Airgas in Oakland

By Cecilia Levine From Daily Voice

Five New Jersey employees say they were gassed by their own employer while picketing at an industrial facility, twice in two states, according to a lawsuit filed in Bergen County Superior Court this week.

The plaintiffs, all employees of Airgas USA, LLC and members of Local 701 of the International Brotherhood of Teamsters (IBT), allege in court papers filed Wednesday, Aug. 6, that they were “engaged in lawful and peaceful picketing activity” outside Airgas locations in Oakland, NJ and Peoria, IL in July when they were engulfed by an unknown chemical plume.

The lawsuit names defendants “John Doe” and “Bob Roe” workers, as well as Airgas and its contractors. All are accused of unleashing dense white clouds of hazardous gases that allegedly made “physical contact with the bodies” of the plaintiffs.

“The gases... were ingested and inhaled by Plaintiff Employees,” the suit says, alleging the release caused “harmful physical effects” and “psychological alarm and mental distress.”

An Airgas spokesperson released the following statement to Daily Voice:

We are unable to comment on pending litigation. Regarding the Teamster’s publication of alleged incidents in Oakland, NJ and Peoria, IL, standard industrial and medical gas industry processes involve the regular venting of atmospheric gases, gases common in the air we breathe, which can cause a visible water vapor cloud to form due to rapid cooling of humid air. Nothing is more important to us than the safety of our people and communities, and any suggestion that we would intentionally cause harm is ill informed and reckless.

The Incidents

On July 8, workers Mario Aquije, Jabari Thompson, and Jefferson Barragan were picketing outside the Airgas facility at 5 Ironhorse Road in Oakland, the complaint says. During that protest, gases were allegedly released either by Airgas employees or vendors, covering the picket area and adjacent public roadway, according to the suit.

Two days later, on July 10, Travis Cox and John Shane Reyes say they were protesting at Airgas’ Peoria, Illinois, facility when they experienced a similar exposure, according to court papers.

In both cases, the plaintiffs claim they were “engulfed, surrounded, and blanketed” by hazardous substances and were never warned, despite being visibly present on site, the suit reads. The suit accuses Airgas of both negligent and intentional misconduct.

Legal Claims

The four-complaint, filed by Cohen, Leder, Montalbano & Connaughton, includes charges of:

  • Negligent battery
  • Intentional tort
  • General negligence
  • Strict liability for abnormally dangerous activities

The plaintiffs are seeking unspecified damages for medical expenses, pain and suffering, emotional distress, and other losses.

The complaint (paragraphs 51 and 52) says the gases involved were industrial and medical gases with the potential for “great harm” and accuses Airgas of failing to follow its own safety protocols.