Tennessee plastics factory target of investigation after reports Helene floodwaters trapped workers, led to deaths

Impact Plastics said no employee faced termination if they left due to floods.

Tennessee officials announced Wednesday that they are investigating allegations involving Impact Plastics after company employees were reportedly swept away last week by Hurricane Helene floodwaters.

The Tennessee Occupational Safety and Health Administration (TOSHA) is investigating reports of 11 employees at Impact Plastics in Erwin, Tennessee, being swept away by flash flooding from Helene in Unicoi County, according to a TOSHA statement.

The allegations involve whether managers at Impact Plastics failed to promptly send employees home as water rapidly rose in a low-lying Erwin industrial park. There are concerns from other company employees that their colleagues may have been told they weren't free to leave or were specifically forbidden from leaving until it was too late.

TOSHA and the Tennessee Bureau of Investigation are working together to determine the cause of the workplace fatalities at the Erwin facility, as stated by the Tennessee Department of Labor and Workforce.

"Tennessee law allows an employer 8 hours to notify TOSHA of workplace fatalities," the company said in a press release Wednesday. "TOSHA has not received a fatality report from managers at Impact Plastics."

In their evening flash update, the Tennessee Emergency Management Agency (TEMA) confirmed four people died due to weather-related injuries, and six people remain missing in Unicoi County. Authorities have not confirmed how many of the fatalities and missing individuals are associated with Impact Plastics.

The TBI informed ABC News that they are investigating allegations involving Impact Plastics.

"Impact Plastics has not been contacted by the TBI yet, but will fully cooperate with their investigation," the company's spokesperson, Tony Treadway, told the Associated Press. He said the company is preparing an internal review, which it will release to the public."

According to the AP, the death toll from Helene across six states has surpassed 200, with two confirmed dead and four missing from the factory washed away in Erwin. Dozens were rescued from a hospital roof in the same area.

Two deceased individuals at the Tennessee plastics factory are Mexican citizens, according to Lisa Sherman-Nikolaus, executive director at the Tennessee Immigrant and Refugee Rights Coalition, the AP said. Some of the victims' families have launched online fundraisers to cover funeral and other expenses, according to the AP.

Last Friday, employees at Impact Plastics were reportedly instructed not to leave the facility despite flash flood warnings, according to the AP. A video of that day, filmed by a company employee, has gained the attention of District Attorney General Steve Finney.

Finney said in a statement that he requested the bureau to investigate potential criminal violations related to the events on Friday.

"Specifically, I asked that they review the occurrences of Friday, Sept. 27, 2024, to identify any potential criminal violations," Finney said in a press release.

According to the AP, Jacob Ingram, a mold changer at the factory, filmed himself and four others waiting for rescue as vehicles floated by. "He later posted the videos on Facebook with the caption, 'Just wanna say I'm lucky to be alive.' Videos of their helicopter rescue were posted on social media later Saturday.

In the video, Ingram looks down at the camera with a green Tennessee National Guard helicopter above him, hoisting a survivor. In another, a soldier rigs the next evacuee in a harness.

Impact Plastics stated on Monday that it "continued to monitor weather conditions" on Friday and managers dismissed employees when water began covering the parking lot and the adjacent service road, and the plant lost power, the AP said.

Ingram told ABC News affiliate WJHL the company should be held accountable for the individuals who have lost their lives and those who are still unaccounted for.

"I think they should have to pay for it, have to pay for what they did," he told WJHL. "I think that someone needs to be held accountable for the lives lost because there's no price you can put on a life. There isn't."

Ingram asked management if he could leave when the water started rising but was told no. Some employees sought refuge on a semi-truck for nearly two hours before it flipped into rushing water.

"I was trying to help one of the ladies out of the big coils of plastic, and while I was trying to help her out, a big tree fell on me, causing most of the pain I'm going through," he said to WJHL.

Ingram was one of five Impact Plastics employees rescued by helicopter by the National Guard.

Ingram's father, Michael Graham, stated that Ingram was recuperating at home on Wednesday after receiving treatment for cuts and lung issues. He told the AP that Ingram had called him from the truck, expressing fear for his life, and added that Ingram's phone was no longer working.

"We got a call, Jacob saying, 'I'm stuck at work, we're on the back of a semi truck. We climbed as high as we can. Just tell everybody I love them if I don't make it out again,'" Graham told the AP.

Impact Plastics expressed sympathy for the missing and deceased workers but stated that workers were given time to leave the factory.

"While most employees left immediately, some remained on or near the premises for unknown reasons," the company said in a statement. "Senior management and assistants remained to oversee employee departures, assess damage and preserve company records. They were the last to exit the building."

Gerald O'Connor, the company's founder, emphasized that no employee was threatened with termination for leaving. "We made sure the message was clear, even for non-English-speaking staff, by using bilingual managers to communicate," he said.