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.