Investigation finds fear of retaliation, lack of safety protocols following Baltimore DPW worker's heat-related death
BALTIMORE -- An outside law firm reviewing the heat safety policies of Baltimore City's Department of Public Works following the death of an employee found staff feared retaliation for raising concerns, vehicles were improperly maintained and DPW lacked procedures to keep employees safe and respond in an emergency.
The city hired Washington, D.C.-based law firm Conn Maciel Carey to conduct an independent investigation following the death of sanitation worker Ronald Silver, II. Silver was a father of five who collapsed on a resident's porch after begging for water during his shift on August 2nd.
The temperature rose to 99 degrees Fahrenheit that afternoon with high humidity.
WJZ previously reported an autopsy confirmed Silver died from the high temperatures.
His family has demanded answers and accountability from the city and even hired their own private investigator.
Silver's mother Faith Johnson said Thursday she was "heartbroken."
Her attorney Thiru Vignarajah noted the report does not provide any details about what exactly happened the day Silver died.
"It is impossible for this family to heal while they remain in the dark about what happened that day. We have learned a fraction of what we believe is out there, and even what we know breaks your heart," Vignarajah said at a news conference outside City Hall. "This death was as horrific and tragic as it was avoidable and preventable."
He said the family has yet to decide whether to file a lawsuit against Baltimore City.
"This certainly heightens the likelihood that a lawsuit may be needed to bring a measure of justice to the family," Vignarajah said.
Major Findings
The independent review uncovered many concerns:
•Baltimore City lacked a formal heat safety program
•There were insufficient protocols in the event of an emergency
•There was Inadequate training for employees and supervisors on heat safety
•Supervisors were not held accountable
•Vehicles were not properly maintained
•Employees feared retaliation if they spoke about their concerns
•Workloads were unbalanced and routes were irregularly audited
Baltimore City Takes Action
The city has taken several steps to correct the problems:
•Increasing training for workers and supervisors
•Creating a division to handle safety concerns and protocols
•Replacing vehicles and taking older vehicles without air conditioning out of service
•Creating ways to anonymously and confidentially report safety concerns
•Mandating regular vehicle inspections
Report Details Past Failures
The CMC investigation "revealed a history of heat-related medical emergencies among the solid waste collectors, such as fainting, severe cramping, vomiting, and more severe physical responses, with an inadequate agency response from DPW."
The report stated, "According to various DPW supervisory and non-supervisory employees, little or no action has been taken to address these issues or be sure employees are adequately protected from heat illness hazards, thus fueling a deep skepticism and distrust by frontline workers about the city's ability and willingness to address their safety concerns."
A Broken Culture
It detailed a troubling culture within the Department of Public Works where employees were scared to come forward.
"These employees pointed to past incidents where complaining employees were subjected to more onerous working conditions, assigned demeaning work tasks, and/or denied certain benefits such as overtime assignments," the report stated.
Some supervisors expressed concerns about physical and verbal threats if they confronted workers or forced them to take breaks. However, the report criticized the "hands-off approach" of many supervisors.
"They consistently express that the key to heat safety is employee self-awareness and self-care," the report noted.
According to a memo from the deputy mayor, "CMC learned that front line employees feel excluded, skeptical, and distrustful of management, and fearful of retaliation for raising safety concerns. According to both supervisory and frontline workers, DPW has not taken action to address safety and security issues that have been raised in the past to ensure that employees are protected from heat illness. Additionally, employees expressed skepticism that DPW will take adequate measures to improve heat safety in the future."
The mayor has pledged more than $8 million to improve the Reedbird facility and more than $2 million for Bowleys Lane.
The city also said they will procure 152 new vehicles.
State Investigation
Maryland's Occupational Safety and Health Administration (MOSH) is conducting its own investigation into Silver's death. The city said it is providing information to the agency.
MOSH guidelines require the city provide DPW workers with 32 ounces of water every hour when temperatures rise above 80 degrees Fahrenheit and require regular breaks for workers when temperatures rise above 90 degrees Fahrenheit.
Mayor Responds
"The release of this independent review marks an important inflection point in our effort to enhance workplace safety for all of Baltimore's frontline workers," Mayor Brandon Scott said in a statement Thursday. "Many of the recommendations that are outlined in this report go beyond requirements under state or federal law. We will continue to work with all of the relevant stakeholders, including union leadership, partners on the City Council, and with workers themselves to ensure that the City of Baltimore is doing everything in our power to improve worker safety for those who do the hardest, most thankless jobs on behalf of all Baltimoreans. Our hearts continue to be with the family and loved ones of Mr. Ronald Silver. It is my hope that they continue to advocate on behalf of the coworkers that Mr. Silver left behind, as we work together to overcome the historic challenges facing them on the job every day."
Inspector General Flagged Unsafe Conditions
Silver's death happened weeks after WJZ highlighted the inspector general's investigation detailing unsafe working conditions at DPW—including a lack of ice and water for employees in the extreme heat.
"It violates human standards. The people who choose to work here in Baltimore deserve better," Baltimore City's Inspector General Isabel Cumming told WJZ Investigator Mike Hellgren in early July.
"This is a huge wake up call," Cumming warned. "Let's just fix it."
Cumming's investigation remains open, and the city said they will work to incorporate any further recommendations from her office.
She expects it to be completed by December.
"This independent investigation confirmed everything the office has been saying and everything the office will say and more. I think the seriousness of it will play an impact on Baltimore in the future," Cumming told WJZ Thursday. "I think the passing of Mr. Silver was a tremendous tragedy for Baltimore. I think that Mr. Silver's legacy will be that he changed the culture."
The Silver family's attorney previously noted there was no heat-related safety training until after Silver's death.
"We treat animals better than this in the heat of summer. Ronald Silver deserved better," Thiru Vignarajah said in August.
"A man who needlessly died on the streets of Baltimore begging for water after picking up people's trash in 100-degree weather—[his family wants] him to be the catalyst for change. They want him to be the reason this never happens again," Vignarajah said.
