Correctional Facilities Occupational Safety and Health Act of 2023
This bill extends federal workplace safety and health protections to incarcerated workers. These are individuals who (1) are incarcerated or detained in a federal, state, or local correctional facility (or a private facility operating under government contract); and (2) perform work offered or required by the correctional facility, such as prison work programs or work release programs.
States and territories that enforce their own workplace safety and health laws and standards under a plan approved by the Occupational Safety and Health Administration must include workplace protections for incarcerated workers in the plan. In addition, the Department of Labor must establish a grant program to assist states with amending their occupational safety and health laws to cover incarcerated workers and with enforcing those laws.
Furthermore, the Bureau of Prisons must ensure that its workplace safety and health program applies to incarcerated workers in the same manner as it applies to employees of the bureau.
Additionally, states and localities that participate in the Edward Byrne Memorial Justice Assistance Grant Program must have workplace safety and health protections for incarcerated workers that are appropriately monitored and enforced. The bill reserves a portion of the grants for recipients to use to set up workplace safety and health protections for incarcerated workers.
The bill also requires periodic reports to Congress and the Department of Justice about the workplace and safety conditions at correctional facilities, including any potential noncompliance with relevant standards.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3220 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 3220
To enhance coverage and oversight of occupational safety and health
standards in correctional facilities, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 11, 2023
Mr. Cleaver (for himself, Ms. Kamlager-Dove, Mr. Garcia of Illinois,
Mr. Carter of Louisiana, Ms. Tlaib, Ms. Brown, Ms. Norton, Ms. Lee of
California, and Ms. Jayapal) introduced the following bill; which was
referred to the Committee on Education and the Workforce, and in
addition to the Committee on the Judiciary, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To enhance coverage and oversight of occupational safety and health
standards in correctional facilities, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Correctional Facilities Occupational
Safety and Health Act of 2023''.
SEC. 2. COVERAGE OF INCARCERATED WORKERS UNDER THE OCCUPATIONAL SAFETY
AND HEALTH ACT OF 1970.
(a) Definition of Correctional Facility.--Section 3 of the
Occupational Safety and Health Act of 1970 (29 U.S.C. 652) is amended
by adding at the end the following:
``(15) The term `correctional facility' has the meaning
given the term in section 901(a) Omnibus Crime Control and Safe
Streets Act of 1968 (34 U.S.C. 10251(a)).''.
(b) State Plans.--Section 18 of the Occupational Safety and Health
Act of 1970 (29 U.S.C. 667) is amended--
(1) in subsection (c)--
(A) in paragraph (6), by striking ``political
subdivisions,'' and inserting ``political subdivisions
and to all incarcerated workers,''; and
(B) in paragraph (7)--
(i) by striking ``(7) requires'' and
inserting ``(7)(A) requires''; and
(ii) by adding at the end the following:
``(B) requires the State to ensure that any public agency
of the State (or of a political subdivision of the State)
operating a correctional facility or contracting with a private
entity to operate such a facility, shall, not later than 2
years after the date of enactment of the Correctional
Facilities Occupational Safety and Health Act of 2023, and
every year thereafter, submit to the Attorney General and
Congress a report on--
``(i) the workplace safety and health conditions at
each such facility, and
``(ii) any potential noncompliance of each such
facility with the safety and health standards under the
State plan, and''; and
(2) by adding at the end the following:
``(i) Definition of Incarcerated Worker.--In this section, the term
`incarcerated worker' means an individual, incarcerated or detained in
a correctional facility operated by a public agency of a State or
political subdivision of a State (or by a private entity through a
contract with a State or political subdivision of a State), who
performs work offered or required by or through the correctional
facility, including work associated with prison work programs, work
release programs, State prison industries, public works programs,
restitution centers, correctional facility operations and maintenance,
and private entities.''.
(c) Federal Prisons.--Section 19 of the Occupational Safety and
Health Act of 1970 (29 U.S.C. 668) is amended by adding at the end the
following:
``(e) Bureau of Prisons.--
``(1) In general.--The Director of the Bureau of Prisons
shall--
``(A) ensure that the occupational safety and
health program established and maintained by the
Director under subsection (a) shall apply with respect
to incarcerated workers in the same manner as the
program applies to employees of the Bureau of Prisons;
and
``(B) agree to submit, not later than 2 years after
the date of enactment of the Correctional Facilities
Occupational Safety and Health Act of 2023, and every
year thereafter, to the Attorney General and Congress,
a report on--
``(i) the workplace safety and health
conditions at any correctional facility
operated by the Bureau of Prisons or a private
entity contracting with Bureau of Prisons;
``(ii) any injury or death of any employee
or incarcerated worker while performing labor
with respect to such facility; and
``(iii) any potential noncompliance of any
such facility of such occupational safety and
health program.
