As we have discussed before, Nitrogen (N2) Gas is NOT a toxic gas. It is an INERT gas. It has NO exposure limits, and in fact, 78% of every breath we take is N2. However, too much N2 will displace the Oxygen (O2) in the atmosphere, potentially creating a lethal atmosphere.
In March of 2016, a contractor, 32, was inspecting fire extinguishers at a steel plant. When he went into a pressurized elevator-control room, a pulse-cleaning system malfunctioned, the room filled with nitrogen, and the worker suffocated. His widow was awarded death benefits, which are two-thirds of the deceased worker’s average weekly pay, but capped at about $800 a week. She wanted more, arguing that her husband was killed by safety violations at the plant.
In a 6-1 decision, the Supreme Court found the company did not violate a specific safety requirement, which entitles injured workers to additional compensation. The company was accused of failing to provide the contractor with respiratory equipment when he needed to conduct safety checks in a pressurized, sealed control room.
The Ohio Industrial Commission concluded the rules in effect at the time of the 2016 accident required respiratory equipment when “toxic gases” were present. Because nitrogen is not considered a toxic gas, but rather is deadly in high concentrations, no rule violation occurred, the commission concluded.
The Tenth District Court of Appeals disagreed, concluding that Industrial Commission erroneously found that nitrogen is not an air contaminant because it is not “per se”’ toxic, and returned the case to the Industrial Commission to reconsider the case based on the Court’s ruling. In a per curiam opinion, a Supreme Court majority reversed the Tenth District’s decision and affirmed the commission’s denial of additional benefits to Ray’s widow, Sharmel Culver.
“There is evidence in the record that nitrogen is not ‘toxic’ and is not a ‘poison’ as those terms are commonly understood,” the per curiam opinion stated.