When Baltimore City solid waste worker Ronald Silver II died of heat stroke on August 2nd, his death shined a light on the dangers of working in extreme heat– an event that is becoming more common as global temperatures continue to break records.

There is no federal heat standard set by the Occupational Safety Health Administration, leaving states like Maryland to create occupational heat regulations of their own.

Widely considered to be one of the most comprehensive standards to hit the books, Maryland’s proposal is set to become law within months.

At the most basic level, the Maryland heat proposal requires employers to provide workers with at least 32 oz of water, shaded breaks, and training on the symptoms of heat illness, including preventative measures. These regulations apply to indoor and outdoor worksites where the heat index can regularly be in excess of 80 degrees.

• when the heat index exceeds 90 degrees, workers must have ten minutes of cooled rest (taken in the AC or shade) for every two hours' worth of work     
• at a 100 degree heat index, that rest period increases to fifteen minutes for every hour worked
• when high heat procedures are in place, employers must monitor for heat sickness via phone or radio, the buddy system, or other alternative means

Employers are also required to have a written policy outlining how they will implement those standards and their response in the case of heat illness.

Those protections came too late for Silver, whose death was confirmed by the Baltimore City Medical Examiner to be from hyperthermia, a condition where the body’s internal temperature becomes too hot: i.e. heat sickness. On Friday August 2nd, Baltimore City’s Health Department had declared a Code Red Heat emergency, which goes into effect when the heat index reaches, or is projected to reach, 105 degrees.

The Maryland Department of Health has reported that 18 adults have died this year from heat related complications as of August 3rd.

Maryland’s heat standard is years in the making; originally passed by the General Assembly in 2020, HB 722 instructed the state Department of Labor to work with stakeholders in creating a comprehensive occupational heat standard. The standards, originally drafted under former Republican Governor Larry Hogan were widely condemned by unions and safety advocates as too weak. Under Governor Wes Moore, a Democrat, the labor department essentially started from scratch on a new standard in 2023. The final public comment period ends later this month, which means that the standards could be in effect by early fall.

Here’s what we know

Many of the details surrounding Silver’s death are still under investigation by both the Maryland Office of Safety and Health and the Baltimore Police Department (which the city says is part of standard protocol) but witnesses at the scene have shared what they saw in Silver’s final moments.

By the time Silver knocked on Gabrielle Avendano’s door just after 4 o’clock on Friday, he was showing symptoms of confusion while he begged for water, Avendano told WYPR.

A co-worker on the scene reportedly told Avendano that Silver had been drinking water and Gatorade all day. As a solid waste worker who would be in and out of a truck throughout his shift, Silver’s exact heat exposure would have been difficult to measure.

According to a July 23rd report from the Office of the Inspector General, “multiple laborers said many trucks did not have air conditioning” and solid waste workers have confirmed that occurrence with WYPR (the OIG notes that the specific truck flagged in the report was not listed as being in commission at the time).

Officials haven’t confirmed if Silver’s crew was operating in an air conditioned truck on the day of his death.

When Avendano began assisting Silver, she saw his co-worker, the driver, speaking on the phone from inside the truck and assumed he was calling 9-1-1. She learned later from the driver himself that he was on the phone with a supervisor, not emergency services.

That same coworker allegedly told Avendano that Silver had been complaining of pain in his leg and chest all day, ultimately the route on his own.

“The driver said that he thought [Silver] was just like being lazy and didn't want to work,” said Avendano.

The Department of Public Works has not released any information on their heat training plans.

“Those trainings have been offered in the past and we’ll continue to do that throughout the city of Baltimore,” said Mayor Brandon Scott, a Democrat, during a news conference.

Baltimore City Inspector General Isabel Cumming’s office is investigating “dangerous” conditions at several DPW facilities, as part of that investigation, Cumming has requested from DPW “all records of heat-related illness training provided to its employees within the last three years.”

Under the new heat standard, such training would be required.

In the wake of Silver’s death, trash and recycling operations were suspended for a day while workers at the Bowley’s Lane and Reedbird sanitation yards underwent mandatory OSHA heat training. Those facilities in particular have come under fire in the OIG’s report for at times having inadequate air conditioning and access to water for workers.

A supervisor has confirmed that Silver was an employee based out of the Reedbird sanitation yard.

Fixing a culture

Any policy, from the federal level down to municipality, ultimately relies on workers and supervisors to comply. After last week’s incidents, unions, solid waste workers, and even city council members have strongly decried a work culture within the DPW marked by indifference, hazing, and cruelty.

“The toxic culture at DPW must be gutted,” said Patrick Moran, president of AFSCME Maryland Council 3, the union which represented Silver and represents the other workers in the Bureau of Solid Waste.

“I want this to be heard and be heard clearly, anybody who’s participating in treating our employees the wrong way, or doing things like that, and we catch you, you will be held accountable,” said Scott, acknowledging the union’s allegations and concerns.