High court finds no safety violation in fatal nitrogen release at Canton steel plant

An Ohio Supreme Court ruling denies additional workers’ compensation for the widow of a steel plant employee who died from nitrogen asphyxiation.

The court ruled Wednesday that the Industrial Commission of Ohio did not abuse its discretion in denying an additional award to the widow of Kenneth Ray Jr., who died in 2016 at a TimkenSteel Corporation facility in Canton.

Ray's widow had argued that TimkenSteel violated specific safety requirements. She sought an additional award, beyond death benefits, claiming the company failed to comply with safety regulations related to air contaminants.

Ray was inspecting fire extinguishers in an elevator-control room when he died. The room's air-handling unit malfunctioned, releasing nitrogen gas and displacing oxygen.

The Industrial Commission denied the widow’s application, stating that the safety requirements in effect at the time of Ray’s death did not apply to his accident. The commission said the woman did not establish that nitrogen gas was "toxic" or a "poison" as defined in the regulations.

The 10th District Court of Appeals had previously directed the commission to reconsider its decision. The Supreme Court reversed that ruling.

The Supreme Court majority concluded that the commission's finding that nitrogen gas was not toxic was supported by "some evidence" in the record.

Justice Jennifer Brunner dissented, arguing that the safety regulations should have applied in cases where employees were exposed to nitrogen gas in concentrations that displace oxygen.