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Law360 (September 28, 2020, 9:08 PM EDT ) The union representing Atlantic City, New Jersey, firefighters has filed a state court lawsuit alleging 65 members have been exposed to COVID-19 due to faulty pandemic safety precautions, leading to six positive cases among the department's ranks.
Firefighters who had contact with other department members who tested positive were directed to return to work as long as they tested negative, instead of being ordered to undergo a 14-day quarantine, according to the complaint filed Friday by the International Association of Fire Fighters, AFL-CIO, Local 198. The union claims that system violates the guidance handed down by state and federal health authorities.
The complaint says the alleged violation took place last week after the union learned that three members had the virus and others were given "rapid" virus tests. Now, more firefighters have the virus and others are showing signs of it, according to the union.
"Unsurprisingly, this ineffective approach has resulted in further spread of COVID-19, as three additional firefighters tested positive for COVID-19, and there are now approximately 65 exposed individuals, some of which have become symptomatic," the complaint said.
"In doing so, the city has jeopardized the health and safety of all firefighters, their families, and the general public," the complaint continued.
The union wants a court order that all firefighters exposed to the virus be placed on paid sick leave and ordered to undergo a mandatory 14-day quarantine, and that the department comply with cleaning requirements and other pandemic safety rules. The union is also seeking to postpone new hire training that was scheduled to begin Sept. 28.
The defendants are the city and the New Jersey Division of Local Government Services in the Department of Community Affairs.
In an email, Lisa Ryan of the DCA's communications office declined to comment specifically on the complaint, but pointed to Centers for Disease Control and Prevention guidance that critical workers be allowed to return to work if they test negative and aren't exhibiting symptoms.
Firefighters who do test positive are ordered to quarantine themselves for 14 days, according to Ryan, who said the city's fire department "quickly" adopted pandemic safety measures.
"They include taking temperature readings of on duty firefighters twice a day, social distancing and wearing masks in fire stations, eating in shifts, keeping sleeping bunks at least six feet apart, wearing full [personal protective equipment] on fire calls, doing daily cleaning regimens of equipment and fire stations, and conducting a heavy cleaning at least once a week," Ryan's email read in part.
City officials did not immediately respond to a message seeking comment.
The city's firefighters are spread across six stations, with about eight to 13 individuals working in close quarters during each 24-hour shift, according to the complaint.
The exposed individuals received rapid COVID-19 tests, according to the complaint. Those who received negative test results were instructed to return to work to complete their shifts, the union says.
Both the New Jersey Department of Health and the CDC advise individuals to enter a 14-day quarantine if they are exposed to the virus, the complaint says. Additionally, the state health department has said that negative test results don't ensure that individuals haven't contracted the virus, and that symptoms can take up to two weeks to materialize, the complaint says.
The union fears the contagious disease will spread to the firefighters' families and the community they serve, according to the complaint.
"The nature of firefighters' work requires them to come into close contact with the general public, including the elderly (potentially in nursing homes), high-risk individuals, and those who will need medical attention and/or hospitalization after suffering serious injuries," the complaint said.
The three-count complaint accuses the defendants of breaching the union's contract and alleges violations of the due process and equal protection clauses of New Jersey Constitution and of the state law limiting agencies' ability to modify union contracts.
A representative for the union did not immediately respond to a request for comment.
The union is represented by Mark E. Belland, Kevin D. Jarvis and David F. Watkins Jr. of O'Brien Belland & Bushinsky LLC.
Counsel information for the defendants was not available.
The case is International Association of Fire Fighters, AFL-CIO, Local 198 v. City of Atlantic City et. al., case no. ATL-L-003193-20, in the Superior Court of New Jersey in Atlantic County.
--Editing by Abbie Sarfo.
For a reprint of this article, please contact reprints@law360.com.
