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  <FDSYS>
    <CFRTITLE>28</CFRTITLE>
    <CFRTITLETEXT>Judicial Administration</CFRTITLETEXT>
    <VOL>2</VOL>
    <DATE>2006-07-01</DATE>
    <ORIGINALDATE>2006-07-01</ORIGINALDATE>
    <COVERONLY>false</COVERONLY>
    <TITLE>FEDERAL PRISON INDUSTRIES, INC., DEPARTMENT OF JUSTICE</TITLE>
    <GRANULENUM>III</GRANULENUM>
    <HEADING>CHAPTER III</HEADING>
    <ANCESTORS>
      <PARENT HEADING="Title 28" SEQ="0">Judicial Administration</PARENT>
    </ANCESTORS>
  </FDSYS>
  <CHAPTER>
    <LRH>28 CFR Ch. III (7-1-06 Edition)</LRH>
    <RRH>Federal Prison Industries, Justice</RRH>
    <TOC>
      <TOCHD>
        <PRTPAGE P="501"/>
        <HD SOURCE="HED">CHAPTER III—FEDERAL PRISON INDUSTRIES, INC., DEPARTMENT OFJUSTICE</HD>
      </TOCHD>
      <PTHD>Part</PTHD>
      <PGHD>Page</PGHD>
      <CHAPTI>
        <PT>301</PT>
        <SUBJECT>Inmate accident compensation</SUBJECT>
        <PG>503</PG>
        <PT>302</PT>
        <SUBJECT>Comments on UNICOR business operations</SUBJECT>
        <PG>511</PG>
        <PT>345</PT>
        <SUBJECT>Federal Prison Industries (FPI) inmate work programs</SUBJECT>
        <PG>511</PG>
      </CHAPTI>
    </TOC>
    <PART>
      <PRTPAGE P="503"/>
      <EAR>Pt. 301</EAR>
      <HD SOURCE="HED">PART 301—INMATE ACCIDENT COMPENSATION</HD>
      <CONTENTS>
        <SUBPART>
          <HD SOURCE="HED">Subpart A—General</HD>
          <SECHD>Sec.</SECHD>
          <SECTNO>301.101</SECTNO>
          <SUBJECT>Purpose and scope.</SUBJECT>
          <SECTNO>301.102</SECTNO>
          <SUBJECT>Definitions.</SUBJECT>
          <SECTNO>301.103</SECTNO>
          <SUBJECT>Inmate work assignments.</SUBJECT>
          <SECTNO>301.104</SECTNO>
          <SUBJECT>Medical attention.</SUBJECT>
          <SECTNO>301.105</SECTNO>
          <SUBJECT>Investigation and report of injury.</SUBJECT>
          <SECTNO>301.106</SECTNO>
          <SUBJECT>Repetitious accidents.</SUBJECT>
        </SUBPART>
        <SUBPART>
          <HD SOURCE="HED">Subpart B—Lost-Time Wages</HD>
          <SECTNO>301.201</SECTNO>
          <SUBJECT>Applicability.</SUBJECT>
          <SECTNO>301.202</SECTNO>
          <SUBJECT>Determination of work-relatedness.</SUBJECT>
          <SECTNO>301.203</SECTNO>
          <SUBJECT>Payment of lost-time wages.</SUBJECT>
          <SECTNO>301.204</SECTNO>
          <SUBJECT>Continuation of lost-time wages.</SUBJECT>
          <SECTNO>301.205</SECTNO>
          <SUBJECT>Appeal of determination.</SUBJECT>
        </SUBPART>
        <SUBPART>
          <HD SOURCE="HED">Subpart C—Compensation for Work-Related Physical Impairmentor Death</HD>
          <SECTNO>301.301</SECTNO>
          <SUBJECT>Compensable and noncompensable injuries.</SUBJECT>
          <SECTNO>301.302</SECTNO>
          <SUBJECT>Work-related death.</SUBJECT>
          <SECTNO>301.303</SECTNO>
          <SUBJECT>Time parameters for filing a claim.</SUBJECT>
          <SECTNO>301.304</SECTNO>
          <SUBJECT>Representation of claimant.</SUBJECT>
          <SECTNO>301.305</SECTNO>
          <SUBJECT>Initial determination.</SUBJECT>
          <SECTNO>301.306</SECTNO>
          <SUBJECT>Appeal of determination.</SUBJECT>
          <SECTNO>301.307</SECTNO>
          <SUBJECT>Notice, time and place of committee action.</SUBJECT>
          <SECTNO>301.308</SECTNO>
          <SUBJECT>Committee reconsideration.</SUBJECT>
          <SECTNO>301.309</SECTNO>
          <SUBJECT>In-person hearing before the committee.</SUBJECT>
          <SECTNO>301.310</SECTNO>
          <SUBJECT>Witnesses.</SUBJECT>
          <SECTNO>301.311</SECTNO>
          <SUBJECT>Expenses associated with appearance at committeehearing.</SUBJECT>
          <SECTNO>301.312</SECTNO>
          <SUBJECT>Notice of committee determination.</SUBJECT>
          <SECTNO>301.313</SECTNO>
          <SUBJECT>Chief Operating Officer review.</SUBJECT>
          <SECTNO>301.314</SECTNO>
          <SUBJECT>Establishing the amount of award.</SUBJECT>
          <SECTNO>301.315</SECTNO>
          <SUBJECT>Review of entitlement.</SUBJECT>
          <SECTNO>301.316</SECTNO>
          <SUBJECT>Subsequent incarceration of compensation recipient.</SUBJECT>
          <SECTNO>301.317</SECTNO>
          <SUBJECT>Medical treatment following release.</SUBJECT>
          <SECTNO>301.318</SECTNO>
          <SUBJECT>Civilian compensation laws distinguished.</SUBJECT>
          <SECTNO>301.319</SECTNO>
          <SUBJECT>Exclusiveness of remedy.</SUBJECT>
        </SUBPART>
      </CONTENTS>
      <AUTH>
        <HD SOURCE="HED">Authority:</HD>
        <P>18 U.S.C. 4126, 28 CFR 0.99, and by resolution of theBoard of Directors of Federal Prison Industries, Inc.</P>
      </AUTH>
      <SOURCE>
        <HD SOURCE="HED">Source:</HD>
        <P>55 FR 9296, Mar. 12, 1990, unless otherwise noted.</P>
      </SOURCE>
      <SUBPART>
        <HD SOURCE="HED">Subpart A—General</HD>
        <SECTION>
          <SECTNO>§ 301.101</SECTNO>
          <SUBJECT>Purpose and scope.</SUBJECT>
          <P>Pursuant to the authority granted at 18 U.S.C. 4126, the procedures set forthin this part govern the payment of accident compensation, necessitated as theresult of work-related injuries, to federal prison inmates or their dependents.Compensation may be awarded via two separate and distinct programs:</P>
          <P>(a) Inmate Accident Compensation may be awarded to former federal inmates ortheir dependents for physical impairment or death resultant from injuriessustained while performing work assignments in Federal Prison Industries, Inc.,in institutional work assignments involving the operation or maintenance of afederal correctional facility, or in approved work assignments for other federalentities; or,</P>
          <P>(b) Lost-time wages may be awarded to inmates assigned to Federal PrisonIndustries, Inc., to paid institutional work assignments involving the operationor maintenance of a federal correctional facility, or in approved workassignments for other federal entities for work-related injuries resulting intime lost from the work assignment.</P>
          <CITA>[55 FR 9296, Mar. 12, 1990, as amended at 59 FR 2666, Jan. 18, 1994]</CITA>
        </SECTION>
        <SECTION>
          <SECTNO>§ 301.102</SECTNO>
          <SUBJECT>Definitions.</SUBJECT>
          <P>(a) For purposes of this part, the term <E T="03">work-related injury</E>shall be defined to include any injury, including occupational disease orillness, proximately caused by the actual performance of the inmate's workassignment.</P>
          <P>(b)(1) For purposes of this part, the term <E T="03">release</E> is definedas the removal of an inmate from a Bureau of Prisons correctional facility uponexpiration of sentence, parole, final discharge from incarceration of a pretrialinmate, or transfer to a community corrections center or other non-federalfacility, at the conclusion of the period of confinement in which the injuryoccurred.</P>

          <P>(2) In the case of an inmate who suffers a work-related injury while housedat a community corrections center, <E T="03">release</E> is defined as theremoval of the inmate from the community corrections center upon expiration ofsentence, parole, or transfer to any non-federal facility, at the conclusion ofthe period of confinement in which the injury occurred.</P>

          <P>(3) In the case of an inmate who suffers a work-related injury while housedat a community corrections center and is subsequently transferred to a Bureau ofPrisons facility, <E T="03">release</E> is defined as <PRTPAGE P="504"/>the removal of the inmatefrom the Bureau of Prisons facility upon expiration of sentence, parole, ortransfer to a community corrections center or other non-federal facility.</P>
          <P>(c) For purposes of this part, the term <E T="03">dependent</E> is defined asthe legally recognized spouse or child of an inmate for whose support the inmateis legally responsible in whole or part.</P>
