34 aged care residents died during the Epping Gardens Aged Care virus outbreak in Epping, 18km north of Melbourne's CBD, in July 2020.
Now a jury is being asked to decide if staff had been trained to wear personal protective equipment (PPE) properly, could the deadly COVID-19 outbreak have been avoided?
WorkSafe Victoria alleges Heritage Care, now known as Aeralife Aged Care, the operator of Epping Gardens, now called Aeralife Northpoint, breached section 26 of the Occupational Health and Safety Act between 13 March and 20 July by failing to ensure the workplace was safe and without risks to health.
They allege Heritage failed to instruct staff in:
- The items of PPE required to be worn;
- The safe donning and doffing of PPE;
- When PPE should be changed; and
- The safe disposal of PPE.
Heritage Care has pleaded not guilty.
In Melbourne's County Court on Tuesday, Crown prosecutor Garry Livermore KC said less than half of staff had been "appropriately trained in the use of PPE".
"All you need is one worker not to use the PPE properly, the risk is that the virus spreads with catastrophic consequences in an aged care facility of this kind," he told the jury.
Of the 140 staff employed at Epping Gardens at the time, 18 will be called to give evidence during the trial.
Livermore told the jury the first indication of a COVID-19 outbreak at Epping Gardens was on 19 July 2020, and within two days the virus had spread throughout the home. Of 119 residents at the time, 89 developed COVID-like symptoms, and 34 residents died. Sixty-five members of staff also contracted COVID.
Heritage Care's barrister Daniel Gurvich KC warned jurors to "be aware of hindsight" as they hear evidence throughout the trial.
