Pasta Quistini Inc., Supervisor Fined Total of $132,000 After Worker Killed By Machinery
TORONTO, ON - Pasta Quistini Inc., a North York business engaged in preparing and selling pastas, sauces and prepared foods to retailers, restaurants and industrial facilities, has been fined $120,000 after a worker became entangled in a machine and died. A supervisor was also fined $12,000.
On April 11, 2011, a worker was standing on a platform ladder to access the hopper portion of the machine which kneads and cuts pasta dough with an auger. The worker fell into the hopper, which was in operation.
A Ministry of Labour investigation found that an interlock switch designed to shut off the machine when a cover to the hopper is opened was not functioning, and that the cover and interlock did not meet the requirements of a guard.
Pasta Quistini Inc. pleaded guilty to failing, as an employer, to ensure that the equipment, materials and protective devices provided by the employer were maintained in good condition.
Company part-owner and supervisor Orlando Quistini pleaded guilty to failing, as a supervisor, to take every precaution reasonable in the circumstances for the protection of a worker.
The fine was imposed by Justice of the Peace Mark Conacher. In addition to the fine, 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
Old City Hall
60 Queen Street West
Judge: Justice of the Peace Mark Conacher
Date of Sentencing: June 19, 2013
Defendants: Pasta Quistini Inc.
Matter: Occupational Health and Safety
Conviction: Occupational Health and Safety Act
Crown Counsel: Daniel Kleiman