          <P>(d) For purposes of this part, the term <E T="03">work detail supervisor</E>may refer to either a Bureau of Prisons or a non-Bureau of Prisons supervisor.</P>
          <P>(e) For the purposes of this part, the phrase <E T="03">housed at</E> or <E T="03">based at</E> a “Bureau of Prisons institution” shall refer toan inmate that has a work assignment with a Bureau of Prisons institution orwith another federal entity and is incarcerated at a Bureau of Prisonsinstitution. For the purposes of this part, the phrase <E T="03">based at</E> or<E T="03">housed at</E> a “community corrections center” shall referto an inmate who has a work assignment for a non-Bureau of Prisons federalentity and is incarcerated at a community corrections center.</P>
          <CITA>[55 FR 9296, Mar. 12, 1990, as amended at 59 FR 2666, Jan. 18, 1994]</CITA>
        </SECTION>
        <SECTION>
          <SECTNO>§ 301.103</SECTNO>
          <SUBJECT>Inmate work assignments.</SUBJECT>
          <P>The unit team of each inmate, which ordinarily designates work assignments,or whoever makes work assignments, shall review appropriate medical records,presentence reports, admission summaries, and all other available informationprior to the designation of an inmate to a work assignment in an effort topreclude the assignment of an inmate to a work assignment not compatible withthe inmate's physical ability or condition.</P>
          <CITA>[55 FR 9296, Mar. 12, 1990, as amended at 59 FR 2667, Jan. 18, 1994]</CITA>
        </SECTION>
        <SECTION>
          <SECTNO>§ 301.104</SECTNO>
          <SUBJECT>Medical attention.</SUBJECT>
          <P>Whenever an inmate worker is injured while in the performance of assignedduty, regardless of the extent of the injury, the inmate shall immediatelyreport the injury to his official work detail supervisor. In the case ofinjuries on work details for other federal entities, the inmate shall alsoreport the injury as soon as possible to community corrections or institutionstaff, as appropriate. The work detail supervisor shall immediately secure suchfirst aid, medical, or hospital treatment as may be necessary for the propertreatment of the injured inmate. First aid treatment may be provided by anyknowledgeable individual. Medical, surgical, and hospital care shall be renderedunder the direction of institution medical staff for all inmates based at Bureauof Prisons institutions. In the case of inmates based at community correctionscenters, medical care shall be arranged by the work supervisor or by communitycorrections center staff in accordance with the medical needs of the inmate.Refusal by an inmate worker to accept such medical, surgical, hospital, or firstaid treatment recommended by medical staff or by other medical professionals mayresult in denial of any claim for compensation for any impairment resulting fromthe injury.</P>
          <CITA>[59 FR 2667, Jan. 18, 1994]</CITA>
        </SECTION>
        <SECTION>
          <SECTNO>§ 301.105</SECTNO>
          <SUBJECT>Investigation and report of injury.</SUBJECT>

          <P>(a) After initiating necessary action for medical attention, the work detailsupervisor shall immediately secure a record of the cause, nature, and exactextent of the injury. The work detail supervisor shall complete a BP-140,Injury Report (Inmate), on all injuries reported by the inmate, as well asinjuries observed by staff. In the case of injuries on work details for otherfederal entities, the work supervisor shall also immediately inform communitycorrections or institution staff, as appropriate, of the injury. The injuryreport shall contain a signed statement from the inmate on how the accidentoccurred. The names and statements of all witnesses (e.g., staff, inmates, orothers) shall be included in the report. If the injury resulted from theoperation of mechanical equipment, an identifying description or photograph ofthe machine or instrument causing the injury shall be obtained, to include adescription of all safety equipment used by the injured inmate at the time ofthe injury. Staff shall provide the inmate with a copy of the injury report.Staff shall then forward the original <PRTPAGE P="505"/>and remaining copies of the injury reportto the Institutional Safety Manager for review. In the case of inmates based atcommunity corrections centers, the work detail supervisor shall provide theinmate with a copy of the injury report and shall forward the original andremaining copies of the injury report to the Community Corrections Managerresponsible for the particular community corrections center where the inmate ishoused.</P>
          <P>(b) The Institution Safety Manager or Community Corrections Manager shallensure that a medical description of the injury is included on the BP-140whenever the injury requires medical attention. The Institution Safety Manageror Community Corrections Manager shall also ensure that the appropriate sectionsof BP-140, Page 2, Injury—Lost-Time Follow-Up Report, are completedand that all reported work injuries are properly documented.</P>
          <CITA>[59 FR 2667, Jan. 18, 1994]</CITA>
        </SECTION>
        <SECTION>
          <SECTNO>§ 301.106</SECTNO>
          <SUBJECT>Repetitious accidents.</SUBJECT>
          <P>If an inmate worker is involved in successive accidents on a particular worksite in a comparatively short period of time, regardless of whether injuryoccurs, and the circumstances of the accidents indicate an awkwardness orineptitude that, in the opinion of the inmate's work supervisor, implies adanger of further accidents in the task assigned, the inmate shall be assignedto another task more suitable to the inmate's ability.</P>
        </SECTION>
      </SUBPART>
      <SUBPART>
        <HD SOURCE="HED">Subpart B—Lost-Time Wages</HD>
        <SECTION>
          <SECTNO>§ 301.201</SECTNO>
          <SUBJECT>Applicability.</SUBJECT>
          <P>Lost-time wages shall be available only for inmates based at Bureau ofPrisons institutions.</P>
          <CITA>[59 FR 2667, Jan. 18, 1994]</CITA>
        </SECTION>
        <SECTION>
          <SECTNO>§ 301.202</SECTNO>
          <SUBJECT>Determination of work-relatedness.</SUBJECT>
          <P>(a) When the institution safety manager receives notice, or has reason tobelieve, a work-related injury may result in time lost from the work assignment,he or she shall present BP-140, Pages 1 and 2 (with the appropriatesections completed) to the Institution Safety Committee at the Committee's nextregularly scheduled meeting. The Safety Committee shall make a determination ofthe injury's work-relatedness based on the available evidence and testimony. Thedetermination shall be recorded on BP-140, Page 2, a copy of which shallbe provided to the inmate.</P>
          <P>(b) A determination of work-relatedness for purposes of awarding lost-timewages is not confirmation on the validity of any subsequent claim to receivecompensation for work-related physical impairment or death.</P>
          <CITA>[55 FR 9296, Mar. 12, 1990. Redesignated at 59 FR 2667, Jan. 18, 1994]</CITA>
        </SECTION>
        <SECTION>
          <SECTNO>§ 301.203</SECTNO>
          <SUBJECT>Payment of lost-time wages.</SUBJECT>
          <P>(a) An inmate worker may receive lost-time wages for the number of regularwork hours absent from work due to injury sustained in the performance of theassigned work.</P>
          <P>(b) Lost-time wages are paid for time lost in excess of three consecutivelyscheduled workdays. The day of injury is considered to be the first workdayregardless of the time of injury.</P>
          <P>(c) An inmate may receive lost-time wages at the rate of 75% of the standardhourly rate of the inmate's regular work assignment at the time of the injury.</P>
          <CITA>[55 FR 9296, Mar. 12, 1990. Redesignated at 59 FR 2667, Jan. 18, 1994]</CITA>
        </SECTION>
        <SECTION>
