In a controversial decision, the Ohio Supreme Court has ruled that nitrogen gas does not fall under the definition of being a poison.This is despite a finding in the case that a man died from excessive inhalation of the gas in his workplace.Kenneth Ray Jr. is alleged to have died on March 20, 2016 in an industrial accident when he was working in a sealed, pressurized room at a TimkenSteel plant (now known as Metallus) located just outside of Canton, Ohio. However, an air purifier is alleged to have malfunctioned, causing excessive amounts of the gas to permeate throughout the room. After his death, Ray's widow, Sharmel Culver, applied for benefits after her husband's death, but was denied them. Culver then took the case through the courts for several years, ultimately leading her up to the Ohio Supreme Court.In a 6-1 opinion released on Wednesday, the Ohio Supreme Court argued that Culver is not eligible for the benefits because the gas does not fall under the traditional definition of being a "poison" or "toxic" gas.The justices argued that because large amounts of nitrogen gas exist naturally in the air, the gas does not fall under the definition of hazardous gases that TimkenSteel is required under the law to give out benefits for.Justice Jennifer Bruner was the lone judge to decent, arguing that the facts were largely not in dispute that Ray died as a cause of excessive nitrogen inhalation, and that because it killed him, the gas should fall under the definition of a "poison."Nitrogen gas makes up approximately 78% of the Earth's atmosphere, according to the National Oceanic and Atmospheric Administration. Oxygen makes up approximately 21%. All other gases constitute the remaining 1%.However, amid a shortage of lethal injection drugs, nitrogen gas has become an increasingly common way for states to conduct executions of people on death row across the United States throughout the past year. Alabama became the first to legalize it as an option in 2024, before Oklahoma, Mississippi and Louisiana quickly followed suit.According to the U.S. Chemical Safety and Hazard Investigation Board, human deaths from nitrogen gas can occur from the gas's ability to displace oxygen in the air. However, there is enough abundantly-occurring oxygen in the air that displacement is rarely a concern with nitrogen gas outside of controlled settings.The entire decision from the Ohio Supreme Court can be read here.