On May 22, 2009, Ministry of Labour inspectors visited Kozuchowski's business in Carleton Place, Ont. They noticed several health and safety violations and issued Kozuchowski orders to comply with the legislation. Inspectors made several followup 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 were 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; and
• Housekeeping practices were not adequate to control dust hazards.
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 percent 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.