USA: Owner of Impact Plastics factory where 6 workers died in flooding after Hurricane Helene won't face charges; co. still faces wrongful dearth lawsuit; incl. co. comment
On September 27th 2024, floodwaters from Hurricane Helene engulfed the factory building of Impact Plastics in Erwin, Tennessee. The floodwaters swept away 11 employees, only five of whom were subsequently rescued. Four of the dead were Mexican American, reflecting the disproportionate number of workers at the factory from the town's small Latino community.
Surviving workers allege that they were not allowed to leave the plant in time to avoid the storm's impact, and that there was no emergency evacuation plan in place, despite the factory's location in a federally-designated flood plain. Even as most businesses in the area shut down to protect their employees, Impact Plastics reportedly instructed its employees to report to work because the company "wanted to meet order deadlines". Meanwhile, members of the company's senior management team, including its CEO Gerald O'Connor, "stealthily exited the building", according to a lawsuit brought by the family of one of the deceased employees.
The lawsuit was filed on October 14th 2024 and alleges that Impact Plastics and O'Connor's actions represent a "gross deviation from the standard of care that an ordinary person would exercise under all the circumstances."
Impact Plastics has maintained that it monitored weather conditions on Sept. 27 and that managers dismissed employees "when water began to cover the parking lot and the adjacent service road, and the plant lost power."
Meanwhile, O'Connor has said no employees were forced to keep working and they were evacuated at least 45 minutes before the massive force of the flood hit the industrial park.
In July 2025, it was reported by CNN that the owner of Impact Plastics will not face charges, after a Tennessee Bureau of Investigation found no criminal wrongdoing. A statement from Impact Plastics' attorney welcomed the results of the investigation. An attorney of the flood victims said they disagree that the workers were given a meaningful opportunity to escape. The company still faces a wrongful death lawsuit and other civil suits are planned.