Correctional Facilities Occupational Safety and Health Act of 2023

To enhance coverage and oversight of occupational safety and health standards in correctional facilities, and for other purposes. 1. Short title This Act may be cited as the Correctional Facilities Occupational Safety and Health Act of 2023 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 (15) The term correctional facility 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 (1) in subsection (c)— (A) in paragraph (6), by striking political subdivisions, political subdivisions and to all incarcerated workers, (B) in paragraph (7)— (i) by striking (7) requires (7)(A) requires (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 (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 . (c) Federal prisons Section 19 of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 668 (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 (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 . 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. (1) in section 501 ( 34 U.S.C. 10152 (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 (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 (a) In general (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 (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 (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 (B) in paragraph (28), by striking the period at the end and adding ; and (C) by inserting after paragraph (28) the following: (29) the term incarcerated worker . 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 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.

Summary: 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.