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Baltimore City Council members question DPW officials about conditions after worker's workplace death – Baltimore Sun

The Baltimore City Council questioned city public works officials Wednesday about workplace safety concerns that culminated in the death of a garbage collector on the job earlier this month.

In a committee hearing that quickly became heated, council members questioned the authority about the condition of its facilities and the city's response to the death of Ronald Silver II, a 36-year-old employee who died during a shift on Aug. 2. Silver, who had worked for the authority for less than a year, succumbed to the heat on that 90-degree day, collapsing on the porch of a city resident he had begged for water.

Silver's death was emblematic of the larger problems that Inspector General Isabel Mercedes Cumming has denounced within the agency. Cumming released a report in July detailing that the DPW's Cherry Hill facility, where Silver was stationed, lacked provisions to keep workers cool. She cited broken ice machines, a cold water faucet that was pouring hot water, and a non-functioning air conditioning unit in the locker room.

A follow-up report released shortly before Silver's death found similar problems at other DPW facilities. The reports noted that many of the city trucks that workers rode in did not have air conditioning. In some cases, supplies such as Gatorade and toilet paper for employees were stored behind locked doors.

“We shouldn't be sitting here because someone died,” said City Councilman Robert Stokes, who argued that conditions at DPW have been going on for years. “We should be ashamed.”

Council members Zeke Cohen, Isaac “Yitzy” Schleifer and Antonio Glover called for the hearing just days after Silver's death, demanding at the time that the city increase DPW staffing levels and hire an investigator in the Office of the Inspector General, which oversees the agency. At a member press conference, representatives of the American Federation of State, County and Municipal Employees (AFSCME), which represents DPW workers, said the department has a toxic culture that allows bullying and harassment by superiors. Mayor Brandon Scott later acknowledged that such a culture is lacking within the agency.

Councilwoman Odette Ramos asked who within the department told supervisors to keep Gatorade and water behind locked doors. This practice has been observed at more than one facility, she said.

“Why were the supervisors told, 'We're going to give you Gatorade and water. You have to keep it under lock and key'?” Ramos asked. “To me, that means we know we have to do this, but we don't really want to help you.”

DPW Director Khalil Zaied pointed to deficiencies in the company's culture, saying additional training needs to be provided at all levels of the agency.

“We will hold them accountable,” he said. “I will hold my management accountable. We have to hold our superiors accountable.”

Baltimore police initially responded to the incident and the Maryland Occupational Safety and Health Administration is investigating Silver's death. Scott's office also launched an investigation into the death and hired the law firm Conn Maciel Carey to prepare a report on workplace safety at DPW in light of the death. Union leaders as well as former Occupational Safety and Health Administration officials have raised concerns about the selection of the firm because of its history of representing employers in their efforts to weaken OSHA regulations. One AFSCME leader compared the firm to the fox guarding the henhouse.

City Council members expressed anger Thursday over the selection of the firm. Glover, who worked at DPW before serving on the council, wanted to know who selected the firm and why. Stephen Salsbury, assistant attorney, said the firm was chosen because of its experience with workplace safety. He stressed that the group would make recommendations but that the city would not have to follow them. Glover continued to press who selected the firm. Salsbury said it was him.

Glover asked why the city did not appoint a committee of executive officials to conduct the investigation.

“We are the experts. We tell you what we want. It feels like we are falling on deaf ears,” Glover said. A large crowd of DPW employees and union representatives in the council chamber applauded.

Silver's family, represented by former mayoral candidate Thiru Vignarajah, has also questioned the city's choice of Cann Maciel to conduct the investigation. Family members and Vignarajah held a press conference Thursday morning where they questioned why the city chose to hire outside legal counsel to prepare the report rather than conduct an internal investigation as it did after a mass shooting in Brooklyn last summer.

Silver's mother, Faith Johnson, spoke to the council on Thursday and implored the organization not to use her son's death for political gain. The public deserves answers, she said.

“I'm angry. I'm devastated, but we as a family will turn this pain into a goal,” she said. “The goal has to be to do what needed to be done before my son died.”

Council members on Thursday called for additional training for DPW employees in light of Silver's death. City resident Gabby Avendano told the Baltimore Sun earlier this month that Silver's co-worker told her Silver had complained of pain in his legs, chest and hands throughout the day and was unable to get out of his city truck to do his job. Avendano eventually called 911 after he collapsed. Instead, her co-worker called supervisors, she said.

Investments have been made in DPW facilities in recent years. More than $18 million of the city's capital budget was allocated to improve three sanitation facilities, including $8.1 million for the Western Sanitation Yard on Reedbird Avenue, where Silver was stationed. Some of the city's aging garbage truck fleet was also replaced. As of March, 20 of the 80 new garbage trucks the city had ordered had arrived. The city's new trucks have air conditioning.

A salary increase for city-based AFSCME employees was approved by the Board of Estimates in December.

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