Firefighters’ Union Sues New Jersey Over Coronavirus Protocols

A firefighters’ union in New Jersey is suing Atlantic City and the state over their first responder coronavirus outbreak protocols.

The International Association of Firefighters, along with the firefighters’ union Local 198 and the AFL-CIO, all claim that insufficient guidance from the city and a lack of proper testing have resulted in at least 65 of Atlantic City’s firefighters becoming infected with the coronavirus. 

The legal action on behalf of the firefighters’ union marks the latest in coronavirus outbreak-related litigation. 

The complaint, filed in Atlantic City Superior Court on Sept. 25, claims these infections were caused, in part, from overreliance on rapid testing. Furthermore, Atlantic City fails to follow Centers for Disease Control and New Jersey health department coronavirus outbreak guidelines, the plaintiffs said. 

At issue is how the city handled a group of infections found earlier in September. On Sept. 22, according to the lawsuit, three Atlantic City firefighters tested positive for the coronavirus. By Sept. 24, that number had doubled. 

These six firefighters exposed “at least one” additional firefighter who later tested positive, the lawsuit claims. 

The infections forced two firehouses to close, according to the Press of Atlantic City. 

The plaintiffs argue that the city cleared these firefighters after they took “rapid” coronavirus tests and directed them, “upon a negative result, return to work.” 

“This approach is in direct conflict with the guidance issued by the New Jersey Department of Health … and other Federal and State agencies,” the lawsuit states.

The plaintiffs point to research showing rapid tests are not effective if the person taking it was recently exposed. 

“A negative test result does not mean that an individual has not contracted COVID-19, because it may take 2-14 days for symptoms to develop,” the plaintiffs said. 

The lawsuit elaborates further, citing a study showing there’s a “100% probability of false-negative result on day 1 of infection, 67% rate of false negative on day 4.”

Local 198 union leaders say Atlantic City does not follow up these rapid tests with more reliable ones. 

“The Union is unaware of any further intent to test Exposed Individuals beyond the initial rapid test being performed before returning such individuals to work,” firefighters’ union Local 198 president John Varallo said. 

Plaintiffs claim this is “contrary” to state and federal coronavirus guidelines established by the CDC and New Jersey’s Department of Health, pointing to a required 14-day quarantine for anyone exposed to an infected person. 

The firefighters’ union claims that by using only these rapid tests to clear Atlantic City’s firefighters, the entire community is at risk. 

“Scientific research has revealed that there is a noteworthy risk of false-negative test results, and that such false-negatives are significantly more likely where individuals were tested within four days after infection.”

The firefighters’ union says one of the infected members was set to begin training for a new class of recruits, making the threat of infection worse. 

“One of the six positive test results includes a Firefighter who was going to be an instructor for next week’s new hire training, and has been in close contact with other individuals who will be instructing and/or attending such training,” according to the lawsuit. 

Despite this, Atlantic City officials never followed up with Atlantic City firefighters who were possibly infected. 

“ACFD [Atlantic City Fire Department] did not initiate contact with all Exposed Individuals, and certain Exposed Individuals reached out independently to obtain the rapid test,” Varallo said. 

The city has since “responded by outlining procedures currently in place but didn’t comment directly on the court filings,” an NBC affiliate in Philadelphia reports.

The lawsuit further alleges that Atlantic City firefighters were left in the dark concerning how to safely handle infections or exposures. Varallo claims his requests have been ignored. 

“I have requested that the City provide me with the protocols and procedures that the City would be following to respond to the multiple COVID-19 cases and widespread exposure among Firefighters. The City has not provided me with any such information.”

The firefighters’ union in the lawsuit describes one instance between shifts at a station. A company arriving at the firehouse on Sept. 25 had to wait outside until the prior shift, including an “exposed” firefighter, left the house. 

Those arriving firefighters were “instructed to clean the station immediately,” Varallo said. 

The firefighters’ union is suing Atlantic City and the state of New Jersey in this lawsuit for violating due process and equal protection under the state’s constitution and violation of the state’s Municipal Stabilization and Recovery Act in addition to a breach of contract.  

This reliance on these rapid tests and the lack of specific protocols for the firefighters’ union is “causing irreparable harm by jeopardizing the health and safety of firefighters, their families, and the general public,” the lawsuit alleges.  

The plaintiffs are seeking, among other things, an order to stop training new hires, specific guidance on how to handle coronavirus exposures, professional sanitizing of firehouses between shifts and paid leave for mandatory quarantines. 

Are you a first responder facing issues with coronavirus protocols? Let us know in the comments below.

Counsel representing the plaintiffs in the firefighters’ union lawsuit are Mark E. Belland, David F. Watkins Jr., Matthew B. Madsen of O’Brien Belland & Bushinsky LLC. 

The Firefighters’ Union Lawsuit is The International Association of Fire Fighters, et al. v. City of Atlantic City, et al., Case No. ATL-L-003193-20, in Atlantic County, New Jersey Superior Court.

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