``(2) Definition of incarcerated worker.--In this section,
the term `incarcerated worker' means an individual,
incarcerated or detained in a correctional facility operated by
the Bureau of Prisons (or by a private entity through a
contract with the Bureau of Prisons), who performs work offered
or required by or through the correctional facility, including
work associated with prison work programs, work release
programs, the UNICOR program, public works programs,
restitution centers, correctional facility operations and
maintenance, and private entities.''.
SEC. 3. INCENTIVES FOR STATES TO ENACT PROTECTIONS FOR INCARCERATED
WORKERS.
Title I of the Omnibus Crime Control and Safe Streets Act of 1968
(34 U.S.C. 10101 et seq.) is amended--
(1) in section 501 (34 U.S.C. 10152), by adding at the end
the following:
``(i) Annual Report on Workplace Safety and Health Conditions.--Not
later than 2 years after the date of enactment of the Correctional
Facilities Occupational Safety and Health Act of 2023 and annually
thereafter, any State or unit of local government that receives a grant
under this section and operates a correctional facility or contracts
with a private entity to operate a correctional facility shall submit
to the Attorney General and Congress a report on--
``(1) the workplace safety and health conditions at each
such correctional facility;
``(2) any injury or death of any employee or incarcerated
worker while performing work with respect to any such
correctional facility; and
``(3) any potential noncompliance of any such correctional
facility with the occupational safety and health standards that
apply to the correctional facility.'';
(2) in section 502 (34 U.S.C. 10153)--
(A) by striking ``(A) In general'' and inserting
``(a) In general''; and
(B) in subsection (a), by adding at the end the
following:
``(7) A certification, to be verified by the Attorney
General, in consultation with the Assistant Secretary of Labor
for Occupational Safety and Health, that--
``(A) the State or unit of local government--
``(i) has provided workplace safety and
health protections for incarcerated workers in
correctional facilities, either by legislative
or executive action, that are at least as
effective in providing safe and healthful
employment and places of employment for
incarcerated workers as the comprehensive
occupational safety and health programs
established by States under section 18 of the
Occupational Safety and Health Act of 1970 (29
U.S.C. 667); or
``(ii) not later than the last day of the
fiscal year following the fiscal year to which
the application relates, will have provided the
protections described in clause (i), with the
limitation that a certification under this
clause may only be submitted one time; and
``(B) an appropriate State or local agency monitors
and enforces or will monitor or enforce, as applicable,
the safety and health protections described in
subparagraph (A)(i).'';
(3) in section 506 (34 U.S.C. 10157), by adding at the end
the following:
``(c) Of the total amount made available to carry out this subpart
for a fiscal year, the Attorney General, in consultation with the
Assistant Secretary of Labor for Occupational Safety and Health, shall
reserve not less than $20,000,000 for use by States and units of local
government to establish and implement workplace safety and health
protections for incarcerated workers in correctional facilities.''; and
(4) in section 901(a) (34 U.S.C. 10251(a))--
(A) in paragraph (27), by striking ``and'' at the
end;
(B) in paragraph (28), by striking the period at
the end and adding ``; and''; and
(C) by inserting after paragraph (28) the
following:
``(29) the term `incarcerated worker' means an individual,
incarcerated or detained in a correctional facility operated by
a State or a political subdivision of a State (or by a private
entity through a contract with a State or political subdivision
of a State), who performs work offered or required by or
through the correctional facility, including work associated
with prison work programs, work release programs, State prison
industries, public works programs, restitution centers,
correctional facility operations and maintenance, and private
entities.''.
SEC. 4. GRANTS TO ASSIST STATES IN COVERING INCARCERATED WORKERS.
(a) In General.--The Secretary of Labor shall establish a grant
program to award a grant to each State that submits an application
satisfying the requirements under subsection (b) to assist the State in
amending the occupational safety and health laws of the State to cover
incarcerated workers and to enforce those laws as appropriate through
inspections, investigations, citations, penalties, and other
enforcement mechanisms.
(b) Applications.--A State seeking a grant under this section shall
submit an application to the Secretary at such time, in such manner,
and containing such information as the Secretary may reasonably
require.
(c) Definition of Incarcerated Worker.--In this section, the term
``incarcerated worker'' has the meaning given such term in section
18(i) of the Occupational Safety and Health Act of 1970 (29 U.S.C.
667(i)).
(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $20,000,000 for each of fiscal
years 2024 through 2029, to remain available until expended.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Education and the Workforce, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Education and the Workforce, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
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