Sister of man killed in workplace fall believes company was held accountable

The sister of a Chatham man killed in a workplace fall in 2021 said she hopes a fine against his employer will help prevent a similar tragedy from happening again.

Justin Martin, 44, died July 19, 2021, after he fell from the upper level of a building being demolished at 97 Center St. in Chatham.

The Ontario Ministry of Labour, Immigration, Training and Skills Development launched an investigation into Martin’s death.

James Curran Expert Removal & Excavating Ltd. of Chatham was charged under the Occupational Health and Safety Act.

The company pleaded guilty in provincial offenses court in Blenheim, with a conviction date of April 3, and was fined $70,000, the ministry said in a release this week.

“Some people might not agree with me when I say I am happy with the outcome,” Tina Martin, Justin’s sister, told The Daily News.

The company was held accountable for being neglectful and not having the the proper equipment on site, or if it was on site, not ensuring it was being used, she said.

Tina Martin said knowing the owner Jim Curran personally, she believes he lives with the death of her brother each day.

“That in itself is punishment enough, but hopefully the fine will ensure that this never happens again,” she said, adding she hopes having the matter closed will help the family begin to heal.

Curran declined comment.

The ministry said the company “failed to ensure that the worker was adequately protected by a method of fall protection when exposed to a fall of more than three meters,” contrary to the Occupational Health and Safety Act.

The ministry release outlined details of the events leading to Justin Martin’s death.

James Curran Expert Removal & Excavating Ltd. was demolishing an old building previously used as a grain silo.

The building was a two-storey, steel-framed building with metal cladding. The structure had several different platforms at various heights.

The upper-most platform contained two old hoppers, various pipes and structural walls, all of which needed to be removed, the ministry said.

Justin Martin was on a platform that had holes in the floor and unguarded openings around three sides, about 7.6 meters above the ground.

Using an oxy-acetylene torch, he was cutting pieces of steel components that would then be rigged to a crane, which would lower them.

Justin Martin was removing an old hopper, working off a ladder placed beside the hopper on the platform, when half of the hopper suddenly dropped and fell to the platform, causing him to fall off the ladder to the ground.

“The worker, who was not protected by any method of fall protection, suffered fatal injuries,” the ministry said.

Justice of the peace Susan Hoffman issued the fine, with the court also imposing a 25 per cent victim fine surcharge as required by the Provincial Offenses Act.

“My brother was a kind person who would do anything for absolutely anyone,” Tina Martin said.

Justin Martin was described as a “wonderfully unique” person in his obituary.

“He had a huge heart for others, and his smile and laughter were contagious,” the obituary said. “He loved to help, and there was nothing he wouldn’t do for someone who needed it.

“Justin was one of the hardest workers one could ask for. His family and daughter meant so much to him and he enjoyed spending time with them and with his friends.”