An aged-care nurse was charged in July with two breaches of the Occupational Health and Safety Act 2004 (Vic) (OHS Act) for allegedly working while COVID-19 positive.

WorkSafe alleges that the nurse reported for casual work shifts at an aged-care facility between 26 July 2020 and 2 August 2020 after allegedly being advised not to attend work and being made aware that she had tested positive to COVID-19.

She is charged with breaching:

• section 32 of the OHS Act, in that, without lawful excuse, she recklessly placed, or may have placed, another person in danger of serious injury by attending the workplace after returning a positive PCR test; and
• section 25(1)(b) of the OHS Act, in that by attending work after being advised not to she failed to take reasonable care for the health and safety of persons at the workplace.

It is not alleged that the aged-care nurse’s actions resulted in the transmission of COVID-19 at the workplace.