A Victorian healthcare provider has been fined $230,000 after a 93-year-old aged care resident died following a fall caused by a malfunctioning reclining chair.
Benalla Health was sentenced in the Melbourne County Court after pleading guilty to a charge of failing to ensure people other than employees were not exposed to health and safety risks. The charge followed the death of a resident at the Morrie Evans Aged Care facility in northern Victoria in October 2021.
The court heard the woman was seated in a reclining chair during an outdoor family visit arranged under Covid lockdown restrictions. When staff attempted to move the chair back onto a paved area, it failed to roll properly and the back of the chair separated from its base. The resident fell backwards, striking parts of the chair and becoming visibly distressed.
Medical imaging later revealed fractures to her ribs and spine. In the days that followed, she developed a chest infection and her condition deteriorated. She was transferred to palliative care and died approximately one week after the fall.
A WorkSafe investigation found Benalla Health did not have an adequate system in place to ensure recliner chairs used to transport residents were regularly checked for safety, maintained preventively or clearly tagged to confirm their condition. The chair involved had been borrowed from another area of the health service, where staff had training in equipment checks, but aged care staff had not received the same instruction.
In sentencing, the court acknowledged Benalla Health had no prior convictions and that the chair had not previously been involved in an incident. However, the judge found the breach of occupational health and safety laws to be serious, particularly given the advanced age and fragility of aged care residents. The risks associated with faulty equipment were described as obvious and significant.
WorkSafe acting chief of health and safety Barb Hill said the tragedy could have been prevented with basic safety measures.
“When aged care residents are already vulnerable to injury and illness, every step must be taken to ensure their safety is a top priority,” she said. “There are no excuses when equipment fails and a vulnerable person is injured.”
Benalla Health said in a statement that it extended its heartfelt condolences to the resident’s family and described the incident as deeply distressing for all involved. The health service said it had since strengthened its maintenance systems and safety protocols to better protect residents and support staff.
WorkSafe has reminded healthcare and aged care providers that equipment such as wheelchairs and recliner chairs must be routinely inspected, promptly repaired if faults are identified, matched to individual needs and used by staff who are properly trained in their operation.
Absolutely unforgivable as they failed to have chair tested and tagged as required.