Sec. 2. Coverage of incarcerated workers under the Occupational Safety and Health Act of 1970
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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: 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) ). . Section 18 of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 667 ) is amended— in subsection (c)— in paragraph (6), by striking political subdivisions, and inserting political subdivisions and to all incarcerated workers, ; and in paragraph (7)— by striking
(7)requires and inserting (7)(A) requires ; and by adding at the end the following: 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— the workplace safety and health conditions at each such facility, and any potential noncompliance of each such facility with the safety and health standards under the State plan, and ; and by adding at the end the following: 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. . 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: The Director of the Bureau of Prisons shall— 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 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— 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; any injury or death of any employee or incarcerated worker while performing labor with respect to such facility; and any potential noncompliance of any such facility of such occupational safety and health program. 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. .
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Sec. 2
Coverage of incarcerated workers under the Occupational Safety and Health Act of 1970
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