I 
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. GARCI´A 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 addi-
tion to the Committee on the Judiciary, for a period to be subsequently 
determined by the Speaker, in each case for consideration of such provi-
sions 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 Representa-
tives 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’’. 
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SEC. 2. COVERAGE OF INCARCERATED WORKERS UNDER 
THE OCCUPATIONAL SAFETY AND HEALTH 
ACT OF 1970. 
(a) DEFINITION OF CORRECTIONAL FACILITY.—Sec-
tion 3 of the Occupational Safety and Health Act of 1970 
(29 U.S.C. 652) is amended by adding at the end the fol-
lowing: 
‘‘(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 amend-
ed— 
(1) in subsection (c)— 
(A) in paragraph (6), by striking ‘‘political 
subdivisions,’’ and inserting ‘‘political subdivi-
sions and to all incarcerated workers,’’; and 
(B) in paragraph (7)— 
(i) by striking ‘‘(7) requires’’ and in-
serting ‘‘(7)(A) requires’’; and 
(ii) by adding at the end the fol-
lowing: 
‘‘(B) requires the State to ensure that any pub-
lic agency of the State (or of a political subdivision 
of the State) operating a correctional facility or con-
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tracting with a private entity to operate such a facil-
ity, shall, not later than 2 years after the date of en-
actment of the Correctional Facilities Occupational 
Safety and Health Act of 2023, and every year 
thereafter, submit to the Attorney General and Con-
gress a report on— 
‘‘(i) the workplace safety and health condi-
tions at each such facility, and 
‘‘(ii) any potential noncompliance of each 
such facility with the safety and health stand-
ards 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 indi-
vidual, incarcerated or detained in a correctional facility 
operated by a public agency of a State or political subdivi-
sion of a State (or by a private entity through a contract 
with a State or political subdivision of a State), who per-
forms work offered or required by or through the correc-
tional facility, including work associated with prison work 
programs, work release programs, State prison industries, 
public works programs, restitution centers, correctional fa-
cility operations and maintenance, and private entities.’’. 
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(c) FEDERAL PRISONS.—Section 19 of the Occupa-
tional 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 employ-
ees of the Bureau of Prisons; and 
‘‘(B) agree to submit, not later than 2 
years after the date of enactment of the Correc-
tional 
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 oper-
ated by the Bureau of Prisons or a private 
entity contracting with Bureau of Prisons; 
‘‘(ii) any injury or death of any em-
ployee or incarcerated worker while per-
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forming labor with respect to such facility; 
and 
‘‘(iii) any potential noncompliance of 
any such facility of such occupational safe-
ty and health program. 
‘‘(2) DEFINITION
OF
INCARCERATED
WORK-
ER.—In this section, the term ‘incarcerated worker’ 
means an individual, incarcerated or detained in a 
correctional facility operated by the Bureau of Pris-
ons (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 pro-
grams, work release programs, the UNICOR pro-
gram, 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 amend-
ed— 
(1) in section 501 (34 U.S.C. 10152), by add-
ing at the end the following: 
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‘‘(i) ANNUAL REPORT ON WORKPLACE SAFETY AND 
HEALTH CONDITIONS.—Not later than 2 years after the 
date of enactment of the Correctional Facilities Occupa-
tional Safety and Health Act of 2023 and annually there-
after, any State or unit of local government that receives 
a grant under this section and operates a correctional fa-
cility or contracts with a private entity to operate a correc-
tional 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 in-
carcerated worker while performing work with re-
spect 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 facil-
ity.’’; 
(2) in section 502 (34 U.S.C. 10153)— 
(A) by striking ‘‘(A) In general’’ and in-
serting ‘‘(a) In general’’; and 
(B) in subsection (a), by adding at the end 
the following: 
‘‘(7) A certification, to be verified by the Attor-
ney General, in consultation with the Assistant Sec-
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retary of Labor for Occupational Safety and Health, 
that— 
‘‘(A) the State or unit of local govern-
ment— 
‘‘(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 em-
ployment for incarcerated workers as the 
comprehensive occupational safety and 
health programs established by States 
under section 18 of the Occupational Safe-
ty 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 pro-
vided 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 en-
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force, as applicable, the safety and health pro-
tections described in subparagraph (A)(i).’’; 
(3) in section 506 (34 U.S.C. 10157), by add-
ing 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 con-
sultation with the Assistant Secretary of Labor for Occu-
pational Safety and Health, shall reserve not less than 
$20,000,000 for use by States and units of local govern-
ment 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 pe-
riod 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 
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correctional facility, including work associated with 
prison work programs, work release programs, State 
prison industries, public works programs, restitution 
centers, correctional facility operations and mainte-
nance, and private entities.’’. 
SEC. 4. GRANTS TO ASSIST STATES IN COVERING INCAR-
CERATED WORKERS. 
(a) IN GENERAL.—The Secretary of Labor shall es-
tablish 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 appro-
priate through inspections, investigations, citations, pen-
alties, 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 infor-
mation 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 Occupa-
tional 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 
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$20,000,000 for each of fiscal years 2024 through 2029, 
to remain available until expended. 
Æ 
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