City of Baltimore Releases Independent Review Findings on DPW Heat Safety Practices

Agency Continues Efforts to Take Corrective Actions, Improve Overall Safety Practices

BALTIMORE, MD (Thursday, October 24, 2024) - Today, Mayor Brandon M. Scott and Khalil Zaied, Director of the Department of Public Works ("DPW"), released the findings of an independent review conducted by Conn Maciel Carey LLP ("CMC"), a Washington, D.C.-based law firm, which was tasked with evaluating the heat safety policies, practices and operations of DPW's Bureau of Solid Waste. The findings from this review will support the Department's efforts to develop a comprehensive occupational health and safety program to protect DPW employees.

In August, Mayor Scott and Director Zaied engaged CMC to conduct a thorough review of DPW's heat safety policies and procedures. The independent review identified gaps in the heat safety protocols that protect workers in the Bureau of Solid Waste.

"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 M. 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."

"We are committed to protecting our frontline workers," said DPW Director Khalil Zaied. "The department has conducted a line-by-line review of the firm's findings and is taking immediate corrective actions where feasible. Additionally, we have drafted new Standard Operating Procedures (SOPs) for heat-related safety and are evaluating and improving our processes, protocols, and working conditions. These changes represent the first step toward improving our workplace safety culture."

The City invited key stakeholders to meet with the firm conducting the workplace safety review, and, following receipt of the recommendations, briefed members of the Baltimore City Council and the City's labor partners on the findings. In addition, DPW leaders have informed the family of Ronald Silver II, a dedicated Bureau of Solid Waste crew member who passed away, that the independent review has been completed and findings would be shared publicly.

Prior to receiving the firm's findings, DPW had begun taking corrective actions to safeguard its sanitation workforce in response to findings from Baltimore's Office of the Inspector General. In addition to a memorandum outlining the City's efforts, the document includes the complete independent review from CMC and the City's draft Heat Illness Prevention Plan (HIPP), which DPW began drafting before the tragic death of Mr. Silver in August 2024.

As of September 30, 2024, the Maryland Occupational Safety and Health Administration ("MOSH") now requires employers to implement their own heat safety plans, which will be fulfilled by the draft HIPP once fully implemented.

The full report from the City of Baltimore can be found here.

Independent Review Key Findings

The report identified deficiencies in DPW's heat safety practices and operations:

• No Formal Heat-Related Safety Program: DPW lacked a structured program to manage heat risks.
• Insufficient Emergency Protocols: Clear response procedures for heat-related illnesses were absent.
• Inadequate Training: Employees received minimal training on heat-related safety.
• Supervisory Accountability: Supervisors were not sufficiently trained or held accountable for ensuring safety during extreme heat.
• Vehicle Maintenance Gaps: Employees reported that older trucks without functioning air conditioning may have still been on the yard to be used as backup trucks, posing additional risks.
• Employee Distrust and Fear of Retaliation: Employees reported feeling excluded, skeptical, and distrustful of management. Many expressed fears of retaliation for raising safety concerns.
• Irregular Route Audits: Solid Waste trash pickup route audits had not been conducted routinely, potentially leading to unbalanced workloads for employees in extreme weather conditions.

DPW's Response and Proactive Actions

DPW has proactively implemented key measures to address several of the deficiencies outlined in the independent review:

• Heat Safety Programs: DPW submitted a draft Heat Illness Prevention Plan ("HIPP") for heat-related safety, including mandatory cool-down breaks and emergency response protocols to Maryland Occupational Safety and Health ("MOSH") for review.
• Emergency/Accident Protocols Training: Comprehensive training on accident procedures, in partnership with the City's Bureau of Risk Management, will begin in November 2024 to guide employees and supervisors on emergency steps and communication with Control One, the City's internal dispatch for emergencies.
• Organizational Change: DPW plans to consolidate all safety-related roles into one division to improve coordination and accountability, with the reorganization underway.
• Supervisor and Employee heat related training: In July 2024, supervisors were trained on heat safety protocols, followed by heat illness training for routine services employees in August.
• Supervisory training: Comprehensive management training is offered to supervisory staff through the "Accountability in the Workplace" training. Mandatory "Workplace Connection" and "Having Crucial Conversations" training for Solid Waste supervisors will take place on October 21, and 28, 2024. Leadership cohort training will follow in early 2025.
• Vehicle Upgrades and Daily Inspections: Older trash trucks ("loadpackers") without functioning air conditioning have been removed from service. Supervisors now conduct regular safety inspections of all vehicles to ensure trucks in use have working AC and other safety measures.
• Route Audits and Workload Adjustments: In 2022, DPW partnered with Rubicon, a fleet management technology provider, to shorten recycling routes based on workload audits. The agency will evaluate employee workloads across solid waste collection routes to ensure efficiency and safety.
• Alleviate fear of retaliation: DPW is committed to ensuring there are confidential channels to raise workplace issues without fear of retaliation. This tipline is a component of DPW's broader effort to create a transparent and supportive environment where employees feel empowered to voice their concerns without fear of retaliation. Employees can now report their concerns anonymously through the following methods:
  • Email: [email protected]
  • Phone: 410-396-1124

Next Steps for Safety

The City is committed to finalizing its HIPP, providing improved training for all employees and supervisors, and establishing comprehensive emergency response protocols. The Administration will continue to meet with DPW workers, labor leaders, and other external stakeholders to review these recommendations before formal adoption and implementation. This group will consider the proposed recommendations, and supplement with potential additional recommendations for implementation ahead of summer 2025.

Updates to the public on implementation progress will continue, as the City remains dedicated to ensuring City workers remain safe and healthy on the job.

The full independent review by Conn Maciel Carey and the City's memorandum is available online here.

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