In the Update Don't
Play with Fire published on 25 July 2015 we discussed the
outcome of the case of Canny v Primepower Engineering Pty Ltd
and Allianz Australia Insurance Ltd [2015] WADC 81, from a
negligence and an insurance perspective.
However, at the time of writing, the story had not quite come to
a close. The final chapter (for the employer at least, as Mr Canny
continues to deal with his injuries) was written on 9 December 2015
in Kalgoorlie, when the employer was fined $80,000 plus $6,000 for
costs under the Occupational Safety & Health Act (WA)
1984 in respect to the incident in which Mr Canny suffered burns to
61% of his body.
The employer pleaded guilty to injuring an employee by failing
to provide and maintain a safe workplace. WorkSafe WA was quoted as
saying "It seems that Primepower management actually
encouraged the apprentices in their hazardous actions, facilitating
the attempts to seize the engine that resulted in terrible injuries
to one of
