No fine for the death of the DPW worker, thanks to the weak protection at the workplace in Maryland

For a spokesman for the family of Ronald Silver II, the state's reaction seemed to be “a blow to the wrist” after his death at the workplace.

Last Friday, the government of Baltimore due to a single security violation – without financial punishment – seven months after Maryland Occupational Safety & Health (Mosh) began an investigation of the death of the sanitary angor after a shift he worked on the squeezing of August Heat.

The result was essentially through Maryland's failure to protect laws and guidelines for the protection of people in dangerous environments, including a thermal standard in the workplace that resembles the kind in California, Oregon, Minnesota and other states.

If the Heat Standard Maryland had finally come into force on August 2 in September, when silver died, Mosh would have a reason to burden Baltimore City and the Department of Public Works (DPW) with several violations.

“Baltimore would have been cited for every part of the standard that the city violated,” said Jordan Barab, who acted as deputy deputy secretary of the Federal Occupational Safety and Health Administration (OSHA) between 2009 and 2017.

But Maryland's workplace -heating standard, who prescribes specific protection at certain temperatures, came into force for eight weeks after The 36-year-old father of five children collapsed on the doorstep of a resident and begged for water.

This meant that Mosh was only able to quote Baltimore under the so -called general service clause in which only employers have to offer a safe job and is used if there is no standard.

Liberation of the public sector

Speak to The brewBarab pointed out another official hole in Maryland – the state law does not allow Mosh to issue public employers financial punishment.

“Most states ensure financial penalties when public employers are cited, but there are about half a dozen countries, including Maryland, who are not,” said Barab, who is now writing a newsletter about security and working questions at work.

If Baltimore DPW had been a private employer, the state violation in connection with Silvers death could have meant a fine of $ 16,000.

The legislation in Annapolis this year described the “Davis Martinez Public Employee Safety and Health Act” (House Bill 176/Senate Bill 26) in order to strengthen protection for the public sector.

Named after a slogan agent in Maryland who was killed at work in 2024, the legislation would add new security standards for government employees and enable a newly created security and health department for “public employees” to quote public employers that violate regulations.

If Baltimore DPW were a private employer, Silvers death could have led to a fine of $ 16,000.

At a hearing in front of a Senate committee at the beginning of this year, the unions of public employees spoke for the draft law and told threats and physical injuries that were suffered by their members, including teachers, bus drivers and employees.

A union leader who represents correction workers described dangerous working conditions, including mold, broken fire equipment, faulty safety radios and falling fences.

“There were several attacks by employees in whom the prison officers for other hospitals had lived for life,” said Tony Stiles, a prison officer of the Ministry for Public Security and Correction services.

Several witnesses not only cited silver, but also another worker from Baltimore DPW, Timothy Cartwell, who died at work last year after he had been hit by a garbage truck.

“These tragedies illustrate the poor consequences with which the employees are confronted if our laws do not blame the public employers for the security of their public staff,” says a statement that was presented in the name of Afscme Maryland Council 3 President Patrick Moran.

An incentive to follow yourself

Some witnesses rejected Davis Martinez's legislation, so that their reasons were mostly procedural.

The Maryland Municipal League (MML) argued that it would be difficult to meet the requirement of the legal template to send certain documents by e -mail to employees, since some have no e -mail.

“The employees are familiar with the search for information about the security at the workplace, which were published in clearly visible locations at the workplace in contrast to via e -mail,” says the MML declaration on the invoice.

Some of these reporting requirements “are superfluous about the existing requirements and could lead to confusion or non -compliance,” warned the explanation.

The office of the Attorney General Anthony Brown also criticized the draft law and warned that it may not be able to defend the public committee cited if it is charged for the operational measures of the Ministry of Labor.

This would be a conflict of interest and a burden, explained Brown's office.

“The presentation of both sides would put a strain on the resources of the OAG and require robust ethical screens, make the dissolution of disputes difficult and delay the enforcement or compliance,” said the agency.

The judiciary from Maryland also rejected the draft law and argued because it has its own guidelines for behavioral standards that deal with violence at work and other topics, is “unnecessary”.

The judiciary also asked that “given its current politics and its constitutional authority, it would be freed from managing its government branch separately”.

Bill supporters said that such concerns can be easily accommodated and that the value of strengthening the safety protection of the employee is worthwhile to be worth the navigation.

Barab, who testified for the legislation, praised his harder provisions, in particular the ability to hit public employers with fines.

“Of course it doesn't matter that someone is lost,” he said The brew. “However, the punishments are to ensure a certain deterrent to the billing of the corners for security and health. And in the Baltimore case, it would have been an additional incentive for DPW to comply with the law. “