          <SECTNO>§ 301.204</SECTNO>
          <SUBJECT>Continuation of lost-time wages.</SUBJECT>
          <P>(a) Once approved, the inmate shall receive lost-time wages until the inmate:</P>
          <P>(1) Is released;</P>
          <P>(2) Is transferred to another institution for reasons unrelated to the workinjury;</P>
          <P>(3) Returns to the pre-injury work assignment;</P>
          <P>(4) Is reassigned to another work area or program for reasons unrelated tothe sustained work injury, or is placed into Disciplinary Segregation; or,</P>
          <P>(5) Refuses to return to a regular work assignment or to a lighter duty workassignment after medical certification of fitness for such duty.</P>

          <P>(b) An inmate medically certified as fit for return to work shall sustain nomonetary loss due to a required change in work assignment. Where there is no <PRTPAGE P="506"/>light duty or regular work assignment available at the same rate of pay as theinmate's pre-injury work assignment, the difference shall be paid in lost-timewages. Lost-time wages are paid until a light duty or regular work assignment atthe same pay rate as the inmate's pre-injury work assignment is available.</P>
          <CITA>[55 FR 9296, Mar. 12, 1990. Redesignated at 59 FR 2667, Jan. 18, 1994]</CITA>
        </SECTION>
        <SECTION>
          <SECTNO>§ 301.205</SECTNO>
          <SUBJECT>Appeal of determination.</SUBJECT>
          <P>An inmate who disagrees with the decision regarding payment of lost-timewages may appeal that decision exclusively through the Administrative RemedyProcedure. (See 28 CFR part 542.)</P>
          <CITA>[55 FR 9296, Mar. 12, 1990. Redesignated at 59 FR 2667, Jan. 18, 1994]</CITA>
        </SECTION>
      </SUBPART>
      <SUBPART>
        <HD SOURCE="HED">Subpart C—Compensation for Work-Related Physical Impairmentor Death</HD>
        <SECTION>
          <SECTNO>§ 301.301</SECTNO>
          <SUBJECT>Compensable and noncompensable injuries.</SUBJECT>
          <P>(a) No compensation for work-related injuries resulting in physicalimpairment shall be paid prior to an inmate's release.</P>
          <P>(b) Compensation may only be paid for work-related injuries or claimsalleging improper medical treatment of a work-related injury. This ordinarilyincludes only those injuries suffered during the performance of an inmate'sregular work assignment. However, injuries suffered during the performance ofvoluntary work in the operation or maintenance of the institution, when suchwork has been approved by staff, may also be compensable.</P>
          <P>(c) Compensation is not paid for injuries sustained during participation ininstitutional programs (such as programs of a social, recreational, or communityrelations nature) or from maintenance of one's own living quarters. Furthermore,compensation shall not be paid for injuries suffered away from the work location(e.g., while the claimant is going to or leaving work, or going to or comingfrom lunch outside of the work station or area).</P>
          <P>(d) Injuries sustained by inmate workers willfully or with intent to injuresomeone else, or injuries suffered in any activity not related to the actualperformance of the work assignment are not compensable, and no claim forcompensation for such injuries will be approved. Willful violation of rules andregulations may result in denial of compensation for any resulting injury.</P>
        </SECTION>
        <SECTION>
          <SECTNO>§ 301.302</SECTNO>
          <SUBJECT>Work-related death.</SUBJECT>
          <P>A claim for compensation as the result of work-related death may be filed bya dependent of the deceased inmate up to one year after the inmate's work-related death. The claim shall be submitted directly to the Claims Examiner,Federal Bureau of Prisons, 320 First Street NW., Washington, DC 20534.</P>
        </SECTION>
        <SECTION>
          <SECTNO>§ 301.303</SECTNO>
          <SUBJECT>Time parameters for filing a claim.</SUBJECT>
          <P>(a) No more than 45 days prior to the date of an inmate's release, but noless than 15 days prior to this date, each inmate who feels that a residualphysical impairment exists as a result of an industrial, institution, or otherwork-related injury shall submit a FPI Form 43, Inmate Claim for Compensation onAccount of Work Injury. Assistance will be given the inmate to properly preparethe claim, if the inmate wishes to file. In each case a definite statement shallbe made by the claimant as to the impairment caused by the alleged injury. Thecompleted claim form shall be submitted to the Institution Safety Manager orCommunity Corrections Manager for processing.</P>
          <P>(b) In the case of an inmate based at a community corrections center who isbeing transferred to a Bureau of Prisons institution, the Community CorrectionsManager shall forward all materials relating to an inmate's work-related injuryto the Institution Safety Manager at the particular institution where an inmateis being transferred, for eventual processing by the Safety Manager prior to theinmate's release from that institution.</P>

          <P>(c) Each claimant shall submit to a medical examination to determine thedegree of physical impairment. Refusal, or failure, to submit to such a medicalexamination shall result in the <PRTPAGE P="507"/>forfeiture of all rights to compensation. Ineach case of visible impairment, disfigurement, or loss of member, photographsshall be taken to show the actual condition and shall be transmitted with FPIForm 43.</P>
          <P>(d) The claim, after completion by the physician conducting the impairmentexamination, shall be returned to the Institution Safety Manager or CommunityCorrections Manager for final processing. It shall then be forwarded promptly tothe Claims Examiner, Federal Bureau of Prisons, 320 First Street NW.,Washington, DC 20534.</P>
          <P>(e) It is the responsibility of each claimant to advise the Claims Examinerof his or her current address, in writing, at all times during the pendency of aclaim for Inmate Accident Compensation.</P>
          <P>(f) When circumstances preclude submission in accordance with the provisionsof paragraph (a) of this section, a claim may be accepted up to 60 daysfollowing release. Additionally, a claim for impairment may be accepted up toone year after release, for good cause shown. In such cases the claim shall besubmitted directly to the Claims Examiner, Federal Bureau of Prisons, 320 FirstStreet NW., Washington, DC 20534.</P>
          <CITA>[55 FR 9296, Mar. 12, 1990, as amended at 59 FR 2667, Jan. 18, 1994]</CITA>
        </SECTION>
        <SECTION>
          <SECTNO>§ 301.304</SECTNO>
          <SUBJECT>Representation of claimant.</SUBJECT>
          <P>(a) Any person may represent the claimant's interest in any proceeding fordetermination of a claim under this part, so long as that person is not confinedin any federal, state or local correctional facility. Written appointment of arepresentative, signed by the claimant, must be submitted before therepresentative's authority to act on behalf of the claimant may be acknowledged.</P>
          <P>(b) It is not necessary that a claimant employ an attorney or other person toassert a claim or effect collection of an award. Under no circumstances will theassignment of any award be recognized, nor will attorney fees be paid by FederalPrison Industries, Inc.</P>
        </SECTION>
        <SECTION>
          <SECTNO>§ 301.305</SECTNO>
          <SUBJECT>Initial determination.</SUBJECT>
          <P>A claim for inmate accident compensation shall be determined by a ClaimsExaminer under authority delegated by the Board of Directors of Federal PrisonIndustries, Inc., pursuant to 28 CFR 0.99. In determining the claim, the ClaimsExaminer will consider all available evidence. Written notice of thedetermination, including the reasons therefore, together with notification ofthe right to appeal the determination, shall be mailed to the claimant at theclaimant's last known address, or to the claimant's duly appointedrepresentative.</P>
