AFSCME STRONG Is Not Just a Slogan: What It Means When Workers Fight Back
labor · August 25, 2026
When Parole and Probation Agent Davis Martinez was killed in the line of duty on May 31, 2024, AFSCME members did not accept the loss in silence. They organized and won concrete safety reforms that
Key takeaways
- On May 31, 2024, Parole and Probation Agent Davis Martinez, 33, was killed in the line of duty while representing Maryland state workers in a union job.
- AFSCME Maryland and labor allies used that tragedy to pass the Davis Martinez Public Employee Safety and Health Act, which reformed Maryland's occupational safety law with financial penalties for violations and created a dedicated Public Employee Safety and Health Unit within MOSH.
- Over one third of surveyed state employees report experiencing workplace violence; in correctional facilities, that number jumps to 66 percent; short staffing is the primary reason violence and injuries go unaddressed.
- Maryland's heat stress standard, effective September 30, 2024, requires employers to monitor heat index, provide acclimatized rest breaks, supply cool water, and implement high-heat procedures; one AFSCME Local 44 member died of heat exhaustion on the job before the standard took effect.
- A workplace violence prevention standard is due October 1, 2026; workers and unions must be involved in developing, implementing, and administering safety plans at their worksites, not locked out of decisions that affect them.
- Staffing remains dangerously low in corrections, juvenile services, and public defender offices; housing units operate at less than half safe staffing levels, leaving workers and incarcerated individuals at acute risk of violence and agitation.
- AFSCME STRONG means workers do not accept unsafe conditions as inevitable; collective action translated worker testimony and union advocacy into law with teeth.
On May 31, 2024, Parole and Probation Agent Davis Martinez, 33, was killed in the line of duty while working for the Maryland Department of Parole and Probation. He was a member of AFSCME Local 3661. His death was not the first tragedy Maryland public workers have suffered, and it did not have to be the last one without a fight.
When a worker dies at work, there are two paths. One is silence; the other is action. AFSCME Maryland and labor allies chose action. They organized, testified, and fought through the legislative process to turn Agent Martinez's death into concrete law. That is what AFSCME STRONG means in practice.
What AFSCME Members Won
On the strength of that collective push, Maryland passed the Davis Martinez Public Employee Safety and Health Act. The law is not poetry or promises. It has three concrete teeth.
First, it subjected public employers to financial penalties for violations of Maryland's occupational safety and health law. Before this, violations carried no cost. Now they do. An employer that ignores heat, violence, or unsafe conditions can be fined.
Second, it enhanced reporting and record keeping requirements so that safety violations are documented, tracked, and visible instead of buried in incident reports no one reads.
Third, it created a Public Employee Safety and Health Unit within Maryland's occupational safety and health administration (MOSH) dedicated to protecting state workers specifically. Public employees now have an agency whose job is to look out for them.
The law also mandated a workplace violence prevention standard by October 1, 2026. That standard is now in development. In late June and early July 2024, MOSH held stakeholder sessions throughout Maryland. AFSCME members showed up and told their stories about violence on the job. Workers described being assaulted in correctional facilities, being threatened in probation offices, being attacked in juvenile detention centers. That testimony shaped what the standard will look like.
The Numbers Behind the Action
Why did AFSCME members fight so hard? Because the need was real and documented.
Over one third of surveyed state employees said they have experienced workplace violence. For correctional and public safety employees specifically, the number doubles to 66 percent. Over 56 percent reported health or safety concerns about their working conditions. These are not anecdotes. These are patterns in workers' lived experience.
Short staffing is the structural reason violence goes unaddressed. Maryland's Department of Public Safety and Correctional Services operates many housing units at less than half of what would be considered safe staffing levels. Correctional officers routinely confiscate weapons in facilities where there are not enough staff to respond to emergencies. Incarcerated individuals spend 23 hours a day locked in cells, increasing agitation. A significant number of youth-on-staff assaults occur every month in juvenile services facilities; on average, about 15 per month, or one every other day.
It is not hard to see why this happens. When you do not have enough staff to follow safety protocols, protocols break down. When staff are exhausted and understaffed, they cannot respond to threats before a situation becomes violent. When there is no one to back you up, you are standing alone in a dangerous moment.
Heat Stress: When the System Moves Too Slow
AFSCME also won Maryland's heat stress standard, which took effect September 30, 2024. This standard applies to both public and private sector employers.
When heat index reaches 80 degrees Fahrenheit, employers must monitor the heat in work areas. They must develop and maintain a written plan to prevent heat illness. They must properly acclimatize workers before exposing them to heat. They must provide shaded rest breaks or alternative cooling. They must provide 32 ounces of cool drinking water per hour at no cost. When heat index exceeds 90 and 100 degrees, they must implement high-heat procedures with more frequent rest breaks. They must train employees on heat hazards.
