Coverage of incarcerated firefighters 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) is amended by adding at the end the following: (15) The term correctional facility has the meaning given the term in section 3(aa) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203)(aa).. (b) State plans Section 18 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 667) is amended— (1) in subsection (c)— (A) in paragraph (6), by inserting, including incarcerated firefighters as defined in section 3(z) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203)(z), after political subdivisions,; and (B) in paragraph (7)— (i) by striking (7) requires and inserting (7)(A) requires; and (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 FIRE Act, and every year thereafter, submit to the Attorney General and Congress a report on— (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. (c) Federal prisons 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: (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) applies with respect to incarcerated firefighters in the same manner as the program applies to employees of the Bureau of Prisons; and (B) submit, not later than 2 years after the date of enactment of the FIRE Act, and every year thereafter, to the Attorney General and Congress, a report on— (i) the workplace safety and health conditions at any correctional facility operated by the Bureau of Prisons or a private entity contracting with the Bureau of Prisons; (ii) any injury or death of any employee or incarcerated firefighter 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) Incarcerated firefighter In this section, the term incarcerated firefighter means an individual who is incarcerated in a correctional facility operated by the Bureau of Prisons or facilitated or operated by a private entity through a contract with the Bureau of Prisons and who performs firefighting or emergency response services work offered or required by or through the correctional facility, including work associated with prison work programs, work release programs, public works programs, restitution centers, correctional facility operations and maintenance, or private entities..