The State of Maryland has cited Baltimore with a “serious violation” in connection with the death of sanitation worker Ronald Silver II last August, finding that Silver and his co-workers were made to work without proper protection when the heat index reached “approximately 108.6 F.”

“The employer 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,” said the citation notice, issued yesterday by Maryland Occupational Safety and Health (MOSH).

“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,” the citation notice said.

The high heat and humidity on the date of the violation, August 2, created conditions “that can cause heat-related injuries or illnesses such as muscle cramps, rashes, heat exhaustion, heat stroke, and death,” the notice continued.

MOSH defines a “serious violation” as one in which “there is a substantial probability that death or serious physical harm could result”

The notice was sent to the “Mayor and City Council” doing business as the Department of Public Works (DPW) Bureau of Solid Waste, and signed by Michael A. Penn, acting assistant commissioner of  Occupational Safety and Health at the Maryland Department of Labor.

The agency defines a “serious” violation as one in which “there is a substantial probability that death or serious physical harm could result, unless the employer did not know and could not know through the exercise of reasonable diligence the existence of the violation.”

The MOSH citation imposes no fine but requires the city to document, by March 17, that it has abated the hazardous conditions.

“One feasible and acceptable abatement method to correct the hazards is to develop and implement a comprehensive heat stress illness prevention and management program,” it said.

“This may include, but is not limited to heat stress training, environmental monitoring, acclimatization procedures, high heat procedures, access to drinking water and shade, an emergency response plan, supplemental personal protective equipment (PPE) and implementation of engineering and administrative controls.”

“Slap on the wrist”

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.

“It is encouraging to see DPW called out on their manifest violation of basic standards for worker conditions,” he said. “But at the same time, we are hopeful that MOSH will release the underlying documents spelling out what they found in their investigation to base this on.”

The administration of Mayor Brandon Scott has been under fire over the conditions endured by Solid Waste Bureau employees – since before Silver’s death.

Released three weeks before the tragedy amid triple-digit Code Red heat conditions, a report by Baltimore Inspector General Isabel Cumming documented high temperatures in workers’ buildings and trucks, malfunctioning air conditioners, lack of ice or cold water and more.

Subsequent visits by her office showed continued lack of cold water at Solid Waste Bureau yards and other hazardous and degrading conditions including: broken sinks, busted lockers, dilapidated restrooms, inoperable ice machines and a men’s room with no toilet paper, forcing employees to ask a supervisor for it when needed.

Since then workers, union leaders and lawmakers have decried the “toxic culture” at the Bureau of Solid Waste and Scott and DPW leaders have pledged an overhaul.

But a report Cumming’s office issued on Wednesday, after a month-long investigation, 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.

Even with this workplace culture, the IG report found that, in 2024, nearly 300 injuries were submitted for worker’s compensation. Among them were heat illness, lacerations, motor vehicle incidents, and slip and fall accidents.

City: “Evaluating Next Steps”

In a late Friday news release, DPW declined specific comment on the citation that MOSH issued, noting “at this time, we are carefully evaluating the details of the citation to determine next steps.”

The city has participated in the investigation and “taken significant steps to strengthen protections for our solid waste employees,” the release said.

It described DPW as still “finalizing a Heat Illness Prevention Plan.”

“We will continue to cooperate with MOSH as we review the citation and take any necessary steps to enhance our workplace safety standards,” the release said.

On Wednesday, ahead of the MOSH violation notice, DPW described these new measures, saying the improvements to its infrastructure, workplace culture, and operational processes would better safeguard the workforce.

Among them were new standards and protocols for extreme heat and extreme cold conditions, digital skills training, sessions addressing “retaliation and EEO” and more

More than $20 million was said to have been allocated in the city’s Capital Improvement Plan to upgrade Solid Waste Bureau facilities, including new locker rooms, bathrooms and break rooms.