Ohio Supreme Court rules nitrogen gas not toxic in workplace death

Dave Steiger, a Cleveland attorney, joined the America’s Work Force Union Podcast and discussed a recent Ohio Supreme Court case involving a workplace fatality in a steel plant near Canton, Ohio.

Recently, the Ohio Supreme Court ruled 6-1 that nitrogen gas was not considered toxic in the death of Ken Ray, a 32-year-old security guard who died of asphyxiation at the Timken Steel plant in 2016. Steiger explained the circumstances of Ray's death, which occurred when he entered an elevator control room flooded with nitrogen gas from a malfunctioning air handling unit. The attorney representing Ray’s family filed a violation of specific safety requirement (VSSR) application, arguing that employers must protect workers from hazardous air contaminants. However, the Ohio Supreme Court's majority opinion narrowly defined "toxic" as synonymous with "poison," which ultimately concluded that nitrogen gas did not meet this definition.

The court's decision hinged on their interpretation of the word "toxic" in the Ohio Administrative Code. Steiger highlighted the dissenting opinion of Justice Jennifer Brunner, who argued that the majority's definition was too narrow and failed to consider nitrogen's ability to displace oxygen in enclosed spaces. This ruling effectively denied Ray's widow additional compensation beyond standard death benefits, potentially amounting to millions of dollars over her lifetime.

Steiger then emphasized the broader implications of this decision for workplace safety and legal interpretations. He noted that nitrogen gas is primarily used in industrial settings and that its ability to cause death in enclosed spaces is well-known, as evidenced by its use in execution chambers in four states. The attorney expressed frustration with the court's reasoning, which he believes contradicts common understanding and previous legal interpretations of workplace hazards.

To hear the full discussion on this landmark case and its implications for workplace safety, listen to the complete episode on AWF.