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Health and Safety
Jail for Kitchener man who obstructed Ministry of Labour inspector
TORONTO - A Kitchener plumbing contractor was sentenced to seven days in jail and a fine of $3,000 for pushing a Ministry of Labour health and safety inspector visiting a Toronto construction site.
Justice of the Peace J. Opalinski heard that on January 24, 2006, the
inspector visited a Scarborough construction site, following up on previously
issued health and safety orders. The inspector was asking two workers why they
were not wearing head protection when Ion Cenuser, the owner of a plumbing
contracting business working on the site, approached. The inspector noticed
and asked why Cenuser was not wearing protective footwear. Court heard that
Cenuser began swearing at the inspector, who walked away and went inside the
site trailer to speak to the site manager. Cenuser followed. Inside the
trailer, he shouted and swore at the inspector and, finally, grabbed and
pushed the inspector across the trailer.
Cenuser was convicted on a count of hindering, obstructing, molesting or
interfering with an inspector in the exercise of a power or the performance of
duty under the Occupational Health and Safety Act, contrary to section 62(1)
of the Occupational Health and Safety Act.
In addition to the fine, the court imposed a 25-per-cent victim fine
surcharge on the total, as required by the Provincial Offences Act. The
surcharge is credited to a special provincial government fund to assist
victims of crime.
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