BALTIMORE — Baltimore's Department of Public Works remains under tense scrutiny over unsafe and unsanitary working conditions.
In August an employee named Ronald Silver died on duty of heat exhaustion.
Silver's death followed a highly critical inspector general's report highlighting poor conditions faced by workers each day.
The report found DPW offices and vehicles often had little to no air conditioning, and a lack of available water, including in bathrooms which only ran hot water. This at times left workers ill, even to the point of passing out.
Outcry led Baltimore Mayor Brandon Scott to order anindependent reviewconducted by the Conn Maciel Carey group.
Their findings were released Thursday.
At the time of Silver's death the review determined DPW only had a draft version of a plan to prevent heat-related illness, but nothing official, which goes against Maryland Occupational Safety and Health Administration regulations published last month.
RELATED: Changes coming to protect Maryland workers from dangerous heat
One key issue uncovered was DPW had no clear point person responsible for ensuring worker safety, training, and compliance.
This meant no protocols were in place for heat related emergencies.
The only available resource was an emergency phone line which most workers were unaware of.
"CMC identified a lack of supervisory training, responsibility, and accountability as one of the common refrains that the firm reported hearing. Supervisors told CMC that they believed it was the responsibility of frontline workers to account for their own safety and security. This issue was compounded by a lack of leadership training, particularly for those individuals who had been promoted from within the ranks of DPW."
As result supervisors failed to enforce cool-down periods or breaks for employees.
This left many straining to quickly finish their work in hopes of shortening their shifts.
The report noted a history within DPW's workforce of heat-related illnesses like fainting, severe cramping, and vomiting.
It also reaffirmed the Inspector General's findings that DPW facilities and vehicles were not well-maintained, including with proper climate control.
WMAR-2 News previously reported how workers at some facilities were forced to ask for essentials such as toilet paper.
Employees reportedly expressed distrust of DPW management, and fear of retaliation if their safety concerns were raised.
"Several front-line waste collection employees expressed fear of retaliation for voicing concerns about workplace safety based on past experiences of retaliation for doing so," the report states. "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."
Based off their findings, Conn Maciel Carey made several policy recommendations moving forward.
The main one is finalizing the Heat Illness Prevention Plan, which is still in the works.
Conn Maciel Carey suggests DPW implement a stop-work trigger during portions of the day when heat indexes reach their highest point.
Other recommendations include better safety and wellness training, air conditioned work vehicles and facilities, enhanced emergency protocols, more accountability for supervisors and stricter rules against retaliation.
WMAR-2 News interviewed DPW Director Khalil Zaied, who took office in March.
We asked how the alleged culture of retaliation was allowed to exist for so long, unchecked.
"What we’re looking at right now is - what are we gonna need to do moving forward? The culture that existed before, we’re not gonna tolerate. So we’re gonna be holding everybody accountable to it, but before we hold anybody accountable, we’re gonna make sure that all the supervisors that have not gotten enough training, that the training is there.”
The family of Ronald Silver II called the report "heartbreaking."
Their attorney, Thiru Vignarajah, said it confirms Silver's death was fully preventable.
“So much of what’s in this report was chronicled or introduced in the report of the Inspector General just weeks and months earlier, and nothing was done. This is an agency that refused to listen to warning signs," Vignarajah said. "This is an agency that literally closed its eyes and shut its ears to a history of heat-related episodes until the death of Ronnie Silver. Suddenly, there was time on the clock for trainings. Suddenly there was room in the budget for outside audits and independent evaluations. It shouldn’t require a tragedy to do the right thing."
He added a wrongful death lawsuit could be forthcoming.
The union who represented Silver also reacted to the report with this statement.
“The report from the outside law firm validates what we have said since the death of Brother Silver, the City doesn’t have basic heat and emergency protocols," said Patrick Moran, President of AFSCME Maryland Council 3. "Furthermore, days after the tragedy we made clear demands that track with just about all the recommendations from the report. At what point is the City going to actually listen to its front line workers? We need leadership and we need resolution with us, across agencies, now.”
This report isn't the first and certainly won't be the last on the issue.
Inspector General Isabel Cumming plans to issue a final report with recommendations by the end of the year.
“We’ve been taking a deep dive into DPW. They [CMC] had the opportunity to interview about 30 people. We’ve interviewed over 200.”
Cumming did say DPW's made progress in recent months.
“There’s been a lot of changes in the administration. A lot of people are no longer with the city." And on the workplace culture specifically, she said, "It’s changing. It’s a tremendous feat to try to change the way people are, especially because this has been existing for probably the last 10 years. It’s human nature to say, ‘I put up with that. Why can’t you?’ But the world has changed, and we have to change with it."
Maryland's Occupational Safety and Health Administration (MOSH) is also conducting a separate investigation into Silver's death.
Mayor Brandon Scott issued a response to the report as well.
“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,” said Mayor Brandon Scott. “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.”