        </SECTION>
        <SECTION>
          <SECTNO>§ 301.306</SECTNO>
          <SUBJECT>Appeal of determination.</SUBJECT>
          <P>(a) An Inmate Accident Compensation Committee (hereafter referred to as the“Committee”) shall be appointed by the Chief Operating Officer,Federal Prison Industries, Inc., under authority delegated by the Board ofDirectors of Federal Prison Industries, Inc., pursuant to 28 CFR 0.99. TheCommittee shall consist of four members and four alternate members, with anythree thereof required to form a quorum for decision-making purposes.</P>
          <P>(b) Any claimant not satisfied with any decision of the Claims Examinerconcerning the amount or right to compensation shall, upon written request madewithin 30 days after the date of issuance of such determination, or up to 30days thereafter upon a showing of reasonable cause, be afforded an opportunityfor either an in-person hearing before the Committee, or Committeereconsideration of the decision. A claimant may request an in-person hearing orreconsideration by writing to the Inmate Accident Compensation Committee,Federal Bureau of Prisons, 320 First Street NW., Washington, DC 20534.</P>

          <P>(c) Upon receipt of claimant's request, a determination will be maderegarding the timeliness of the filing. If the request is timely filed, or ifreasonable cause exists to accept the request filed in an untimely manner, therequest shall be accepted. Once accepted, a copy of the information upon whichthe Claims Examiner's initial determination was based shall be mailed to theclaimant at the claimant's last known address, or to claimant's duly <PRTPAGE P="508"/>appointedrepresentative, provided the release of such information is not determined topose a threat to the safety of the claimant, any other inmate, or staff.</P>
        </SECTION>
        <SECTION>
          <SECTNO>§ 301.307</SECTNO>
          <SUBJECT>Notice, time and place of committee action.</SUBJECT>
          <P>(a) Committee action shall ordinarily occur within 60 days of the receipt ofclaimant's request, except as provided in this section. Notice of the date setfor Committee action shall be mailed to the claimant at the claimant's lastknown address, or to claimant's duly appointed representative. All Committeeaction shall be conducted at the Central Office of the Bureau of Prisons, 320First Street NW., Washington, DC 20534.</P>
          <P>(b) A hearing or reconsideration may be postponed at the option of theCommittee, or, if good cause is shown, upon request of the claimant. A claimantmay change the request from either hearing to reconsideration or reconsiderationto hearing, provided notice of such change is received at least 10 days prior tothe previously scheduled action.</P>
        </SECTION>
        <SECTION>
          <SECTNO>§ 301.308</SECTNO>
          <SUBJECT>Committee reconsideration.</SUBJECT>
          <P>If the claimant elects to have the Committee reconsider any decision of theClaims Examiner, the claimant may submit documentary evidence which theCommittee shall consider in addition to the original record. The Committee mustreceive evidence no less than 10 days prior to the date of reconsideration, andmay request additional documentary evidence from the claimant or any othersource.</P>
        </SECTION>
        <SECTION>
          <SECTNO>§ 301.309</SECTNO>
          <SUBJECT>In-person hearing before the committee.</SUBJECT>
          <P>(a) The appeal shall be considered to have been abandoned if the claimantfails to appear at the time and place set for the hearing and does not, within10 days after the time set for that hearing, show good cause for failure toappear.</P>
          <P>(b) In conducting the hearing, the Committee is not bound by common law orstatutory rules of evidence, or by technical or formal rules of procedure, butmay conduct the hearing in such manner as to best ascertain the rights andobligations of the claimant and the government. At such hearing, the claimantshall be afforded an opportunity to present evidence in support of the claimunder review.</P>
          <P>(c) The Committee shall consider all evidence presented by the claimant, andshall, in addition, consider any other evidence as the Committee may determineto be useful in evaluating the claim. Evidence may be presented orally and/or inthe form of written statements and exhibits.</P>
          <P>(d) A representative appointed in accordance with the provisions of thissection may make or give, on behalf of the claimant, any request or noticerelative to any proceeding before the Committee. A representative shall beentitled to present or elicit evidence or make allegations as to fact and law inany proceeding affecting the claimant and to request information with respect tothe claim. Likewise, any request for additional information, or notice to anyclaimant of any administrative action, determination, or decision, may be sentto the representative of such claimant, and shall have the same force and effectas if it had been sent to the claimant.</P>
          <P>(e) In order to fully evaluate the claim, the Committee may question theclaimant and any witness(es) appearing before the Committee on behalf of theclaimant or government.</P>
          <P>(f) Claimant, or claimant's representative, may question the Committee or anywitness(es) appearing before the Committee on behalf of the government, but onlyon matters determined by the Committee to be relevant to its evaluation of theclaim.</P>
          <P>(g) The hearing shall be recorded, and a copy of the recording or, at thediscretion of the Committee, a transcript thereof shall be made available to theclaimant upon request, provided such request is made not later than 90 daysfollowing the date of the hearing.</P>
        </SECTION>
        <SECTION>
          <SECTNO>§ 301.310</SECTNO>
          <SUBJECT>Witnesses.</SUBJECT>

          <P>(a) If a claimant wishes to present witnesses at the hearing, the claimantmust provide the Committee, no less than 10 days before the scheduled hearingdate, the name and address of each proposed witness, along with an outline <PRTPAGE P="509"/>ofeach witness' testimony. The Committee may limit the number of witnesses who mayappear at a hearing, however, the Committee has no authority to compel theattendance of any witness.</P>
          <P>(b) Any person confined in a Federal, State, or local penal or correctionalinstitution at the time of the hearing may not appear as a witness, but thatperson's testimony may be submitted in the form of a written statement.</P>
        </SECTION>
        <SECTION>
          <SECTNO>§ 301.311</SECTNO>
          <SUBJECT>Expenses associated with appearance at committee hearing.</SUBJECT>
          <P>Federal Prison Industries, Inc., may not assume responsibility for anyexpenses incurred by the claimant, claimant's representative, or any witnessappearing on behalf of the claimant in connection with attendance at thehearing, as well as any other costs relating to any representative, witnesses,or evidence associated with a hearing before the Committee.</P>
        </SECTION>
        <SECTION>
          <SECTNO>§ 301.312</SECTNO>
          <SUBJECT>Notice of committee determination.</SUBJECT>
          <P>The Committee shall mail written notice of its decision to affirm, reverse,or amend the Claims Examiner's initial determination, with the reasons for itsdecision, to the claimant at the claimant's last known address, or to claimant'sduly appointed representative, no later than 30 days after the date of thehearing unless the Committee needs to make a further investigation as a resultof information received at the hearing. If the Committee conducts furtherinvestigation subsequent to the hearing, the decision notice shall be mailed nolater than 30 days after the conclusion of the Committee's investigation.</P>
