Latest news with #JohnnyPeterson
Yahoo
03-04-2025
- Yahoo
Deaths of Tennessee factory workers in Hurricane Helene flooding was 'not work-related,' state agency finds
Tennessee's workplace safety agency has absolved a plastics plant of responsibility in the deaths of six workers who were swept away by floodwaters from Hurricane Helene in September. The Sept. 27 deaths gained national attention when community members and relatives of the mostly Latino plant employees questioned why they hadn't been dismissed from work early enough to escape the record levels of rain that overcame the plastics factory in Erwin and the only road out. The report from the Tennessee Occupational Safety and Health Administration (TOSHA) published Wednesday, said that because 'work operations had stopped and employees had left the building,' the deaths were not work-related and thus not within its jurisdiction. 'After considering the evidence," Chris Cannon, a spokesman with the Tennessee Department of Labor and Workforce Development, said, "TOSHA determined that company management exercised reasonable diligence in dismissing employees and providing them sufficient time to leave the facility safely.' A criminal probe by the Tennessee Bureau of Investigation into the deaths is still underway, said Leslie Earhart, the bureau's spokesperson. Five employees and one contractor were killed when the semi-truck trailer they had sought refuge on was overtaken by raging floodwaters. They were Monica Hernandez-Corona, 44; Bertha Mendoza, 56; Johnny Peterson, 55; Lidia Verdugo Gastelum, 63; Rosa Maria Andrade Reynoso, 29; and Sibrina Barnett, 53. Six others were tossed from the truck bed and later rescued. Attorneys representing relatives of some of the deceased employees rejected the probe's conclusions. 'TOSHA's report ignores multiple witnesses' testimonies, critical text messages, emergency alert logs, and photographic evidence that tell the real story about Impact Plastics' fatal failures," Zack Lawson, an attorney representing Alexa Peterson, Johnny Peterson's daughter, in a wrongful death lawsuit against Impact Plastics. "We're grateful that in America, juries — not bureaucrats citing unnamed sources — will decide the truth based on all the evidence." Greg Coleman, an attorney for the Mendoza and Barnett families, said in a statement from his firm that they 'vehemently disagree with any characterization that Impact Plastics exercised reasonable diligence in dismissing employees.' According to Coleman, "the facts simply do not support" a finding that the floodwaters were already too high and strong when the factory "finally, and begrudgingly, allowed workers to leave." While he agreed with a suggestion from the safety administration that the plant should improve its emergency plans, he stated that "this comes far too late for our clients." Relatives of the missing and dead factory employees, and those who survived, have alleged they were made to show up to work even as the hurricane was moving through the area. The day before the historic flood, the National Weather Service in Morristown, Tennessee, issued several warnings of potential flooding for the rest of the week. The local school district canceled school, citing weather warnings, and at least one other company in the same industrial park as Impact Plastics, Foam Products Corp., closed their doors Friday. It was the first time their Erwin plant had ever closed for extreme weather. Impact Plastics, which manufactures components for cars, helicopters, furniture and other products, decided to open that Friday, as did several other nearby businesses. Through lawyers, Impact Plastics said in a statement Wednesday that it welcomed the results of TOSHA's investigation and that the company and its founder, Gerald O'Connor, have cooperated with it. 'Impact Plastics and Gerald O'Connor continue to concentrate on seeing to the needs of members of the Impact Plastics family and grieving over the wonderful people who were lost in the flood," the company stated. "Mr. O'Connor is focused on rebuilding Impact Plastics for the benefit of the employees, the customers, and the community.' This article was originally published on
NBC News
03-04-2025
- NBC News
Deaths of Tennessee factory workers in Hurricane Helene flooding was 'not work-related,' state agency finds
Tennessee's workplace safety agency has absolved a plastics plant of responsibility in the deaths of six workers who were swept away by floodwaters from Hurricane Helene in September. The Sept. 27 deaths gained national attention when community members and relatives of the mostly Latino plant employees questioned why they hadn't been dismissed from work early enough to escape the record levels of rain that overcame the plastics factory in Erwin and take the only road out. The report from the Tennessee Occupational Safety and Health Administration (TOSHA) published Wednesday, said that because 'work operations had stopped and employees had left the building,' the deaths were not work-related and thus not within its jurisdiction. 