On August 2, 2024, AFSCME Local 44 member Ronald Silver II lost his life on the job due to heat exhaustion while working for the Baltimore City Department of Public Works in sanitation. The heat stress standard took effect less than two months later, on September 30, 2024. That is how close the timeline was. Workers died because the system did not move fast enough. Now it has moved.
What Comes Next: Implementation and Vigilance
Winning the law is the first battle. Making sure it works on the floor is the second one, and it has already begun.
The heat standard is in effect now. Employers are required to comply. That means if your workplace is not monitoring heat index, if you are not getting water, if rest breaks are not happening, the standard is being violated and you can report it without fear of retaliation.
The workplace violence prevention standard will be finalized by October 1, 2026. When MOSH publishes a draft, workers and unions will have the opportunity to comment. The final standard will include a requirement that workers and unions be involved in developing, implementing, and administering safety plans at their worksites. That means you are not locked out of decisions that affect your safety. Your voice gets to be part of how your facility responds to violence.
The staffing crisis remains. Laws can require heat monitoring and violence prevention plans, but they cannot mandate that the state hire enough people to operate safely. That is a separate fight, and it is ongoing. Over a third of state workers say they have experienced workplace violence; without adequate staffing, that number will not drop by regulation alone.
What AFSCME STRONG Actually Means
AFSCME STRONG is not a brand. It is the record of what happens when workers refuse to accept unsafe conditions as inevitable. It is what collective action looks like in a real situation, not a theory.
When Davis Martinez was killed, AFSCME members did not file a grievance over paperwork. They organized. They testified. They built a coalition with labor allies. They showed up at legislative hearings. They pushed through a legislative session. They won financial penalties for violations, a dedicated public employee safety unit, and the mandate for a workplace violence prevention standard written with worker input.
That is power. That is not luck or goodwill from management. That is what happens when workers understand that they have leverage and use it.
If you are a rank-and-file union member, this matters because it shows you what your union can do when you show up and participate. Testimony matters. Attending meetings matters. Telling your story matters. The standard did not happen because AFSCME lawyers were smart. It happened because workers testified about being assaulted, about lacking backup, about being stuck in understaffed facilities.
If you are a shop steward or considering stepping into that role, this matters because it shows what happens when a union moves from grievance processing to legislative action. You process grievances every day to protect members in individual cases. But sometimes the pattern is so big that individual grievances are not enough. Then you escalate. You organize. You build outside pressure. You go public. That is what stewards do when the situation calls for it.
The staffing crisis is still real. The heat is still dangerous. Violence is still happening. But now there are consequences for employers who ignore safety. Now workers have a unit dedicated to fighting for them. Now there is a standard coming that workers themselves shaped.
That is what AFSCME STRONG means.
Frequently asked questions
- What is the Davis Martinez Public Employee Safety and Health Act?
- It is Maryland legislation passed after Parole and Probation Agent Davis Martinez was killed in the line of duty on May 31, 2024. The law reformed occupational safety standards for public employees by adding financial penalties for employer violations, requiring better reporting and record keeping, creating a Public Employee Safety and Health Unit within MOSH, and mandating a workplace violence prevention standard by October 1, 2026.
- Why is workplace violence such a big problem in Maryland state agencies?
- Short staffing is the primary cause. Correctional facilities operate at less than half safe staffing levels; juvenile services facilities report one youth-on-staff assault every other day; and public defender offices lack security while attorneys conduct visitations in unstaffed detention areas. Understaffed facilities cannot enforce safety protocols or respond to emergencies.
- What does Maryland's heat stress standard require employers to do?
- When heat index reaches 80 degrees Fahrenheit or higher, employers must monitor the heat in work areas, provide acclimatized rest breaks with shade or cooling, supply 32 ounces of cool water per hour at no cost, implement stricter procedures when heat index exceeds 90 and 100 degrees, and train employees on heat hazards. The standard took effect September 30, 2024.
- How did worker testimony shape the Davis Martinez Act?
- AFSCME members testified at MOSH stakeholder sessions in late June and early July 2024 about their experiences with workplace violence. Their stories informed the development of the workplace violence prevention standard. Workers and unions must be involved in developing, implementing, and administering safety plans at their worksites.
- What happens if an employer violates the new safety standards?
- The Davis Martinez Act subjected public employers to financial penalties for violations of Maryland's occupational safety and health law, unlike previous rules that had no enforcement teeth. MOSH can now hold employers accountable with consequences that matter.
- When will the workplace violence prevention standard be finalized?
- October 1, 2026, is the deadline. MOSH will publish a draft standard for public comment after stakeholder sessions conclude. Workers and unions will have the opportunity to review and comment on the draft before a final standard takes effect.
- What should I do if I experience workplace violence on the job?
- You have the right to report it without fear of retaliation under the new standards. Document what happened, report it to your supervisor or safety officer, and notify your union representative. Your union can file a grievance if retaliation occurs and can ensure your case is included in your employer's safety records and training.
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