Eight months without the definitive autopsy of Montse, the cleaning employee who died in the heat wave

Barcelona"We call the City of Justice twice a month and the answer is always the same." It's been almost eight months since Montse Aguilar... a worker from the cleaning services of the Barcelona City CouncilMontse died upon arriving home after a workday during the heat wave at the end of June. Since then, her family has been waiting for the final autopsy to determine the cause of death so they can take legal action and argue in court that it was a workplace accident, not a random death. "They tell us they have nothing. We haven't received any new information since September 8th," Clara Aguilar, Montse's sister, explained to ARA.

The case has been stalled for months, and the family receives information in dribs and drabs: they know that pathological tests and analyses of bile, blood, and urine are still needed to fully clarify why Montse collapsed at home after completing her afternoon shift in the blazing sun. Clara Aguilar recalls that the preliminary autopsy—which listed the head trauma as the cause of death but didn't confirm why she fainted—already pointed to signs consistent with heatstroke. "It said her heart was very enlarged: if a human heart weighs between 120 and 220 grams, Montse's weighed 516 grams," says her sister. Furthermore, that initial report also warned of kidney damage, another indication related to excessive sun exposure.

Until they receive the official report, Montse's family can do little more than wait for this bureaucratic maze to be resolved. "Our lawyer was very surprised by these delays," says Aguilar. If it is confirmed that it was heatstroke from working in the sun in extreme temperatures—"36 or 37 degrees Celsius" and with high humidity—she is certain they will file criminal charges against the supervisor; FCC, the subcontractor she worked for; and the Barcelona City Council. "My sister told her supervisor she felt unwell, and his response was to tell her to drink water. It wouldn't have cost him anything to call an ambulance," she laments. She also insists that the "100% polyester" work uniform was unsuitable for spending the day walking and cleaning streets during a heatwave. "I just want this to never happen again. Please, they need to be given new clothes," she adds.

The tragedy has had a profound emotional impact on Montse's family and friends, whose grieving process has been interrupted by consultations with their lawyer, calls to government agencies seeking information, and the need to keep the case in the media spotlight. Her 86-year-old mother was with her when she collapsed and, like the rest of the family, is struggling with the uncertainty of not knowing what happened to her daughter. "If it was a natural death, then tell me, and we can put an end to all this," says Aguilar, who also criticizes the lack of human and institutional support from the Barcelona City Council. When contacted by ARA, sources at the City Council simply stated that matters relating to the autopsy are a private matter for the family. FCC, the subcontractor, has not responded to this newspaper's requests.

Occupational Risk Prevention Protocols

Days after Montse's death, the City Council and the four companies contracted for cleaning and waste collection services agreed to unify and strengthen protocols for responding to heat waves. Among the changes announced by First Deputy Mayor Laia Bonet was the implementation of preventative measures starting at 34 degrees Celsius instead of 37. Thus, during peak sun exposure hours, workers are entitled to five-minute breaks for every hour worked, will receive a one-liter insulated water bottle, and will be provided with shade. Only if a red alert is issued, when temperatures exceed 40 degrees Celsius, will work on foot be suspended between 11 a.m. and 5 p.m. This February, the City Council also awarded a contract to supply smart bracelets to protect against heatstroke for Parks and Gardens workers.

"It's not a problem of having a protocol, but of having one based on correct methods," points out Núria Losada Pla, Secretary of Occupational Health in Catalonia for the CGT, the union advising Montse's family throughout this ordeal. According to international standards on which the organization bases its calculations, these five-minute breaks are insufficient, and even in a conservative scenario, employees should be able to rest for 15 minutes for every 45 minutes of work in extreme heat. Losada Pla believes that companies and government agencies do not correctly apply the regulations, often due to a lack of technical knowledge. "They have a legal obligation to adapt the workplace if they detect any vulnerability such as age, pre-existing conditions, or gender, and many do not," explains the risk prevention expert.

Losada Pla argues that the processes for determining the occupational risks of an accident like Montse's are too lengthy and leave families "helpless." In this regard, it proposes that the Labor Inspectorate or the courts collect information ex officio in these cases to prevent them from dragging on indefinitely. The union also proposes creating mandatory sector-specific protocols, increasing penalties for companies, and reinforcing the staff of the labor police during extreme weather events, which will increase due to the context of the climate emergency.