Hospital charged after aged care resident chair failure

WorkSafe has charged Benalla Health after an aged care resident suffered a fractured rib when a reclining chair failed while she was sitting in it.


The 93-year-old Morrie Evans Aged Care resident fell backwards when the back of the chair detached as a staff member tried to move it in October 2021. She died a week later.

Benalla Heath faces a single charge under section 23(1) of the Occupational Health and Safety Act for failing to ensure, so far as was reasonably practicable, that persons other than employees were not exposed to risks to their health and safety.

It's alleged Benalla Health failed to maintain a system of work for ensuring chairs used to transport residents were regularly assessed for safety, maintained and tagged.

The matter is listed for a filing hearing at the Benalla Magistrates' Court on 19 September 2023.