An investigation by the Associated Press unveiled the harsh reality of prison labor in the United States, revealing that prisoners who are injured or killed on the job are often deprived of the rights and protections afforded to other American workers.
These prisoners are assigned hazardous tasks, sometimes without proper training. They engage in activities such as cleaning up trash along busy highways, battling wildfires, and operating heavy machinery. They work in industrial-sized farms and meat-processing plants connected to some of the world’s most renowned brands and companies.
However, incarcerated workers and their families often have limited or no avenues for recourse when things go awry.
The investigative report on the dangers of prison labor is a part of a broader AP inquiry into a multi-billion-dollar industry that operates with minimal oversight.
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Key findings from the recent segment of the investigation include:
Among the most vulnerable workers
In some states, laws explicitly state that prisoners are not considered employees, whether they work within correctional facilities or for private businesses under prison contracts or work-release programs.
This exclusion can deprive them of workers’ compensation benefits, as well as state and federal workplace safety regulations. They are unable to voice concerns about poor conditions, unionize, or go on strike, and it becomes harder for them to pursue legal action.
Some prisoners may face repercussions for refusing to work, including solitary confinement. Many are paid pennies per hour, or nothing at all.
AP journalists interviewed over 100 current and former prisoners nationwide about their experiences with prison labor, along with relatives of workers who died.
About a quarter of them shared stories of injuries or fatalities, ranging from severe burns and head injuries to amputations.
The true number of incarcerated workers who are injured or killed each year remains largely unknown, partly due to privacy laws and prisoners’ reluctance to report injuries for fear of retaliation or losing privileges like visits with their families.
Dangerous jobs, little training
Prisoners are employed in poultry plants, sawmills, and industrial facilities. In many states, they are mandated to carry out hazardous tasks during disasters and emergencies, such as hazardous material cleanup.
They are also dispatched to combat wildfires, filling crucial gaps in labor shortages, including in rural areas in Georgia where incarcerated firefighters receive no pay as the primary responders for various emergencies.
States like California, Nevada, and Arizona also utilize prisoners in wildfire fighting efforts.
Prisoners who sustain injuries at work and seek legal recourse often encounter significant obstacles, including difficulty finding legal representation. This challenge has been exacerbated since the passage of the federal Prison Litigation Reform Act nearly three decades ago to address a surge in lawsuits amid rising prison populations.
Michael Duff, a labor law expert and professor at Saint Louis University, noted that a segment of society is being denied civil rights.
“We have a group of individuals who can be wronged without any means for redress,” he stated.
Currently, the U.S. incarcerates nearly 2 million people, a number that escalated in the 1980s with the enactment of tough-on-crime legislation.
Over 800,000 prisoners are engaged in various jobs, from food service within facilities to external work for private entities, including assignments at companies like Burger King and Tyson Foods. They also work for state agencies, municipalities, colleges, and non-profit organizations.
These arrangements are legal due to a loophole in the 13th Amendment to the U.S. Constitution, passed after the Civil War, which allows forced labor as punishment for a crime, effectively legalizing slavery in this context.
While some argue that not all prison labor should be abolished, they stress the importance of voluntary work, fair compensation, and humane treatment of prisoners.
Correctional officials and program administrators nationwide emphasize the significance of training and the seriousness with which they address injuries. Many prisoners see work as a welcome break from the monotony and violence inside correctional facilities.
