Maryland hearing advances Davis Martinez public-employee safety bill after series of workplace deaths

The House Appropriations Committee heard extensive testimony in favor of House Bill 176, the Davis Martinez Public Employee Safety and Health Act, a bill that would strengthen workplace-safety oversight of Maryland public employers by directing MOSH (Maryland Occupational Safety and Health) to focus on public-sector hazards, require a workplace violence prevention standard and make civil penalties available for public entities that violate safety rules.

Supporters said the bill is intended to add accountability following a string of preventable deaths and serious injuries affecting state and local workers. "None of our public servants ever have to wonder whether they're coming back at night," sponsor Delegate Jared Solomon said, describing the bill as adding enforcement tools and a dedicated MOSH unit to focus on public workplaces.

The bill would remove a longstanding penalty exemption for public employers and require MOSH to develop a workplace-violence standard tailored to public-sector risks, supporters said. Unions and public-safety advocates testified the change would bring public employers into alignment with penalties already applied in the private sector and create incentives to correct hazardous conditions.

Union leaders and family members of deceased workers recounted incidents they said illustrated the need for stronger enforcement. "Agent Davis Martinez was murdered while conducting a routine home visit," Reneka Robinson, president of ASKME Local 3661, told the committee. She and others described MOSH citations issued to the Department of Public Safety and Correctional Services following Martinez's death and urged passage of the bill to prevent similar tragedies.

Public-employee unions, school organizations and safety experts described a pattern of higher injury rates in public jobs with frequent exposure to violence, heat, and other hazards. "Public sector employees experienced 81% more injuries than workers in the private sector nationwide," Jordan Barab, former deputy assistant secretary at OSHA, said in testimony supporting the bill's penalty and standard provisions.

MOSH and the Maryland Department of Labor said they worked with sponsors on technical amendments and that the agency supports the bill with those fixes. Patrick Moran of AFSCME Council 3 and other local officials said they were satisfied with compromise language on employee notification and reporting. Several local-government representatives requested clarifications on implementation logistics and liability language; sponsors said they would remove a proposed criminal-liability paragraph and further refine notice requirements.

The committee took no vote at the hearing; sponsors said they will work with stakeholders on amendments to address technical concerns raised by the Attorney General's office and municipal associations.

The bill drew broad support from labor unions, MOSH staff, victims' families and local elected officials who said it would create clearer safety requirements and stronger enforcement options for public employers.

Looking ahead, sponsors said they will file technical amendments to streamline penalty language and the notification process and to address attorney-client conflict concerns raised in an AG memo. If passed, the bill would require MOSH to promulgate a workplace violence prevention standard and change enforcement by permitting penalties for public employers similar to those already applied against private-sector employers.