        </SECTION>
        <SECTION>
          <SECTNO>§ 301.313</SECTNO>
          <SUBJECT>Chief Operating Officer review.</SUBJECT>
          <P>Any claimant not satisfied with the Committee's reconsidered decision ordecision after a hearing may appeal such decision to the Chief OperatingOfficer, Federal Prison Industries, Inc., 320 First Street NW., Washington, DC20534. A written request for such an appeal must be received no later than 90days after the date of notice of the Committee's decision. The Chief OperatingOfficer shall review the record and affirm, reverse or amend the Committee'sdecision no later than 90 days after receipt of claimant's notice of appeal.Written notice of the Chief Operating Officer's decision shall be mailed to theclaimant's last known address, or to the claimant's representative.</P>
        </SECTION>
        <SECTION>
          <SECTNO>§ 301.314</SECTNO>
          <SUBJECT>Establishing the amount of award.</SUBJECT>
          <P>(a) If a claim for Inmate Accident Compensation is approved, the amount ofcompensation shall be based upon the degree of physical impairment existent atthe time of the claimant's release regardless of when during the claimant'speriod of confinement the injury was sustained. No claim for compensation willbe approved if full recovery occurs while the inmate is in custody and noimpairment remains at the time of release.</P>

          <P>(b) In determining the amount of accident compensation to be paid, thepermanency and severity of the injury in terms of functional impairment shall beconsidered. The provisions of the Federal Employees' Compensation Act (FECA) (5U.S.C. 8101, <E T="03">et seq</E>.) shall be followed when practicable. The FECAestablishes a set number of weeks of compensation applicable for injuries tospecific body members or organs (section 8107).</P>
          <P>(c) All awards of Inmate Accident Compensation shall be based upon theminimum wage (as prescribed by the Fair Labor Standards Act).</P>
          <P>(1) For body members or organs covered under section 8107, the minimum wageapplicable at the time of the award shall be used as the basis for determiningthe amount of compensation. Awards regarding injury to body members or organscovered under section 8107 shall be paid in a lump sum. Acceptance of such anaward shall constitute full and final settlement of the claim for compensation.</P>

          <P>(2) For body members or organs not covered under section 8107, awards will bepaid on a monthly basis because such awards are subject to periodic review ofentitlement. The minimum wage applicable at the time of each monthly paymentshall be used in determining the amount of each monthly payment. Monthlypayments are ordinarily mailed the first day of the <PRTPAGE P="510"/>month following the month inwhich the award is effective.</P>
        </SECTION>
        <SECTION>
          <SECTNO>§ 301.315</SECTNO>
          <SUBJECT>Review of entitlement.</SUBJECT>
          <P>(a) Each monthly compensation recipient shall be required, upon request ofthe Claims Examiner, to submit to a medical examination, by a physicianspecified or approved by the Claims Examiner, to determine the current status ofhis physical impairment. Any reduction in the degree of physical impairmentrevealed by this examination shall result in a commensurate reduction in theamount of monthly compensation provided. Failure to submit to this physicalexamination shall be deemed refusal, and shall ordinarily result in denial offuture compensation. The costs associated with this examination shall be borneby Federal Prison Industries, Inc.</P>
          <P>(b) Inasmuch as compensation awards are based upon the minimum wage, anyincome received by a compensation recipient which exceeds the annual incomeavailable at the minimum wage (based upon a 40 hour work week), including SocialSecurity or veterans benefits received as the result of the work-related injuryfor which Inmate Accident Compensation has been awarded, shall be deemedexcessive. The amount of compensation payable to a claimant with an incomedeemed excessive shall be reduced at the rate of one dollar for each two dollarsof earned and benefit income which exceeds the annual income available atminimum wage. Each monthly compensation recipient shall be required to provide astatement of earnings on an annual basis, or as otherwise requested. Failure toprovide this statement shall result in the suspension or denial of all InmateAccident Compensation benefits until such time as satisfactory evidence ofcontinued eligibility is provided.</P>
        </SECTION>
        <SECTION>
          <SECTNO>§ 301.316</SECTNO>
          <SUBJECT>Subsequent incarceration of compensation recipient.</SUBJECT>
          <P>If a claimant, who has been awarded compensation on a monthly basis, is orbecomes incarcerated at any federal, state, or local correctional facility,monthly compensation payments payable to the claimant shall ordinarily besuspended until such time as the claimant is released from the correctionalfacility.</P>
          <CITA>[59 FR 2667, Jan. 18, 1994]</CITA>
        </SECTION>
        <SECTION>
          <SECTNO>§ 301.317</SECTNO>
          <SUBJECT>Medical treatment following release.</SUBJECT>
          <P>Federal Prison lndustries, Inc., may not pay the cost of medical, hospitaltreatment, or any other related expense incurred after release from confinementunless such cost is authorized by the Claims Examiner in advance, or the ClaimsExaminer determines that circumstances warrant the waiver of this requirement.Generally, the payment of such costs is limited to impairment evaluations, ortreatments intended to reduce the degree of physical impairment, conducted atthe direction of the Claims Examiner. The amount of a payment for medicaltreatment is limited to reasonable expenses incurred, such as those amountsauthorized under the applicable fee schedule established pursuant to 42 U.S.C.1395w-4 for the Department of Health and Human Services Medicare program.</P>
          <CITA>[55 FR 9296, Mar. 12, 1990, as amended at 59 FR 2667, Jan. 18, 1994]</CITA>
        </SECTION>
        <SECTION>
          <SECTNO>§ 301.318</SECTNO>
          <SUBJECT>Civilian compensation laws distinguished.</SUBJECT>
          <P>The Inmate Accident Compensation system is not obligated to comply with theprovisions of any other system of worker's compensation except where stated inthis part. Awards made under the provisions of the Inmate Accident Compensationprocedure differ from awards made under civilian workmen's compensation laws inthat hospitalization is usually completed prior to the inmate's release from theinstitution and, except for a three-day waiting period, the inmate receiveswages while absent from work. Other factors necessarily must be considered thatdo not enter into the administration of civilian workmen's compensation laws. Asin the case of federal employees who allege they have sustained work-relatedinjuries, the burden of proof lies with the claimant to establish that theclaimed impairment is causally related to the claimant's work assignment.</P>
        </SECTION>
        <SECTION>
          <PRTPAGE P="511"/>
          <SECTNO>§ 301.319</SECTNO>
          <SUBJECT>Exclusiveness of remedy.</SUBJECT>

          <P>Inmates who are subject to the provisions of these Inmate AccidentCompensation regulations are barred from recovery under the Federal Tort ClaimsAct (28 U.S.C. 2671 <E T="03">et seq.</E>). Recovery under the Inmate AccidentCompensation procedure was declared by the U.S. Supreme Court to be theexclusive remedy in the case of work-related injury. <E T="03">U.S.</E> v. <E T="03">Demko,</E> 385 U.S. 149 (1966).</P>
          <CITA>[55 FR 9296, Mar. 12, 1990, as amended at 59 FR 2667, Jan. 18, 1994]</CITA>
        </SECTION>
      </SUBPART>
    </PART>
    <PART>
      <EAR>Pt. 302</EAR>
