Ohio Company Pleads Guilty in Worker Death Case

An Ohio corporation pleaded guilty this week in federal court in the Southern District of Ohio to a charge of negligent endangerment. The criminal charge is related to an explosion that resulted in the death of one employee and injuries to several more.

Yenkin Majestic Paint Corporation operated a coatings and resin manufacturing facility in Columbus. As part of the resin manufacturing process, Yenkin would heat ingredients in large steel vessels known as "kettles." In 2020 Yenkin decided to fabricate and install a new door, known as a "manway" on the top of Kettle 3. Working in conjunction with a local fabrication company, Yenkin installed the new manway in December 2020. Despite several examples of Kettle 3 seeing high pressure spikes, Yenkin never pressure tested the new manway before placing it back in service. Once installed, it immediately began leaking. Nevertheless, Yenkin continued to utilize Kettle #3, opting instead to add a thicker gasket, which Yenkin erroneously believed to be made of Teflon (but was actually silicone).

On April 8, 2021, Yenkin was in the process of producing a resin in Kettle #3. Unbeknownst to the operator, the agitator inside Kettle 3 had stopped, likely due to electrical work Yenkin was conducting at the time. Around midnight, the operator turned the agitator back on, causing the contents to vaporize and increasing the pressure inside the kettle. Moments later, Kettle 3's closed manway and gasket could no longer contain the pressure and began to release a mixture of hot resin liquid and flammable solvent vapor into the resin plant and then into adjacent operating areas of the plant.

Multiple flammable gas detectors inside the facility started detecting an increasing concentration of flammable vapors during the release. However, the flammable gas detectors were not configured to sound an audible alarm. At 12:04 a.m., the released flammable vapors found an ignition source and exploded, which led to the death of one employee and severe injuries to several others. The explosion also damaged the resin plant and nearby structures.

"When safety protocols aren't followed, pressurized equipment can cause terrible accidents like the tragedy at Yenkin in 2021," said Principal Deputy Assistant Attorney General Adam Gustafson of the Justice Department's Energy and Natural Resources Division (ENRD). "The company is pleading guilty to negligent endangerment, because their actions, or inactions, created a manufacturing environment that resulted in death and severe injury. Our hope in highlighting this case is that other manufacturers will vigilantly protect the safety of their workers and properly operate their equipment."

"Companies that use hazardous chemicals have a responsibility to prevent releases that put people in danger of death and serious bodily injury," said Assistant Administrator Jeffrey A. Hall of EPA's Office of Enforcement and Compliance Assurance. "The resulting incident caused a tragic loss of life, injuries, and property damage. EPA will continue to hold companies accountable when they put workers and the public at risk by ignoring basic safety and emergency procedures."

"Employees deserve to be protected from danger in the workplace - and we will hold companies accountable to that obligation," said U.S. Attorney Dominick S. Gerace II for the Southern District of Ohio. "This tragic circumstance serves as a stark reminder to all manufacturers that safety requirements must be followed."

"Companies have an obligation to protect their workers," said Ohio Attorney General Andy Wilson. "Yenkin failed to keep its employees safe, and as a result, one person died and several others were injured. This guilty plea provides a measure of accountability for Yenkin's failures."

"This devastating incident underscores the serious consequences of why environmental safeguards and proper operating procedures matter," said Ohio Environmental Protection Agency Director John Logue. "Ohio EPA remains committed to protecting Ohio's communities and natural resources and holding regulated facilities accountable for meeting their environmental obligations."

The case was investigated by the U.S. Environmental Protection Agency (EPA)'s Special Investigations Unit, the Ohio Attorney General's Office Bureau of Criminal Investigation, and the Ohio Environmental Protection Agency Special Investigations Unit, with support from the U.S. Department of Labor, Occupational Safety and Health Administration.

Senior Trial Attorney and Assistant U.S. Attorney Adam Cullman for ENRD and the Southern District of Ohio and Assistant U.S. Attorney David Twombly for the Southern District of Ohio are prosecuting the case.