'After considering the evidence," Chris Cannon, a spokesman with the Tennessee Department of Labor and Workforce Development, said, "TOSHA determined that company management exercised reasonable diligence in dismissing employees and providing them sufficient time to leave the facility safely.' A criminal probe by the Tennessee Bureau of Investigation into the deaths is still underway, said Leslie Earhart, the bureau's spokesperson. Five employees and one contractor were killed when the semi-truck trailer they had sought refuge on was overtaken by raging floodwaters. They were Monica Hernandez-Corona, 44; Bertha Mendoza, 56; Johnny Peterson, 55; Lidia Verdugo Gastelum, 63; Rosa Maria Andrade Reynoso, 29; and Sibrina Barnett, 53. Six others were tossed from the truck bed and later rescued. Attorneys representing relatives of some of the deceased employees rejected the probe's conclusions. 'TOSHA's report ignores multiple witnesses' testimonies, critical text messages, emergency alert logs, and photographic evidence that tell the real story about Impact Plastics' fatal failures," Zack Lawson, an attorney representing Alexa Peterson, Johnny Peterson's daughter, in a wrongful death lawsuit against Impact Plastics. "We're grateful that in America, juries — not bureaucrats citing unnamed sources — will decide the truth based on all the evidence." Greg Coleman, an attorney for the Mendoza family, said they "vehemently disagree with any characterization that Impact Plastics exercised reasonable diligence in dismissing employees." The facts, he said, do not support a finding that the floodwaters were already too high and strong when the factory "finally, and begrudgingly, allowed workers to leave." While he agreed with a suggestion from the safety administration that the plant should improve its emergency plans, "this comes far too late for our clients." Relatives of the missing and dead factory employees, and those who survived, have alleged they were made to show up to work even as the hurricane was moving through the area. The day before the historic flood, the National Weather Service in Morristown, Tennessee, issued several warnings of potential flooding for the rest of the week. The local school district canceled school, citing weather warnings, and at least one other company in the same industrial park as Impact Plastics, Foam Products Corp., closed their doors Friday. It was the first time their Erwin plant had ever closed for extreme weather. Impact Plastics, which manufactures components for cars, helicopters, furniture and other products, decided to open that Friday, as did several other nearby businesses. Through lawyers, Impact Plastics said in a statement Wednesday that it welcomed the results of TOSHA's investigation and that the company and its founder, Gerald O'Connor, have cooperated with it. 'Impact Plastics and Gerald O'Connor continue to concentrate on seeing to the needs of members of the Impact Plastics family and grieving over the wonderful people who were lost in the flood," the company stated. "Mr. O'Connor is focused on rebuilding Impact Plastics for the benefit of the employees, the customers, and the community.'
Yahoo
03-04-2025
- Yahoo
Tennessee safety agency says workers killed in flooding were given time to evacuate
NASHVILLE, Tenn. (AP) — Workers at an East Tennessee plastics company who died in flooding from last year's Hurricane Helene had time to evacuate, albeit by 'makeshift routes,' according to an investigation from the Tennessee Occupational Safety and Health Administration released on Wednesday. 'It was found that Impact Plastics, Inc. exercised reasonable diligence to dismiss employees and direct them to leave the site in this emergency situation,' the report concludes. 'As the deaths of Impact Plastics, Inc. employees are not work related, no citations are recommended.' Six people died in the flooding Five employees and one contractor who cleaned the offices once a week were killed on Sept. 27 after they were washed away by floodwaters. Attorneys for their surviving family members vehemently dispute the conclusion that they were dismissed from work with time to evacuate safely. 'TOSHA's report ignores the testimony of multiple witnesses, critical text messages, emergency alert logs, and photographic evidence that tell the real story about Impact Plastics' fatal failures," said attorney Alex Little, who represents the family of Johnny Peterson. "We're grateful that in America, juries — not bureaucrats citing unnamed sources — will decide the truth based on all the evidence.' Peterson was one of 12 people who tried to escape the rising waters by climbing onto the bed of a semi-trailer loaded with giant spools of plastic piping that was parked outside the factory. When floodwaters eventually overwhelmed the truck, six people were able to use the piping for floatation and were later rescued. The other six drowned. TOSHA notes that its investigation was hampered by 'phone service disruptions, language barriers, and other challenges.' It also says that the flooding destroyed the company's workplace safety records. Attorney Luke Widener, who represents the family of contractor Sibrina Barnett and other victims, alleged in a statement that many safety records, including an emergency evacuation plan, never existed. He pointed out that workers at surrounding businesses in the industrial park were able to evacuate safely. 