      <HD SOURCE="HED">PART 302—COMMENTS ON UNICOR BUSINESS OPERATIONS</HD>
      <AUTH>
        <HD SOURCE="HED">Authority:</HD>
        <P>18 U.S.C. 4126, and by resolution of the Board ofDirectors of Federal Prison Industries, Inc.</P>
      </AUTH>
      <SECTION>
        <SECTNO>§ 302.1</SECTNO>
        <SUBJECT>Public and private sector comment procedures.</SUBJECT>
        <P>(a) Any interested party having any comment concerning the businessoperations of Federal Prison Industries, Inc. (UNICOR) may write to the ChiefOperating Officer of UNICOR, or to the Chairman of the Board of Directors ofUNICOR, and bring such matters to the attention of either or both officials.Where appropriate, a response shall promptly be made. The Board shall be keptadvised of all comments and responses.</P>
        <P>(b) Address correspondence as follows:</P>
        <P>(1) Chief Operating Officer, Federal Prison Industries, Inc., 320 FirstStreet, NW., Washington, DC 20534, Attn: Comment Procedures; or</P>
        <P>(2) Board of Directors, Federal Prison Industries, Inc., 320 First Street,NW., Washington, DC 20534, Attn: Comment Procedures.</P>
        <P>(c) This section does not apply to inmate complaints which are properlyraised through the procedures provided in the Bureau of Prisons' rule onAdministrative Remedy (28 CFR part 42).</P>
        <CITA>[55 FR 30668, July 26, 1990, as amended at 69 FR 1524, Jan. 9, 2004]</CITA>
      </SECTION>
    </PART>
    <PART>
      <EAR>Pt. 345</EAR>
      <HD SOURCE="HED">PART 345—FEDERAL PRISON INDUSTRIES (FPI) INMATEWORK PROGRAMS</HD>
      <CONTENTS>
        <SUBPART>
          <HD SOURCE="HED">Subpart A—Purpose and Scope</HD>
          <SECHD>Sec.</SECHD>
          <SECTNO>345.10</SECTNO>
          <SUBJECT>Purpose and scope.</SUBJECT>
        </SUBPART>
        <SUBPART>
          <HD SOURCE="HED">Subpart B—Definitions</HD>
          <SECTNO>345.11</SECTNO>
          <SUBJECT>Definitions.</SUBJECT>
        </SUBPART>
        <SUBPART>
          <HD SOURCE="HED">Subpart C—Position Classification</HD>
          <SECTNO>345.20</SECTNO>
          <SUBJECT>Position classification.</SUBJECT>
        </SUBPART>
        <SUBPART>
          <HD SOURCE="HED">Subpart D—Recruitment and Hiring Practices</HD>
          <SECTNO>345.31</SECTNO>
          <SUBJECT>Recruitment.</SUBJECT>
          <SECTNO>345.32</SECTNO>
          <SUBJECT>Hiring.</SUBJECT>
          <SECTNO>345.33</SECTNO>
          <SUBJECT>Waiting list hiring exceptions.</SUBJECT>
          <SECTNO>345.34</SECTNO>
          <SUBJECT>Refusal to employ.</SUBJECT>
          <SECTNO>345.35</SECTNO>
          <SUBJECT>Assignments to FPI.</SUBJECT>
        </SUBPART>
        <SUBPART>
          <HD SOURCE="HED">Subpart E—Inmate Worker Standards and Performance Appraisal</HD>
          <SECTNO>345.40</SECTNO>
          <SUBJECT>General.</SUBJECT>
          <SECTNO>345.41</SECTNO>
          <SUBJECT>Performance appraisal for inmate workers.</SUBJECT>
          <SECTNO>345.42</SECTNO>
          <SUBJECT>Inmate worker dismissal.</SUBJECT>
        </SUBPART>
        <SUBPART>
          <HD SOURCE="HED">Subpart F—Inmate Pay and Benefits</HD>
          <SECTNO>345.50</SECTNO>
          <SUBJECT>General.</SUBJECT>
          <SECTNO>345.51</SECTNO>
          <SUBJECT>Inmate pay.</SUBJECT>
          <SECTNO>345.52</SECTNO>
          <SUBJECT>Premium pay.</SUBJECT>
          <SECTNO>345.53</SECTNO>
          <SUBJECT>Piecework rates.</SUBJECT>
          <SECTNO>345.54</SECTNO>
          <SUBJECT>Overtime compensation.</SUBJECT>
          <SECTNO>345.55</SECTNO>
          <SUBJECT>Longevity pay.</SUBJECT>
          <SECTNO>345.56</SECTNO>
          <SUBJECT>Vacation pay.</SUBJECT>
          <SECTNO>345.57</SECTNO>
          <SUBJECT>Administrative pay.</SUBJECT>
          <SECTNO>345.58</SECTNO>
          <SUBJECT>Holiday pay.</SUBJECT>
          <SECTNO>345.59</SECTNO>
          <SUBJECT>Inmate performance pay.</SUBJECT>
          <SECTNO>345.60</SECTNO>
          <SUBJECT>Training pay.</SUBJECT>
          <SECTNO>345.61</SECTNO>
          <SUBJECT>Inmate earnings statement.</SUBJECT>
          <SECTNO>345.62</SECTNO>
          <SUBJECT>Inmate accident compensation.</SUBJECT>
          <SECTNO>345.63</SECTNO>
          <SUBJECT>Funds due deceased inmates.</SUBJECT>
          <SECTNO>345.64</SECTNO>
          <SUBJECT>Referral of releasable medical data to FPI staff.</SUBJECT>
          <SECTNO>345.65</SECTNO>
          <SUBJECT>Inmate medical work limitation.</SUBJECT>
          <SECTNO>345.66</SECTNO>
          <SUBJECT>Claims limitation.</SUBJECT>
          <SECTNO>345.67</SECTNO>
          <SUBJECT>Retention of benefits.</SUBJECT>
        </SUBPART>
        <SUBPART>
          <HD SOURCE="HED">Subpart G—Awards Program</HD>
          <SECTNO>345.70</SECTNO>
          <SUBJECT>General.</SUBJECT>
          <SECTNO>345.71</SECTNO>
          <SUBJECT>Official commendations.</SUBJECT>
          <SECTNO>345.72</SECTNO>
          <SUBJECT>Cash bonus or cash award.</SUBJECT>
          <SECTNO>345.73</SECTNO>
          <SUBJECT>Procedures for granting awards for suggestions orinventions.</SUBJECT>
          <SECTNO>345.74</SECTNO>
          <SUBJECT>Awards for special achievements for inmate workers.</SUBJECT>
        </SUBPART>
        <SUBPART>
          <PRTPAGE P="512"/>
          <HD SOURCE="HED">Subpart H—FPI Inmate Training and Scholarship Programs</HD>
          <SECTNO>345.80</SECTNO>
          <SUBJECT>General.</SUBJECT>
          <SECTNO>345.81</SECTNO>
          <SUBJECT>Pre-industrial training.</SUBJECT>
          <SECTNO>345.82</SECTNO>
          <SUBJECT>Apprenticeship training.</SUBJECT>
          <SECTNO>345.83</SECTNO>
          <SUBJECT>Job safety training.</SUBJECT>
          <SECTNO>345.84</SECTNO>
          <SUBJECT>The FPI scholarship fund.</SUBJECT>
        </SUBPART>
      </CONTENTS>
      <AUTH>
        <HD SOURCE="HED">Authority:</HD>
        <P>18 U.S.C. 4126, 28 CFR 0.99, and by resolution of theBoard of Directors of Federal Prison Industries, Inc.</P>
      </AUTH>
      <SOURCE>
        <HD SOURCE="HED">Source:</HD>
        <P>60 FR 15827, Mar. 27, 1995, unless otherwise noted.</P>
      </SOURCE>
      <SUBPART>
        <HD SOURCE="HED">Subpart A—Purpose and Scope</HD>
        <SECTION>
          <SECTNO>§ 345.10</SECTNO>
          <SUBJECT>Purpose and scope.</SUBJECT>
          <P>It is the policy of the Bureau of Prisons to provide work to all inmates(including inmates with a disability who, with or without reasonableaccommodations, can perform the essential tasks of the work assignment) confinedin a federal institution. Federal Prison Industries, Inc. (FPI) was establishedas a program to provide meaningful work for inmates. This work is designed toallow inmates the opportunity to acquire the knowledge, skills, and work habitswhich will be useful when released from the institution. There is no statutoryrequirement that inmates be paid for work in an industrial assignment. 18 U.S.C.4126, however, provides for discretionary compensation to inmates working inIndustries. Under this authority, inmates of the same grade jobs, regardless ofthe basis of pay (hourly, group piece, or individual piece rates) shall receiveapproximately the same compensation. All pay rates under this part areestablished at the discretion of Federal Prison Industries, Inc. Any alterationor termination of the rates shall require the approval of the Federal PrisonIndustries' Board of Directors. While the Warden is responsible for the localadministration of Inmate Industrial Payroll regulations, no pay system isinitiated or changed without prior approval of the Assistant Director,Industries, Education and Vocational Training (Assistant Director).</P>
        </SECTION>
      </SUBPART>
      <SUBPART>
        <HD SOURCE="HED">Subpart B—Definitions</HD>
        <SECTION>
          <SECTNO>§ 345.11</SECTNO>
          <SUBJECT>Definitions.</SUBJECT>
