Business Owner Fined $17,000 For Non-Compliance

Perth, ON - Waldemar Kozuchowski, sole proprietor of Infinity Marble of Canada, a synthetic marble and granite manufacturing company, was fined $17,000 for failing to comply with inspectors' orders.

On May 22, 2009, Ministry of Labour inspectors visited Mr. Kozuchowski's business in Carleton Place, ON. They noticed several health and safety violations and issued Mr. Kozuchowski orders to comply with the legislation. Inspectors made several follow up visits but the violations remained and the inspectors had to write more orders. Between May 22, 2009 and May 5, 2010, inspectors wrote a total of 23 orders for various violations. Of those orders, 15 were not complied with and mostly related to the following violations:

• Flammable liquids were improperly stored
• The mixing area was not properly ventilated
• There was no system to contain spills
• The spray booth was missing a make-up air system
• Material safety data sheets for controlled products were not readily available to workers
• Housekeeping practices were not adequate to control dust hazards
• Mr. Kozuchowski failed to ensure that workers wore respirators

One of the orders, issued March 4, 2010, was a stop work order on the spray booth due to inadequate air flow. Mr. Kozuchowski admitted in court that he continued using the spray booth despite the stop work order.

Mr. Kozuchowski was found guilty of 15 counts of failing to comply with an order issued by an inspector. He was fined $3,000 for failing to comply with the stop work order and $1,000 for failing to comply with each of 14 additional orders.

The fines were imposed by Justice of the Peace Jacques Desjardins. In addition to the fines, the court imposed a 25-per-cent victim fine surcharge, as required by the Provincial Offences Act. The surcharge is credited to a special provincial government fund to assist victims of crime.

Court Information at a Glance

Location:                    Ontario Court of Justice

                                    43 Drummond St E

                                    Perth, ON

Judge:                         Justice of the Peace Jacques Desjardins        

Date of Sentencing:    October 28, 2011

Defendant:                  Waldemar Kozuchowski

Matter:                        Occupational Health and Safety

Conviction:                 Occupational Health and Safety Act, Section 66(1)(b)

Crown Counsel:          Jason Tam

PDF Version - 32 Kb