'While we agree with TOSHA's suggestion that Impact Plastics should improve its emergency plans, this comes far too late for our clients,' Widener said. Employees escaped by 'makeshift routes' The TOSHA report relies on the fact that a number of Impact Plastics employees did escape the flood, despite the fact that the one road in and out of the park was already covered in water by the time they began to evacuate. Some were able to escape by driving or walking over an embankment to a nearby highway after workers at a neighboring business dismantled a fence there. Others escaped by driving over a makeshift path onto nearby railroad tracks that an employee at a neighboring business created with a tractor. Still others were able to escape by walking to the railroad tracks, according to the report. In response to questions about these makeshift escape routes, Chris Cannon, spokesman for the Tennessee Department of Labor and Workforce Development, said in an email, 'Evacuation by auto was not the only feasible evacuation route." He added, "TOSHA would not be able to hold an employer accountable for road conditions.' A statement for the company from attorney Stephen Ross Johnson says Impact Plastics welcomes the results of the TOSHA investigation 'Critically, and contrary to what was reported by some in the media, Tennessee OSHA 'found no evidence that employees were threatened with termination or forced to work beyond a safe evacuation point',' the statement reads. In addition to the TOSHA, the Tennessee Bureau of Investigation has been probing the six deaths. That investigation is ongoing.
The Independent
03-04-2025
- The Independent
Tennessee safety agency says workers killed in flooding were given time to evacuate
Workers at an East Tennessee plastics company who died in flooding from last year's Hurricane Helene had time to evacuate, albeit by 'makeshift routes,' according to an investigation from the Tennessee Occupational Safety and Health Administration released on Wednesday. 'It was found that Impact Plastics, Inc. exercised reasonable diligence to dismiss employees and direct them to leave the site in this emergency situation,' the report concludes. 'As the deaths of Impact Plastics, Inc. employees are not work related, no citations are recommended.' Six people died in the flooding Five employees and one contractor who cleaned the offices once a week were killed on Sept. 27 after they were washed away by floodwaters. Attorneys for their surviving family members vehemently dispute the conclusion that they were dismissed from work with time to evacuate safely. 'TOSHA's report ignores the testimony of multiple witnesses, critical text messages, emergency alert logs, and photographic evidence that tell the real story about Impact Plastics' fatal failures," said attorney Alex Little, who represents the family of Johnny Peterson. "We're grateful that in America, juries — not bureaucrats citing unnamed sources — will decide the truth based on all the evidence.' Peterson was one of 12 people who tried to escape the rising waters by climbing onto the bed of a semi-trailer loaded with giant spools of plastic piping that was parked outside the factory. When floodwaters eventually overwhelmed the truck, six people were able to use the piping for floatation and were later rescued. The other six drowned. TOSHA notes that its investigation was hampered by 'phone service disruptions, language barriers, and other challenges.' It also says that the flooding destroyed the company's workplace safety records. Attorney Luke Widener, who represents the family of contractor Sibrina Barnett and other victims, alleged in a statement that many safety records, including an emergency evacuation plan, never existed. He pointed out that workers at surrounding businesses in the industrial park were able to evacuate safely. 'While we agree with TOSHA's suggestion that Impact Plastics should improve its emergency plans, this comes far too late for our clients,' Widener said. Employees escaped by 'makeshift routes' The TOSHA report relies on the fact that a number of Impact Plastics employees did escape the flood, despite the fact that the one road in and out of the park was already covered in water by the time they began to evacuate. Some were able to escape by driving or walking over an embankment to a nearby highway after workers at a neighboring business dismantled a fence there. Others escaped by driving over a makeshift path onto nearby railroad tracks that an employee at a neighboring business created with a tractor. Still others were able to escape by walking to the railroad tracks, according to the report. In response to questions about these makeshift escape routes, Chris Cannon, spokesman for the Tennessee Department of Labor and Workforce Development, said in an email, 'Evacuation by auto was not the only feasible evacuation route." He added, "TOSHA would not be able to hold an employer accountable for road conditions.' A statement for the company from attorney Stephen Ross Johnson says Impact Plastics welcomes the results of the TOSHA investigation 'Critically, and contrary to what was reported by some in the media, Tennessee OSHA 'found no evidence that employees were threatened with termination or forced to work beyond a safe evacuation point',' the statement reads. In addition to the TOSHA, the Tennessee Bureau of Investigation has been probing the six deaths. That investigation is ongoing.
