WorkSafe files charges after patient dies at a Melbourne hospital

WorkSafe Files Charges After Patient Dies at a Melbourne Hospital

A healthcare services provider has been charged by the Victorian workplace safety regulator after a patient died at a Melbourne hospital. The prosecution highlights ongoing scrutiny of care standards across Victoria's health system and reinforces why robust safety management remains critical for facilities handling mental health emergencies.

WorkSafe has accused the provider of three breaches of section 23(1) of the Occupational Health and Safety Act, "for failing to ensure, so far as is reasonably practicable, that persons other than employees were not exposed to health and safety risks."

Background of the Case

The patient ended their own life following an involuntary admission to the hospital for mental health care in July 2023. This incident follows a pattern seen in other Victorian institutions, including a similar case detailed in our report on charges laid after a patient died at a Victorian hospital's psychiatric care centre.

Emergency mental health admissions carry inherent risk, and health providers must demonstrate that their safety management systems adequately address these risks so far as reasonably practicable. Effective care management within emergency and psychiatric wards depends on rigorous risk assessment, adequate staffing, and clear escalation protocols.

What the Charges Mean for Health Providers

Under the Act, health services providers carry a duty to protect anyone affected by their operations, not just direct employees. This case underscores that safety obligations extend to every person receiving care, including those admitted involuntarily for emergency mental health treatment.

Organisations managing patient care facilities should review their safety management frameworks regularly, particularly around:

• Risk management protocols for high-acuity mental health admissions
• Staff training on emergency intervention and de-escalation
• Physical environment safety management, including ligature risk reduction
• Clear documentation of care management decisions and risk assessments

Other recent Victorian cases show similar enforcement trends. WorkSafe's actions following a worker's death, covered in our piece on investigations after a worker died at a Melbourne recycling centre, demonstrate the regulator's consistent focus on holding organisations accountable for safety management failures across sectors, from healthcare to industrial facilities.

Building Stronger Safety Management Systems

Facilities providing patient care, whether in emergency departments, aged care, or general hospital wards, benefit from documented safety management procedures that address physical handling risks alongside psychological care standards. Our Patient Lifting Equipment and Beds Maintenance SWMS resource supports care teams managing equipment-related risk, while our Patient Care Lifting and Transporting Safe Work Method Statement assists providers with safe handling management in aged care and hospital environments.

The case is slated for a filing hearing at a Melbourne court early next month. WorkSafe's action serves as a reminder that health services providers must maintain vigilant safety management practices, particularly when caring for vulnerable patients admitted under emergency or involuntary conditions.

First published here.