          <P>(a) <E T="03">Federal Prison Industries, Inc. (FPI)</E>—A governmentcorporation organizationally within the Bureau of Prisons whose mission is toprovide work simulation programs and training opportunities for inmates confinedin Federal correctional facilities. The commercial or “trade” nameof Federal Prison Industries, Inc. is UNICOR. Most factories or shops of FederalPrison Industries, Inc. are commonly referred to as “UNICOR” or as“Industries”. Where these terms are used, they refer to FPIproduction locations and to the corporation as a whole. UNICOR, FPI, andIndustries are used interchangeably in this manner. For these purposes, FederalPrison Industries, Inc. will hereinafter be referred to as FPI.</P>
          <P>(b) <E T="03">Superintendent of Industries (SOI)</E>—The Superintendentof Industries, also referred to as Associate Warden/Industries and Education, isresponsible for the efficient management and operation of an FPI factory.Hereinafter, referred to as SOI.</P>
          <P>(c) <E T="03">FPI work status</E>—Assignment to an Industries workdetail.</P>
          <P>(1) An inmate is in FPI work status if on the job, on sick call during theinmate's assigned hours, on furlough, on vacation, for the first thirty days onwrit, for the first 30 days in administrative detention, or for the first 30days on medical idle for FPI work-related injury so long as the injury did notresult from an intentional violation by the inmate of work safety standards.</P>
          <P>(2) <E T="03">Full-time work status.</E> A work schedule for an inmateconsisting of 90% or more of the normal FPI factory work week.</P>
          <P>(3) <E T="03">Part-time work status.</E> A work schedule of less than 90% ofthe normal FPI factory work week.</P>
          <P>(d) <E T="03">Unit Team</E>—Bureau of Prisons staff responsible for themanagement of inmates and the delivery of programs and services. The Unit Teammay consist of a unit manager, case manager, correctional counselor, unitsecretary, unit officer, education representative, and psychologist.<PRTPAGE P="513"/>
          </P>
          <P>(e) <E T="03">Unit Discipline Committee (UDC)</E>—The term <E T="03">Unit Discipline Committee</E> refers to one or more institution staffmembers delegated by the Warden with the authority and duty to hold an initialhearing upon completion of the investigation concerning alleged charge(s) ofinmate misconduct (see 28 CFR 541.15). The Warden shall authorize these staffmembers to impose minor sanctions for violation of prohibited act(s).</P>
          <P>(f) <E T="03">Discipline hearing officer (DHO)</E>—This term refers toan independent discipline hearing officer who is responsible for conductingInstitution Discipline Hearings and who imposes appropriate sanctions forincidents of inmate misconduct referred for disposition following the hearingrequired by 28 CFR 541.15 before the UDC.</P>
          <P>(g) <E T="03">Pretrial inmate</E>—The definition of pretrial inmate in28 CFR 551.101(a) is applicable to this part.</P>
          <CITA>[60 FR 15827, Mar. 27, 1995, as amended at 61 FR 59168, Nov. 20, 1996; 64FR 32169, June 15, 1999]</CITA>
        </SECTION>
      </SUBPART>
      <SUBPART>
        <HD SOURCE="HED">Subpart C—Position Classification</HD>
        <SECTION>
          <SECTNO>§ 345.20</SECTNO>
          <SUBJECT>Position classification.</SUBJECT>
          <P>(a) Inmate worker positions must be assigned an appropriate level of pay. Allinmate workers shall be informed of the objectives and principles of payclassification as a part of the routine orientation of new FPI inmate workers.</P>
          <P>(b) The Warden and SOI have the responsibility for position classification ateach location.</P>
        </SECTION>
      </SUBPART>
      <SUBPART>
        <HD SOURCE="HED">Subpart D—Recruitment and Hiring Practices</HD>
        <SECTION>
          <SECTNO>§ 345.31</SECTNO>
          <SUBJECT>Recruitment.</SUBJECT>
          <P>Inmate workers for FPI locations may be recruited through admission andorientation lectures or through direct recruiting.</P>
        </SECTION>
        <SECTION>
          <SECTNO>§ 345.32</SECTNO>
          <SUBJECT>Hiring.</SUBJECT>
          <P>(a) Inmate workers are ordinarily hired through waiting lists. Except asnoted in § 345.33, inmates are to be placed on the waiting lists inorder of receipt of applications for work with Industries, and are to be hiredin the same sequence.</P>
          <P>(b) Waiting lists are to be maintained and kept available for scrutiny byauditors and other staff with a need to know. SOI's are encouraged to maintain awaiting list for each FPI factory.</P>
        </SECTION>
        <SECTION>
          <SECTNO>§ 345.33</SECTNO>
          <SUBJECT>Waiting list hiring exceptions.</SUBJECT>
          <P>(a) <E T="03">Needed skills.</E> An inmate may be hired ahead of otherinmates on the waiting list if the inmate possesses needed skills and the SOIdocuments the reasons for the action in the position classification files.</P>
          <P>(b) <E T="03">Prior FPI work assignment.</E> An inmate with prior FPI workexperience during the inmate's current commitment and with no break in custodywill ordinarily be placed within the top ten percent of the waiting lists unlessthe inmate was transferred for disciplinary reasons, was placed in segregation,or voluntarily left the FPI work assignment for non-program reasons (i.e. forsome reason other than formal education, vocational training, drug abuse orsimilar formal programs). For example, an inmate transferred administrativelyfor nondisciplinary reasons, and who has documented credit as a prior worker, iscovered under the provisions of this paragraph.</P>
          <P>(c) <E T="03">Industry closing and relocation.</E> When an FPI factory closesin a location with two or more FPI factories, an inmate worker affected may betransferred to remaining FPI factories ahead of the top portion of the inmateson the waiting lists, so there is no break in active duty with FPI. Such actionsare also in order where the work force of an industry is reduced to meetinstitution or FPI needs. An inmate transferred under the provisions of thispart will have the same benefits as any intra-industry transfer.</P>
          <P>(d) <E T="03">Disciplinary transfers.</E> An inmate who is a disciplinarytransfer from the last institution designated and who wishes re-assignment inFPI at the receiving institution may be hired on a case-by-case basis at thediscretion of the SOI, who should consider the security level and reasons forthe misconduct. Such an inmate, despite prior experience, is not due specialplacement on the waiting list, is not given <PRTPAGE P="514"/>advance hiring preference, and doesnot receive consideration for accelerated promotion back to the grade held attime of transfer.</P>
          <P>(e) <E T="03">Special needs.</E> For special needs, such as Inmate FinancialResponsibility assignment to assist in paying a significant financial obligationor for release preparation, the unit team may recommend an inmate for priorityplacement on the waiting list. Such placement must be documented and include thereason for the exception.</P>
        </SECTION>
        <SECTION>
          <SECTNO>§ 345.34</SECTNO>
          <SUBJECT>Refusal to employ.</SUBJECT>
          <P>(a) The SOI has authority to refuse an FPI assignment to an inmate who, inthe judgment of the SOI, would constitute a serious threat to the orderly andsafe operation of the FPI factory. A refusal to assign must be documented by amemorandum to the unit team listing reasons for the refusal, with a copy to theposition classification files in FPI. Typically, the reasons should includeother earlier (ordinarily within the past twelve months) documented violationsof the FPI inmate worker standards or institution disciplinary regulations.</P>
          <P>(b) The refusal to assign is to be rescinded when, in the judgment of theSOI, the worker no longer constitutes a serious threat to the FPI industrialoperation.</P>
