Baltimore DPW Cited For Heat Death, But No Penalty

Maryland OSHA (MOSH) cited the Baltimore Department of Public Works (DPW) with a “serious violation” last week in connection with the heat-related death of sanitation worker Ronald Silver II on August 2, 2024.

MOSH found that DPW “did not furnish employment and a place of employment which were free from recognized hazards that were causing or likely to cause death or serious physical harm to employees in that employees were exposed to excessive heat.”

Employees collecting household trash were routinely exposed to excessive heat and humidity when picking up and tossing bags into garbage collection trucks, pulling bins from the curb to garbage collection trucks, placing bins onto automatic tippers or manually emptying bins.

On the date of the violation, employees were working in direct sunlight where the calculated Heat Index reached 108 degrees Fahrenheit, conditions that can cause heat related injuries or illnesses such as muscle cramps, rashes, heat exhaustion, heat stroke, and death.

Because Silver died before MOSH issued its heat standard the following month, the citation was issued under MOSH’s General Duty Clause. The General Duty Clause simply requires employers to provide a safe workplace and is used when there is no existing standard.  Had the Maryland heat standard been in effect when Silver died, there would likely have been multiple violations of different requirements of the standard.

A Citation Without Teeth

What was the penalty for the death of Ron Silver?

$0.00

Why? Because Maryland is one of the few states that provide OSHA coverage to public employees, but assess no fines.

The penalty for the death of Ron Silver? Zero dollars.

Now maybe I shouldn’t complain. I rant and rave frequently about the 23 states that provide no OSHA coverage for public employees. At least Maryland covers public employees. Public employees in Maryland have the legal right to come home alive and healthy at the end of the work shift. If a public employee, like Ronald Silver, dies, or is injured, or a worker files a complaint, there will be a MOSH inspection and an investigation. And maybe even a citation.

But even though the Occupational Safety and Health Act requires states that establish their own OSHA programs (like Maryland) to cover public employees and to run programs that are “at least as effective as” the federal program, federal OSHA does not require those states to issue financial penalties for violations — even in the case of the death of a public employee.

Silver’s family was not impressed, according to their lawyer quoted in the Baltimore Brew.

Speaking on behalf of the family of Ronald Silver II – who collapsed on a resident’s doorstep begging for water after a day on the job and later died – attorney Thiru Vignarajah said the MOSH citation was validating but also underwhelming.

“It is a little disappointing,” Vignarajah said, speaking with The Brew. “The violation feels a little like a slap on the wrist with no meaningful punishment, just a vague call to fix it.”

“This notice of violation confirms what the family and the public, frankly, have known for months,” Vignarajah said.

DPW issued a statement after the citation was issued, stating that they are “dedicated to ongoing improvements and accountability” and “acknowledging” the citation. They noted that they are

finalizing a Heat Illness Prevention Plan to ensure that all employees working in high-temperature conditions have the necessary protections, training, and resources to stay safe. Our commitment remains steadfast: to provide a work environment that prioritizes the health and safety of every DPW employee. We will continue to cooperate with MOSH as we review the citation and take any necessary steps to enhance our workplace safety standards.

When Will Maryland Get Serious?

When will Maryland get serious about the health and safety of its public employees? Soon, if all goes well in the Maryland state legislature

The Davis Martinez Public Employee Safety and Health Act, introduced in the Maryland State Assembly and Senate (House Bill 176 and Senate Bill 26A), would require MOSH to establish a separate public employee division, issue a workplace violence standard covering public employees, and allow MOSH to issue financial penalties for violations of MOSH standards.

Davis Martinez, after whom the bill is named,  was a Maryland parole agent who was killed last year by a registered sex offender he was monitoring. 

Davis Martinez, after whom the bill is named, was a Maryland parole officer who was killed last year by a registered sex offender he was monitoring.  MOSH cited the Department of Public Safety and Correctional Services and required the Department to issue a written Workplace Violence Prevention Program. Again, no penalty.

Hearings have been held in the state Assembly and Senate. The National Council for Occupational Safety and Health is supporting the bill as are unions such as AFSCME, the Baltimore Teachers Union, the Maryland State Education Association, the Amalgamated Transit Union and SEIU. There has been little organized opposition to the legislation, although the Maryland Municipal League and Maryland Association of Counties requested some language modifications that would not impact the core measures of the bill. The Maryland Judiciary opposed the bill because its employees work in environments over which the employer has little control, such as peoples’ homes. (Note: Martinez was killed in one of his client’s homes.)

AFSCME and other unions involved in the effort predict that the bill will become law this session.

DPW’s Hazardous Working Conditions

Ronald Silver’s death came only weeks after a union representing Baltimore workers issued a report, “Unsafe & Unprotected: How Baltimore is Failing to Protect Worker Safety & Health,” which detailed safety and health hazards that Baltimore employees face each day on the job. According to the report.

Baltimore City has taken little care or consideration for the health and safety of its workers. In the last 10 years, MOSH has issued 336 violations during 95 inspections within the city of Baltimore, most of which were initiated through complaints. Even more alarming, there have been four fatalities and six reported serious injuries and incidents. Unfortunately, workers are dying on the job and the problem within Baltimore is a lack of proactivity to prevent these incidents. Furthermore, workers have expressed a vital need for better training programs, distribution of tools, personal protection equipment, and appropriate equipment for their jobs.

The report documented

• exposed wiring, absence of sprinklers, trenches with no trench boxes and numerous other conditions that have caused employee injuries and health concerns:
• Water meter readers required to climb into deep confined spaces without respirators or safety harnesses.
• City health clinics befouled with mold and peeling lead paint.
• A highway maintenance yard whose collapsing, asbestos-riddled ceiling was above a pest-infested work space.

After receiving reports earlier this year that the DPW did not provide adequate water, ice, and fans to DPW employees, the Baltimore Office of Inspector General inspected a number of DPW facilities issued a report. The OIG report identified multiple unsafe and unsanitary conditions. Workers were not consistently provided with coolers or Gatorade and air conditioning units at the facilities often didn’t work.

Conditions are apparently improving. The IG’s office issued a report last week that

showed that although some progress has been made serious problems remain. Workers told her office they were still being made to feel they would be disciplined for reporting an injury and were routinely pressured to “work through” injuries or health conditions.

Penalized for reporting an injury the day after it happened, some workers felt discouraged from reporting injuries at all.

Following the most recent report, the City of Baltimore issued a statement noting that the city had “allocated over $20 million for essential upgrades at the Bureau of Solid Waste facilities.”

The Baltimore City Department of Public Works (DPW) has implemented major reforms to tackle systemic challenges, marking significant advancements in the operations of its Bureau of Solid Waste (BSW). Recognizing that employee safety is the foundation of its success, DPW conducted a comprehensive assessment of key factors—including workplace culture, safety standards, infrastructure, and training—leading to the development of a targeted action plan. With clear progress underway, DPW is sharing key updates with the public, demonstrating that its strategic approach is yielding tangible results.

Conclusion

Maryland’s recent issuance of a heat standard, and the expected passage of the David Martinez bill will hopefully improve protection of all Maryland employees — especially the public employees that do the important and dangerous work of making the state a pleasant place to live.  In these days of federal hostility toward basic worker protections, it’s nice to see states like Maryland moving forward, rather than backwards.

On the other side of the ledger, we see states like Kentucky poised to pass a bill that will weaken the health and safety protections of its employees which could signal a race to the bottom if federal OSHA doesn’t step in to stop them. More on that later.