Carceral-Ecologies / Carceral-OSHA-Data

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Determine Coverage of OSHA Enforcement #2

Open savannahmhunter opened 4 years ago

savannahmhunter commented 4 years ago

We need to determine if OSHA law covers only those who work in prisons as guards and/or if it covers prisoners who are working. We need to have some idea if the violation covers only those guarding or maintaining prisons and/or if it covers prison workers.

premolina492 commented 4 years ago
  1. Federal Prison Inmates. The Bureau of Prisons considers that Federal inmates have 24 hour a day protection under its safety and health program. In addition, the Federal Bureau of Prisons applies OSHA safety and health standards to inmates under the following conditions: a. The inmates are on Federal Bureau of Prisons' owned or leased property (even if located on other Federal premises) or are working at the direction of Bureau management, and (1) The exposure to hazards is an occupational exposure, not another type of activity such as recreation, patient in a hospital, domiciliary, etc. (2) Where inmate workers are repairing domiciliary systems, their operations, but not necessarily the site, would be covered under the Bureau of Prisons' program and OSHA Standards, as applied by the Bureau. (3) Where inmate workers are managed by another Federal authority; e.g., the military, they would still be protected under the Bureau of Prisons' program and OSHA Standards, as applied by the Bureau, but the managing authority would be responsible for safe and healthful working conditions at the site. b. Inmates are covered under the Inmate Accident Compensation System, 18 U.S.C. 4126 and 28 CFR Part 301. A BP-19 Injury Form is completed for all work related injuries and illness. It more than 3 work days were missed by an inmate a BP-19a Supplemental Injury Form will be completed. These reports are maintained in the safety office for the Secretary to review, upon request. The Secretary may request access to additional inmate exposure and medical records pursuant to proper procedures. NOTE: Inmates can request access to their exposure and medical records under the Freedom of Information and Privacy Acts. c. Inmates do not have employee representatives.

(https://www.osha.gov/enforcement/directives/fap-01-00-002)

savannahmhunter commented 4 years ago

Next step is to try to see if there is any way to determine in the data we have if the inspection or violation was for inmate accident/exposure or a guard/other admin.

shapironick commented 4 years ago

Great work! Just flagging that this is only for federal prisons.

I assume all state prison employees (incarcerated or not) are exempt. See https://www.osha.gov/laws-regs/standardinterpretations/1992-12-16-1

I'm not sure about private prisons off the top of my head. For private prisons it would be interesting to sort Corrections Corporation of America (#1 owner of private prisons) owned prisons and Geo Group (the #2) owner of private prisons.

On Tue, Mar 31, 2020 at 7:38 PM savannahmhunter notifications@github.com wrote:

Next step is to try to see if there is any way to determine in the data we have if the inspection or violation was for inmate accident/exposure or a guard/other admin.

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savannahmhunter commented 4 years ago

One thing to think about might be state OSHA laws. Federal OSHA does not cover state employees. However, some states have their own OSHA laws specifically covering state employees. So I wonder if state law might cover some prison workers.