care failed to train staff in relation to the items of personal protective equipment (PPE) required to be worn; the safe donning and doffing of PPE; when PPE should be changed; and the safe disposal of PPE.

Eighty-nine residents and 65 staff developed COVID-19 during the course of the outbreak, with 34 residents subsequently dying from COVID-19-related complications, WorkSafe said in a statement on Monday.

Heritage Care has been charged for failing to provide such training as necessary to enable its employees to perform their work safely and without risks to health; for failing to ensure, so far as was reasonably practicable, that persons other than its employees were not exposed to risks to their health or safety arising from conduct of its undertaking; and for failing to ensure, so far as was reasonably practicable, that its workplace was safe and without risk to health, WorkSafe said.

The maximum penalty for a body corporate for each of these offences is a fine of 9000 penalty points ($1.49 million at the time of the alleged offence), according to WorkSafe.

WorkSafe said the investigation took 22 months to complete and involved reviewing thousands of pages of documents and multiple witness interviews.

The matter is listed for a filing hearing at the Melbourne Magistrates Court on August 8.

WorkSafe said it will not be providing further comment, as the matter is before the court.