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Pasta Quistini Inc., Supervisor Fined Total of $132,000 After Worker Killed By Machinery

Archived Court Bulletin

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

                                                Courtroom D

                                                Toronto, ON


Judge:                                     Justice of the Peace Mark Conacher


Date of Sentencing:                June 19, 2013

Defendants:                             Pasta Quistini Inc.

                                                Orlando Quistini


Matter:                                   Occupational Health and Safety

Conviction:                            Occupational Health and Safety Act

                                                Section 25(1)(b)

                                                Section 27(2)(c)                                       

Crown Counsel:                       Daniel Kleiman

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