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Steve Kherkher - September 14, 2026
A recent federal guilty plea involving a deadly 2021 explosion at an Ohio coatings and resin manufacturing facility is drawing renewed attention to the serious risks of workplace safety failures.
On Sept. 4, 2026, the U.S. Department of Justice (DOJ) announced that Yenkin Majestic Paint Corporation pleaded guilty in federal court to negligent endangerment. The pleading stems from an explosion at its Columbus facility in 2021, which resulted in one employee death and several serious injuries.
For the workers and families affected by an industrial accident, however, accountability is only part of the story. At Kherkher Garcia, we know that understanding how these accidents happen, and what options may be available to victims and families afterward, is important. Our workplace injury attorneys help victims and families understand their options, protect their rights, and pursue maximum recovery.
Yenkin Majestic Paint Corporation manufactured coatings and resins at its Columbus facility. This process involved heating ingredients in large steel vessels known as kettles.
According to the DOJ, the company installed a new manway, or access door, on top of Kettle 3 in December 2020. Reports say that the kettle had experienced several high-pressure spikes, but the newly installed manway was not pressure tested before the equipment was returned to service. The manway reportedly began leaking soon after installation, but the kettle continued to be used.
On April 8, 2021, the kettle was being used to produce resin when its agitator stopped. When the operator later turned it back on, the contents of the kettle vaporized and pressure spiked. The manway and gasket were unable to contain the pressure. Reports suggest that the gasket was made of silicone, and not the heat- and pressure-resistant Teflon that would be expected.
Hot resin and flammable solvent vapor escaped into the plant. Gas detectors detected increasing concentrations of flammable vapors, but the detectors were not set up to issue an audible alarm. Just after midnight, the vapors encountered an ignition source and caused a massive explosion. One employee was killed, several others were seriously injured, and the plant and nearby structures sustained damage.
The investigation involved the Environmental Protection Agency’s (EPA) Criminal Investigation Division, the Ohio Attorney General’s Bureau of Criminal Investigation, Ohio EPA, and the Occupational Safety and Health Administration (OSHA).
The Ohio explosion illustrates one scenario where an industrial accident develops through a series of events. This type of event can happen at workplaces involving:
When multiple safety systems are involved, a problem with one piece of equipment can lead to hazards in other areas.
OSHA’s Process Safety Management standard is designed to help prevent or minimize the consequences of catastrophic chemical releases. The standard addresses areas including:
That does not mean every industrial accident involves an OSHA violation. It also does not mean that regulatory compliance determines whether victims may have civil claims. But safety requirements, records, and operating procedures can become important evidence when investigators are trying to understand the circumstances surrounding a serious incident.
Some of the most important questions after a serious industrial incident are related to what happened before the incident occurred. Investigators and attorneys may examine whether there were earlier warning signs involving the equipment or process. Depending on the circumstances, that could include:
In the Yenkin case, the DOJ specifically pointed to the history involving Kettle 3, including pressure spikes, the untested manway, and the leak that developed after installation.
For victims, these details matter. The cause of an incident is not always obvious in the immediate aftermath of a workplace explosion.
The legal options available after a workplace accident depend heavily on the circumstances, including:
In Texas, for example, employers generally are not required to subscribe to workers’ compensation insurance. These employers are called non-subscribers. Employers that do carry coverage may be protected by the workers’ compensation system, subject to limited exceptions. A non-subscriber employer may be subject to personal injury lawsuits from injured employees, or wrongful death claims from families.
It is important to note that a workplace accident can involve more than an injured worker’s employer. Third parties can potentially be liable, such as:
Depending on the facts, an injured worker or the family of a deceased worker may have potential claims involving one or more third parties.
The Yenkin case also highlights an important distinction. The company’s federal guilty plea is a criminal matter. It does not automatically determine whether an injured worker or family member can recover compensation in a civil lawsuit. It also does not resolve every question about who may be legally responsible for an injury.
Civil claims and criminal proceedings serve different purposes:
Evidence developed during a government investigation may nevertheless be important in understanding an accident. This evidence can then be helpful in proving negligence in a civil lawsuit.
At Kherkher Garcia, we represent workers and families affected by serious workplace incidents, including industrial explosions, fires, chemical releases, oil and gas accidents, and other catastrophic incidents.
Our team understands that these cases involve much more than the immediate injury. They require examining evidence and the actions of multiple companies. Investigating these issues can help determine whether parties beyond an employer may have legal responsibility for the damages suffered.
For families who have lost someone in a workplace incident, we also understand that pursuing a legal claim is about more than financial recovery. It is about seeking accountability and helping ensure that grieving families obtain justice.
If you or someone you love has been seriously injured in an industrial accident, some practical steps may help protect important information and your rights. Here are our recommendations:
Because deadlines and legal rights vary based on the type of claim and the circumstances, injured workers and families may benefit from learning about their options promptly.
Possibly. The available legal options depend on factors such as the employer’s workers’ compensation status, whether another company or party may have contributed to the explosion, and the circumstances of the injury.
Not necessarily. In Texas, workers’ compensation generally serves as an injured employee’s exclusive remedy against a subscribing employer, but certain exceptions and potential claims against third parties may apply. Non-subscriber employers are treated differently under Texas law.
An equipment manufacturer or another third party may potentially be responsible depending on the facts and an investigation.
Potentially. Depending on the circumstances and applicable law, eligible family members may have wrongful death or other claims following a fatal workplace accident.
The deadline depends on the type of claim and the applicable law. Waiting too long could affect a person’s legal rights, so understanding the applicable deadlines can be important.
For injured workers and families, the questions do not end when an explosion investigation begins. At Kherkher Garcia LLP, we help injured workers and families navigate those difficult questions after serious workplace accidents. We have helped numerous victims and families recover compensation to help them heal and move forward.
If you or a loved one has been affected by a plant explosion, chemical release, refinery or plant accident, or another serious workplace injury, contact Kherkher Garcia for a free consultation. Our team will listen to what happened and help you understand the legal options that may be available. Start your consultation now by calling 713-333-1030, or by submitting our website contact form.
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Steve Kherkher is passionate about serving his clients. He has dedicated his life to championing the rights of those who have experienced catastrophic injury due to negligence.
Steve Kherkher, along with Trial Lawyer Jesus Garcia, founded Kherkher Garcia, and under their leadership, the firm achieved unprecedented success within its first three years.
With a career spanning over 35 years, Steve’s tireless pursuit of justice for his clients has earned him national recognition and numerous accolades as an exemplary trial attorney.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorneys Steve Kherkher and Jesus Garcia Jr., who have more than 50 years of combined legal experience championing the rights of those who have experienced catastrophic injury due to negligence.
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