Kingston Fact Check

There have been numerous articles in the Knoxville News Sentinel that misrepresent what has occurred in the litigation to date.  The main reporter covering the case is a de facto member of the plaintiffs’ legal team, and an advocate for the plaintiffs; however, she does not disclose that fact in any of her reporting.  She was not a neutral observer of the trial by any stretch, and the Knoxville News Sentinel has published corrections to her stories.

Jacobs seeks to set the record straight, especially as to five of the most serious misstatements.

1. No one from Jacobs admitted at trial that they lied to Kingston Site workers.
   
   The Knoxville News Sentinel has since corrected its reporting and deleted the grossly inaccurate statement that anyone admitted to lying to workers. The original report may have been based on the false narrative of the lawyers representing the plaintiffs, who claim that a Jacobs employee lied about the safety of eating a pound of fly ash a day. The Jacobs employee testified that he was trying to communicate to workers “what the arsenic levels in the fly ash were,” with this illustration and “not that they should go eat a pound of fly ash a day.”
2. There were numerous protective measures in place at the Kingston Site that ensured worker safety.
   
   The Knoxville News Sentinel has also corrected its statement about the protective measures in place for workers. It was undisputed at trial that there were numerous safety measures implemented at the Kingston Site, as required under the site safety plan that was approved by Environmental Protection Agency and Tennessee Valley Authority.  Workers were permitted to wear respirator protection on a voluntary basis in accordance with the site safety plan.  And Jacobs is proud of its work assisting the TVA in managing the cleanup of the Site, including its role in protecting the safety of all those involved.
3. The Phase I trial did not address whether the plaintiffs’ alleged injuries were caused by Jacobs’ conduct (or something else).
   
   The Knoxville News Sentinel has also corrected its misreporting on what was decided at the trial last fall.  All the jury determined in that first phase of trial was that the alleged actions by Jacobs were “capable of causing” certain types of “injuries and illnesses,” not that they actually did cause those injuries and illnesses. Indeed, the plaintiffs in the Phase I trial were not required to present any proof regarding their alleged injuries. Whether Jacobs actually caused the plaintiffs’ injuries will be for a future jury to determine, assuming the erroneous verdict from the first part of the proceedings is not overturned.
   
   In short, none of the workers have proved that they were injured, much less that such injuries were caused by Jacobs. Jacobs believes the evidence will show that the injuries at issue were not caused by exposure to the fly ash at the Kingston Site.
4. The so-called “secret video” shows a routine cleaning.
   
   Though some reports have referred to a secret video produced by the plaintiffs as evidence that supports their claims, a representative from the company that manufacturers the air monitors rejected that claim and testified under oath that Jacobs handled the equipment properly.  Specifically, he testified that it is the approved procedure and standard for the technician to unscrew and clean out the “grit pot” of the air monitoring device as seen on video because the particles deposited in the grit pot are “not of any interest.”
5. Jacobs is an industry leader when it comes to safe performance of work.
   
   Numerous articles have also questioned Jacobs’ safety track record. Yet Jacobs has been repeatedly recognized for its industry-leading position in safety performance. The Occupational Safety and Health Administration (OSHA) recognizes Jacobs for excellence in worker safety and health as a Voluntary Protection Program corporate participant.  Jacobs is one of five corporations to hold this recognition.
   
   Jacobs total recordable injury rate of 0.18 per 200,000 hours worked is below the most recently reported aggregate rate of 3.1 for the industry.Below graphic denotes Jacobs’ safety record in comparison to the national average.