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Where the case against Impact Plastics stands now

CEO Gerald O'Connor said in a video Friday that employees were told to leave 45 minutes before the flooding hit and that there was time to escape.

ERWIN, Tenn. — Impact Plastics, a Unicoi County-based company in Erwin, is being investigated by both the Tennessee Bureau of Investigation and the Tennessee Occupational Safety and Health Administration (TOSHA) after the company claimed some employees disappeared or died when flooding from Helene overtook its building. 

On Friday, its CEO Gerald O'Connor released a video statement about a preliminary internal review of what happened in the facility last week. 

"Employees were told to leave the plant at least 45 minutes before the gigantic force of the flood hit the industrial park," O'Connor said, in part, in the video. "There was time to escape."

Former Impact Plastics employee Robert Jarvis told WBIR in a statement Friday, in part, that he's not happy with the company's version of events. 

"I wish he would take some accountability for his actions because we shouldn't have been there that day at all," Jarvis said.  "It hurt me to see him up there trying to make himself look like he's all innocent."

The Video

O'Connor starts off the video by saying he and his family have been receiving death threats. 

"The flood of Sept. 27 took from our Impact Plastics family some great employees. One was a personal friend of more than 30 years of working together," O'Connor said in the video. "We are heartbroken, as you are, about our loss and will keep those who have now passed in our hearts forever."

O'Connor continues by saying that he ordered an immediate review of the events and timeline of what occurred at Impact Plastics on the day of the flooding. 

"The findings are that the employees were told to leave the plant at least 45 minutes before the gigantic force of the flood hit the industrial park. There was time to escape," O'Connor said. "Employees were not told at any time that they would be fired if they left the plant." 

O'Connor said that after checking to make sure that everyone was out of the plant and grabbing important files, he was one of the last to leave the plant and escape. 

"To our knowledge, no one died while on company property," he said. 

O'Connor said five employees were rescued from the facility with the help of the National Guard. 

He ends the video by saying that his company will cooperate fully with the reviews from the TBI and TOSHA and that the company's focus is on its employees. 

"Thank you for your hard work as we all try to recover from this tragedy," O'Connor said. "I fell in love with Erwin and the people back in 1987 as a home for Impact Plastics. My plan is to build back our business in this town that I love as quickly as we can and offer good jobs to the people who live there." 

You can watch the video below.

The Preliminary Review

Impact Plastics' preliminary review said the morning had begun as usual. At that time, there were no flooding alerts or warnings. 

"Written evacuation plans were posted in conspicuous areas of the plant many months prior to September 27, 2024," the preliminary review said. 

The review detailed how Impact Plastics' parking lot, located off South Industrial Drive, is in a low-lying area that is prone to flooding with employees often having to move their cars after a heavy rain. 

"Water began to pool in the parking lot around 10:35 a.m. on the morning of September 27th, 2024, which is not an unusual occurrence. Public warnings were disseminated via cell phones at approximately 10:40 a.m., coinciding with a power outage occurring at 10:39 a.m.," the preliminary review said. 

The review continues by saying that a decision was made "within minutes of the power outage" to shut down and dismiss all employees, including supervisors. 

"Employees were directed to leave the plant property within minutes of the power outage and certainly no later than 10:50 a.m. Bilingual employees translated the announcement in Spanish. Senior management conducted a walkthrough of the facility and attempted to move the company's server and other important documents. They exited the building around 11:35 a.m. and were the last individuals to leave," the preliminary review said. 

Recorded video footage and photographs have identified both current and missing employees who left Impact Plastics' property but remained on South Industrial Drive for approximately 45 minutes after employees were dismissed, according to the review. 

The group of employees that remained on South Industrial Drive were either rescued or reported as missing or deceased, the review states. 

"Review also indicates that when employees were dismissed as the water was pooling in Impact Plastics' parking lot, but South Industrial Drive, in front of the plant appears to have been passable," the review said. "The water pooled in the parking lot was approximately six inches deep as indicated by the water level shown at the bottom of small passenger cars parked at the time reviewed by the company. To Impact Plastics' knowledge, no one was ever trapped in the building or on its premises."

The review continues by saying the company is aware of allegations on social media that employees who asked to leave were told not to by their supervisors and that supervisors left before other plant employees were dismissed. 

"The allegations are false," the review said. "Impact did not prohibit its employees from leaving. It did not threaten anyone with discharge from employment. Its senior management were the last, not the first, to leave. Senior management was the last to leave approximately 45 minutes after the plant had been closed and all other employees had been dismissed. Impact Plastics made decisions based on the information available at the time."

The company ended the preliminary review with this statement: 

"In times like these, words feel inadequate to express the depth of sorrow we are all feeling. The recent flood has devastated our plant and, more tragically, taken the lives of some of our dear colleagues and friends. Our hearts go out to their families and loved ones."

What Employees Are Saying 

WBIR has spoken to multiple Impact Plastics employees. 

Robert Jarvis said Sept. 27 started as a normal day, but then he got an emergency flooding alert on his phone at around 10 a.m. that said it wasn't safe to stay in the area and people needed to leave. 

Jarvis asked if he could go home, but he said someone at the business told him they had to wait to hear from O'Connor to determine if people could leave. 

You can watch the video with Jarvis below.

Jacob Ingram, another Impact Plastics employee, said he only had 15 minutes from when he and his coworkers were told to leave before the floodwaters began to rise. Ingram said he held on to a semi-truck for hours before they used rolls of plastic gas piping as a life preserver. 

You can watch the video with Ingram below.

Rosa Maria Andrade Reynoso is an Impact Plastics employee who remains missing. 

"She said goodbye to me, and to take care of the kids," Francisco Javier Guerrero, Reynoso's husband, said. "We feel destroyed because of what's happening, specifically because we don't have answers if she is one of the people that were located."

You can watch the video below.

WBIR also spoke to two men who said they helped rescue Impact Plastics employees. Ron Kell is the general manager of Old Hickory Buildings, located just down the road from Impact Plastics.

Kell said he used a tractor from his business to create a road to get people out of that parking lot and to safety. His coworker, Erick Castellón, said he was on the way out when he noticed people at Impact Plastics were stuck in the parking lot as the flood waters rushed in. 

Castellón called Kell and the pair started to work to get people out of the parking lot and to safety. Kell said he got into his tractor to clear a path for Impact Plastics' employees.

You can watch the video below.

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