Rule 300-9-1-.01. General Documentation That Local Non-Inmate Workers Will Not Be Displaced by Inmate Labor

Pursuant to O.C.G.A. 42-5-120et seq. of the "Working Against Recidivism Act," enacted to authorize the State of Georgia's implementation of the federal Prison Industry Enhancement Certification Program (PIECP), the Georgia Department of Labor shall provide information to the Georgia Department of Corrections to assist the Department of Corrections in determining that inmates are paid wages at a rate that is not less than wages paid for work of a similar nature in the locality in which the work is performed, and that inmate labor will not result in the displacement of employed workers; nor be applied in skills, crafts, or trades in which there is a surplus of available gainful labor in the locality; nor impair existing contracts for services.

1. (a) Prior to the date of the need for inmate labor as a part of the Prison Industry Enhancement Certification Program (PIECP), the Department of Corrections shall file with the Department of Labor a letter of intent to initiate an inmate labor activity and a request for labor certification, pursuant to the provisions of O.C.G.A. 42-5-120et seq.

2. (b) The request for labor certification shall include a description of the proposed prison industry program and descriptions of the proposed prison industry jobs and/or job classifications. Information to be included with the request for labor certification shall include the following information for each job and/or job classification:

   1. 1. educational requirements;
   2. 2. job experience (if necessary);
   3. 3. an outline of activities to be performed;
   4. 4. specific responsibilities;
   5. 5. wage rate/progression for the position;
   6. 6. a description of each job; and
   7. 7. the geographic locality of the prison industry program work site.
3. (c) The Department of Corrections shall provide to the Department of Labor written documentation from the PIECP private sector employer reflecting such employer's agreement not to displace its non-inmate employees with PIECP inmate labor in violation of the 18 U.S.C. 1761(c) statutory note. The terms "displace" and "displacement" include inappropriate transfer of private sector job functions to PIECP inmates.

Authority: O.C.G.A. Sec. 42-5-120et seq.

History. Original Rule entitled "General Documentation That Local Non-Inmate Workers Will Not Be Displaced by Inmate Labor" adopted. F. Sept. 25, 2006; eff. Oct. 15, 2006.