Constructor, electrical contractor and supervisor fined a total of $100,000 after worker killed

BURLINGTON, ON, Jan. 28 /CNW/ - Pomico Holdings Inc., P & M Electric (2000) Inc. and Vlado Kolich were fined a total of $100,000 under the Occupational Health and Safety Act (OHSA) on January 20, 2009 after a worker was electrocuted.

Separate investigations by the Ministry of Labour and the Electrical Safety Authority found that a 600 volt cable was improperly buried and connected without authorization at a construction site on Harvester Road in Burlington. A worker from another company, working on cleanup of the site, was electrocuted and killed when the worker touched a dumpster bin that had made contact with the improperly buried cable.

Pomico Holdings Inc., the constructor on the site, P & M Electric, the electrical contractor for the project, and Vlado Kolich, part owner and supervisor for P & M Electric, all pleaded guilty to failing to ensure that a warning sign was posted to warn workers of the hazard of an underground electrical cable, as prescribed by section 44(1) of Ontario Regulation 213/91. In the case of Pomico, this was contrary to section 23(1)(a) of the OHSA and it was fined $70,000. P & M Electric violated section 25(1)(c) and was fined $22,500. Mr. Kolich pleaded guilty under section 27(1)(a) and was fined $7,500.

The case was a joint prosecution by the Ministry of Labour and the Electrical Safety Authority. P & M Electric was also fined $60,000 and Vlado Kolich $10,000 under the Electricity Act.

The fines were imposed by Justice of the Peace J. Woloschuk in the Ontario Court of Justice, Burlington. 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.

Court Information at a Glance:                 

    Location:  Ontario Court of Justice 2051 Plains Road East Burlington, Ontario

    Judge:  Justice of the Peace J. Woloschuk 

    Date:  January 20, 2009

    Defendants:  Pomico Holdings Inc., P & M Electric (2000) Inc. and  Vlado Kolich

    Matter: Occupational Health and Safety

    Crown Counsel: Dan Kleiman

This Court Bulletin was prepared by the Ministry of Labour.