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The family of a Tennessee factory worker who died in the aftermath of severe flooding caused by Hurricane Helene has filed a wrongful death lawsuit against his employer, raising questions about worker safety and emergency protocols.
Johnny Peterson, who was employed at Impact Plastics in Erwin, Tennessee, was one of 11 workers caught in floodwaters on September 27 as the hurricane brought heavy rains and rising water levels to the region. Of those affected, five workers were rescued, while four remain missing, and Peterson was one of two confirmed dead.
The lawsuit, filed by Peterson’s family, alleges that the company, led by CEO Gerald O’Connor, forced employees to remain on site despite the growing danger, ultimately prioritizing production deadlines over worker safety. Peterson and his coworkers reportedly requested to leave as conditions worsened, but the company allegedly denied their requests, instructing them only to move their vehicles to higher ground. The complaint claims that the company failed to implement an emergency action plan, despite the factory's location in a federally designated floodplain.
Investigation launched into worker's death
"Orders had to go out," the lawsuit claims, stating that Impact Plastics pressured employees to continue working even as the flooding risk escalated. The family argues that the tragic death of Peterson, along with the other workers still missing, could have been avoided had the company acted more responsibly. "Impact Plastics chose profit over the safety of its workers," the family stated in the court filing.
In response to the incident, Tennessee state authorities have launched a separate investigation into Impact Plastics' handling of the events leading up to the flooding. The Tennessee Occupational Safety and Health Administration (TOSHA) and the Tennessee Bureau of Investigation (TBI) are working together to determine whether the company violated any workplace safety regulations on the day of the flood. Officials from TOSHA revealed that the company failed to report the workplace fatalities within the required eight-hour window, which is mandatory under state law.
Delayed decisions
The company, in a statement to the Associated Press, defended its actions, stating that it was "continuing to monitor weather conditions" and eventually dismissed employees when floodwaters began to cover the parking lot and access roads, and after the factory lost power. Impact Plastics expressed sympathy for the missing and deceased workers but emphasized that employees were allowed to leave. The company added that managers communicated the decision to both English and non-English-speaking workers to ensure everyone understood they could go home safely.
However, the Peterson family’s lawsuit alleges that the company’s response came too late and was inadequate, accusing Impact Plastics of negligence for not evacuating workers earlier or establishing a proper emergency plan. The lawsuit also points to the broader issue of worker safety, particularly in industries where natural disasters pose significant risks. Factories and other high-risk workplaces, the lawsuit argues, must have emergency action plans and clear protocols to protect workers in volatile conditions.
Worker safety guidelines in the US are governed by regulations such as those outlined by the Occupational Safety and Health Administration (OSHA), which mandates that employers provide safe working environments, including preparedness for emergencies like floods or hurricanes. These regulations emphasize the importance of clear evacuation plans, proper communication, and timely responses to emerging dangers. Failure to adhere to these safety standards can result in preventable injuries or fatalities, as seen in Peterson’s case.
As the investigations continue, the case has brought renewed attention to the responsibility employers have in ensuring their workers’ safety, especially in potentially hazardous conditions. It underscores the importance of proactive safety measures, emergency preparedness, and employer accountability, particularly in industries where the stakes for worker safety are high.
