WorkSafe investigates Highton aged care home’s response to deadly COVID-19 outbreak

An investigation into whether health and safety standards were breached in a deadly coronavirus outbreak in Geelong has been launched.

WorkSafe is investigating whether the Occupational Health and Safety Act was breached at the Highton aged care facility struck by a deadly COVID-19 outbreak, the Addy can reveal.

The coronavirus outbreak claimed the lives of eight residents at Opal South Valley, now known as Highton Gardens Care Community.

A variety of penalties are available to the courts for breaches of the OHS Act, including those associated with coronavirus, which could extend to workplace manslaughter.

Body corporates, such as companies, can be fined $16.5 million and individuals sentenced up to 25 years in jail over workplace manslaughter.

Opal HealthCare said there was “no suggestion” the act had been breached.

It is understood WorkSafe late last year informed relatives of victims that the agency was investigating if there were any breaches of the OHS Act during the COVID-19 response at the Highton facility.

Opal South Valley, the site of a fatal coronavirus aged care outbreak, has changed its name to Highton Gardens Care Community. Picture: Alison Wynd

A WorkSafe spokesman this week confirmed the investigation is continuing.

It is understood it is common for complex investigations to take between 12 months and two years to complete.

WorkSafe has 20 ongoing investigations in relation to coronavirus, relating to multiple workplaces and numerous duty holders, including seven workplaces in the aged care industry.

It comes as Aged Care Quality and Safety Commissioner Janet Anderson revealed the watchdog had conducted an unannounced visit at Highton Gardens Care Community in December.

“The commission continues to conduct unannounced spot checks at residential aged care services under its infection control monitoring program to observe infection control practices and ensure that staff, management and visitors are adhering to safe infection control arrangements,” Ms Anderson said.

“These spot checks are used to inform further regulatory actions where concerns are identified.”

Ms Anderson confirmed as a result of intelligence received, the commission conducted an unannounced visit at Highton Gardens Care Community on December 9.

“Should the service be found non-compliant with the Aged Care Quality Standards, the Commission will undertake a regulatory response proportionate to the level of assessed risk,” she said.

An Opal HealthCare spokeswoman said the regulator had indicated procedures were sound and Highton Gardens Care Community was compliant.

The coronavirus outbreak emerged at the Highton facility in late July last year, and 32 residents and 21 staff contracted coronavirus.

The Opal HealthCare spokeswoman said there was “no suggestion” the OHS Act was breached and said it would be “incorrect” to suggest otherwise.

She said all Opal care homes across Australia have been renamed to reflect the communities they serve.

“This has been an organisation-wide change and has been in the planning for several years,” she said.

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Originally published as WorkSafe investigates Highton aged care home’s response to deadly COVID-19 outbreak