Associated Press
03-04-2025
- Associated Press
Tennessee safety agency says workers killed in flooding were given time to evacuate
NASHVILLE, Tenn. (AP) — Workers at an East Tennessee plastics company who died in flooding from last year's Hurricane Helene had time to evacuate, albeit by 'makeshift routes,' according to an investigation from the Tennessee Occupational Safety and Health Administration released on Wednesday. 'It was found that Impact Plastics, Inc. exercised reasonable diligence to dismiss employees and direct them to leave the site in this emergency situation,' the report concludes. 'As the deaths of Impact Plastics, Inc. employees are not work related, no citations are recommended.' Six people died in the flooding Five employees and one contractor who cleaned the offices once a week were killed on Sept. 27 after they were washed away by floodwaters. Attorneys for their surviving family members vehemently dispute the conclusion that they were dismissed from work with time to evacuate safely. 'TOSHA's report ignores the testimony of multiple witnesses, critical text messages, emergency alert logs, and photographic evidence that tell the real story about Impact Plastics' fatal failures,' said attorney Alex Little, who represents the family of Johnny Peterson. 'We're grateful that in America, juries — not bureaucrats citing unnamed sources — will decide the truth based on all the evidence.' Peterson was one of 12 people who tried to escape the rising waters by climbing onto the bed of a semi-trailer loaded with giant spools of plastic piping that was parked outside the factory. When floodwaters eventually overwhelmed the truck, six people were able to use the piping for floatation and were later rescued. The other six drowned. TOSHA notes that its investigation was hampered by 'phone service disruptions, language barriers, and other challenges.' It also says that the flooding destroyed the company's workplace safety records. Attorney Luke Widener, who represents the family of contractor Sibrina Barnett and other victims, alleged in a statement that many safety records, including an emergency evacuation plan, never existed. He pointed out that workers at surrounding businesses in the industrial park were able to evacuate safely. 'While we agree with TOSHA's suggestion that Impact Plastics should improve its emergency plans, this comes far too late for our clients,' Widener said. Employees escaped by 'makeshift routes' The TOSHA report relies on the fact that a number of Impact Plastics employees did escape the flood, despite the fact that the one road in and out of the park was already covered in water by the time they began to evacuate. Some were able to escape by driving or walking over an embankment to a nearby highway after workers at a neighboring business dismantled a fence there. Others escaped by driving over a makeshift path onto nearby railroad tracks that an employee at a neighboring business created with a tractor. Still others were able to escape by walking to the railroad tracks, according to the report. In response to questions about these makeshift escape routes, Chris Cannon, spokesman for the Tennessee Department of Labor and Workforce Development, said in an email, 'Evacuation by auto was not the only feasible evacuation route.' He added, 'TOSHA would not be able to hold an employer accountable for road conditions.' A statement for the company from attorney Stephen Ross Johnson says Impact Plastics welcomes the results of the TOSHA investigation 'Critically, and contrary to what was reported by some in the media, Tennessee OSHA 'found no evidence that employees were threatened with termination or forced to work beyond a safe evacuation point',' the statement reads. In addition to the TOSHA, the Tennessee Bureau of Investigation has been probing the six deaths. That investigation is ongoing.
