Listen to this article
What will it take for Baltimore City to get its act together with respect to the health and safety of its employees? A disturbing emergency report just published by Baltimore’s Inspector General Isabel Mercedes Cumming seems to reflect that it will take a lot and that improvement is urgently needed.
The full report and its exhibits, as well as a synopsis of the report, can be found on the IG’s website under the “Latest OIG Report” Section. Our editorial advisory board members have reviewed the full report and the synopsis.
While we characterize the report and synopsis as disturbing, we ask our readers not to simply take our word for it. Rather, we urge you to read the report and synopsis for yourselves.
The synopsis concludes with the trenchant observation that “[t]he health and safety of our employees is paramount to City government and the attached findings support immediate remedy.”
The conclusion to the findings is stark:
“As of today, July 10th, the anticipated temperature will be 95℉ with a real feel of 103℉.1 Without adequate and safe working conditions, the City is not only potentially violating OSHA regulations, but DPW workers’ health and safety are currently at risk. The OIG requests for swift and immediate action to be taken to prevent further risk and explore alternatives, including a possible alternate work site.”
While Cumming distributed her emergency report to many in the city’s political leadership, press reports indicate that few have commented on it publicly to date. Baltimore City Council President-elect Zeke Cohen was one who ha.s He is quoted as saying that the conditions at DPW waste yards are “dangerous and unacceptable.”
Although a DPW spokesperson is quoted in a press report as saying that the agency “takes full responsibility for the health and safety” of its employees and has taken steps to protect them, a degree of skepticism may well be warranted.
Richard Nixon’s Attorney General, John Mitchell, in 1969 was quoted as telling the press to “watch what we do, not what we say.” Based on their track record, the DPW’s lack of action as documented in the IG’s emergency report calls their spokesperson’s words of reassurance into significant question.
What can be done to transform the words into action? The city’s police department has court-appointed monitors to help keep U.S. District Court Judge James Bredar informed on progress (or not) in its activities. Since last year’s consent decree, the city’s two wastewater treatment plants have been monitored by a third-party engineering firm.
Is it time for MOSH (the Maryland Occupational Safety and Health Agency) to consider assigning a full time person or firm to monitor the city’s employee health and safety performance here?
Alternatively, and as a first step, perhaps the city should do what all significant nongovernmental Maryland businesses do: that is, they hire an overall director of employee health and safety; they charge that director with the responsibility for full compliance with all worker health and safety requirements; and they hold that director accountable for all successes and failures in their area of responsibility.
The IG’s emergency report highlights an apparent lack of execution and performance in a critically important area. Without intervention, it seems likely that a catastrophic incident involving death or serious injury is simply waiting to happen. Let’s see what can be done to prevent that from happening.
EDITORIAL ADVISORY BOARD MEMBERS
James B. Astrachan, Chair
James K. Archibald
Gary E. Bair
Eric Easton
Arthur F. Fergenson
Nancy Forster
Susan Francis
Julie C. Janofsky
Ericka N. King
George Nilson
Catherine Curran O’Malley
Angela W. Russell
Debra G. Schubert
Jeff Sovern
H. Mark Stichel
The Daily Record Editorial Advisory Board is composed of members of the legal profession who serve voluntarily and are independent of The Daily Record. Through their ongoing exchange of views, members of the board attempt to develop consensus on issues of importance to the bench, bar and public. When their minds meet, unsigned opinions will result. When they differ, or if a conflict exists, majority views and the names of members who do not participate will appear. Members of the community are invited to contribute letters to the editor and/or columns about opinions expressed by the Editorial Advisory Board.