SE Kansas City News

(Washington, D.C.) – On May 12, 2023, U.S. Representatives Emanuel Cleaver, II (D-MO) and Sydney Kamlager-Dove (D-CA) introduced the Correctional Facilities Occupational Safety and Health Act to enhance workplace safety standards and ensure protections for incarcerated workers in federal, state, and local correctional facilities. Companion legislation was introduced by U.S. Senator Cory Booker (D-NJ) earlier this year.

“Whether they are working in Congress or in a correctional facility, every worker in America deserves to have the peace of mind in knowing that they are safe in their workplace—but that often isn’t the case for those who are incarcerated,” said Congressman Cleaver. “Sadly, incarcerated Americans are not afforded the same labor protections that have become commonplace in nearly every other workplace. I believe that’s wrong, and now I’m proud to partner with Congresswoman Kamlager-Dove and Senator Booker to introduce the Correctional Facilities Occupational Safety and Health Act in the House of Representatives to rectify this deeply unfair and damaging oversight in America’s labor laws.”

“I’m glad to join Rep. Cleaver and Sen. Booker to introduce this bicameral legislation that ensures protections for incarcerated workers,” said Congresswoman Kamlager-Dove. “It is unfathomable that prison workers continue to be exploited and put in dangerous conditions with little to no training. The Correctional Facilities Occupational Safety and Health Act will increase accountability for our prison system and provide safer and more humane work conditions for the prison workforce. I will always fight to improve the quality of life for our prisoners and be an advocate for criminal justice reform.”

“Dignity and safety are fundamental rights that should be extended to all workers, including those who are incarcerated,” said Senator Booker. “This bill takes an important step towards ending the unjust labor exploitation of incarcerated workers by extending to them the same workplace safety standards and labor protections enjoyed by workers in nearly every other workplace. I applaud Representatives Cleaver and Kamlager-Dove for their leadership in introducing this legislation in the House, and I remain committed to fighting for the rights and protections of all workers, without exception.”

“For too long, our laws have allowed prisons and jails across the country to exploit the labor of incarcerated people, all while paying them pennies per hour and denying them basic workplace protections,” said Jennifer Turner, ACLU human rights researcher who authored a June 2022 ACLU report on prison labor. “It’s high time we correct these injustices and treat workers because of nonexistent workplace safety guarantees for workers in prisons and jails. This bill would finally recognize these workers as employees under the Occupational Safety and Health Act and ensure they are not forced to work in hazardous conditions without training and precautions.”

To ensure correctional facilities are providing safe and sanitary workplaces for incarcerated workers, the Correctional Facilities Occupational Safety and Health Act would:

Amend the Occupational Safety and Health (OSH) Act to explicitly include correctional facilities operated by state and local governments as employers and incarcerated workers as employees;

Require states with state occupational safety and health plans to include incarcerated workers and require correctional facilities to issue regular reports to the Occupational Health and Safety Administration (OSHA) on labor conditions and any potential violations of workplace safety laws;

Require the Federal Bureau of Prisons (BOP) to apply the occupational safety and health programs for BOP employees to incarcerated workers and require annual reports; and

Create a grant program for state and local governments to amend their occupational health and safety plans to cover incarcerated workers and to support enforcement.

The Correctional Facilities Occupational Safety and Health Act comes on the heels of separate  legislation Rep. Cleaver has introduced in recent weeks to reduce recidivism, increase educational and job training opportunities, and end unfair and exploitative labor practices in correctional facilities nationwide.

The Correctional Facilities Occupational Safety and Health Act is endorsed by the American Civil Liberties Union (ACLU), Brennan Center for Justice, Center for Law & Social Policy, Economic Policy Institute, Human Rights Watch, Leadership Conference on Civil & Human Rights, National Employment Law Project, Safer Foundation, Tzedek Association, and Vera Institute of Justice.

The Correctional Facilities Occupational Safety and Health Act is co-sponsored by Representatives Shontel Brown (D-OH), Troy Carter (D-LA), Chuy García (D-IL), Eleanor Holmes Norton (D-DC), Pramila Jayapal (D-WA), Barbara Lee (D-CA), and Rashida Tlaib (D-MI).

Official text of the Correctional Facilities Occupational Safety and Health Act is available here.

Original source can be found here.