        </SECTION>
        <SECTION>
          <SECTNO>§ 345.35</SECTNO>
          <SUBJECT>Assignments to FPI.</SUBJECT>
          <P>(a) An inmate or detainee may be considered for assignment with FPI unlessthe inmate is a pretrial inmate or is currently under an order of deportation,exclusion, or removal. However, an inmate or detainee who is currently under anorder of deportation, exclusion, or removal may be considered for assignmentwith FPI if the Attorney General has determined that the inmate or detaineecannot be removed from the United States because the designated country ofremoval will not accept his/her return. Any request by an inmate forconsideration must be made through the unit team. FPI does not discriminate onthe bases of race, color, religion, ethnic origin, age, or disability.</P>
          <P>(b) The SOI ordinarily makes assignments based on the recommendation of theunit team.</P>
          <P>(1) New workers are ordinarily assigned at pay grade five. All first-timeinmate workers shall enter at pay grade five and may be required to successfullycomplete a course in pre-industrial training or on-the-job training (asavailable) before promotion to pay grade four.</P>
          <P>(2) An inmate who has not successfully completed pre-industrial or on-the-jobtraining remains at pay grade five for at least 30 days.</P>
          <P>(3) An inmate hired after having resigned voluntarily from FPI may be excusedfrom pre-industrial training and may be hired at a pay grade based on previoustraining and experience.</P>
          <CITA>[60 FR 15827, Mar. 27, 1995, as amended at 64 FR 32169, June 15, 1999]</CITA>
        </SECTION>
      </SUBPART>
      <SUBPART>
        <HD SOURCE="HED">Subpart E—Inmate Worker Standards and Performance Appraisal</HD>
        <SECTION>
          <SECTNO>§ 345.40</SECTNO>
          <SUBJECT>General.</SUBJECT>
          <P>This subpart authorizes the establishment of minimum work standards forinmate workers assigned to the Industries program at all field locations. TheSOI may reproduce these standards and may also develop additional localguidelines to augment these standards and to adapt them to local needs andconditions. Local Industries shall place these standards and any additionallocal guidelines on display at appropriate locations within the industrialsites. Inmates shall be provided with a copy of these standards and localguidelines, and shall sign receipts acknowledging they have received andunderstand them before beginning work in the Industries program. In the case ofa disabled inmate, alternate media or means of communicating this informationand indicating the inmate's receipt may be provided, if necessary as areasonable accommodation.</P>
          <P>(a) At a minimum, each industrial location is to have work standards for eachof the following areas:</P>

          <P>(1) Safety—ensuring the promotion of workplace safety and the avoidanceof activities that could result in injury to self or others.<PRTPAGE P="515"/>
          </P>
          <P>(2) Quality assurance—ensuring that work is done as directed by thesupervisor in an attentive manner so as to minimize the chance of error.</P>
          <P>(3) Personal conduct and hygiene—ensuring the promotion of harmony andsanitary conditions in the workplace through observation of good hygiene andfull cooperation with other inmate workers, work supervisors, and trainingstaff.</P>
          <P>(4) Punctuality and productivity—ensuring the productive and efficientuse of time while the inmate is on work assignment or in training.</P>
          <P>(b) <E T="03">Compliance with work standards.</E> Each inmate assigned to FPIshall comply with all work standards pertaining to his or her work assignment.Adherence to the standards should be considered in evaluating the inmate's workperformance and documented in individual hiring, retention, andpromotion/demotion situations.</P>
        </SECTION>
        <SECTION>
          <SECTNO>§ 345.41</SECTNO>
          <SUBJECT>Performance appraisal for inmate workers.</SUBJECT>
          <P>Work supervisors should complete a performance appraisal form for each inmatesemi-annually, by March 31 and September 30, or upon termination or transferfrom the industrial work assignment. Copies shall be sent to the unit team.Inmate workers should discuss their appraisals with their supervisors at amutually agreeable time in order to improve their performance. Satisfactory andunsatisfactory performance ratings shall be based on the standards in§ 345.40(a).</P>
          <P>(a) The SOI is to ensure that evaluations are done and are submitted to unitteams in a timely manner.</P>
          <P>(b) The SOI or a designee may promote an inmate to a higher grade level if anopening exists when the inmate's skills, abilities, qualifications, and workperformance are sufficiently developed to enable the inmate to carry out a morecomplex FPI factory assignment successfully, when the inmate has met theinstitution's time-in-grade (unless waived by the SOI), and when the inmate hasabided by the inmate worker standards. Conversely, the SOI or SOI designee maydemote an inmate worker for failing to abide by the inmate worker standards.Such demotions shall be fully documented.</P>
        </SECTION>
        <SECTION>
          <SECTNO>§ 345.42</SECTNO>
          <SUBJECT>Inmate worker dismissal.</SUBJECT>
          <P>The SOI may remove an inmate from Industries work status in cooperation withthe unit team.</P>
          <P>(a) The SOI may remove an inmate from FPI work status according to theconditions outlined in the pay and benefits section of this policy and incooperation with the unit team.</P>
          <P>(b) An inmate may be removed from FPI work status for failure to comply withany court-mandated financial responsibility. (See 28 CFR 545.11(d)).</P>
          <P>(c) An inmate found to have committed a prohibited act (whether or not it isFPI related) resulting in segregation or disciplinary transfer is also to bedismissed from Industries based on an unsatisfactory performance rating forfailure to be at work.</P>
          <P>(d) Any inmate or detainee who is a pretrial inmate or who is currently underan order of deportation, exclusion, or removal shall be removed from any FPIwork assignment and reassigned to a non-FPI work assignment for which the inmateis eligible. However, an inmate or detainee who is currently under an order ofdeportation, exclusion, or removal may be retained in the FPI assignment if theAttorney General has determined that the inmate or detainee cannot be removedfrom the United States because the designated country of removal will not accepthis/her return.</P>
          <CITA>[60 FR 15827, Mar. 27, 1995, as amended at 64 FR 32170, June 15, 1999]</CITA>
        </SECTION>
      </SUBPART>
      <SUBPART>
        <HD SOURCE="HED">Subpart F—Inmate Pay and Benefits</HD>
        <SECTION>
          <SECTNO>§ 345.50</SECTNO>
          <SUBJECT>General.</SUBJECT>
          <P>Title 18 U. S. Code section 4126 authorizes FPI to compensate inmates underrules and regulations promulgated by the Attorney General. It is the policy ofFPI to provide compensation to FPI inmate workers through various conditions ofpay and benefits, except as otherwise provided in these regulations.</P>
        </SECTION>
        <SECTION>
          <SECTNO>§ 345.51</SECTNO>
          <SUBJECT>Inmate pay.</SUBJECT>
          <P>(a) <E T="03">Grade levels.</E> Inmate workers in FPI locations receive payat five levels ranging from 5th grade pay (lowest) to 1st grade pay (highest).<PRTPAGE P="516"/>
          </P>
          <P>(b) <E T="03">Eligibility.</E> (1) An inmate shall accrue vacation time,longevity service credit, and shall receive holiday pay for the period of timethe inmate is officially assigned to the Industries work detail. For limitationson claims, refer to § 345.66.</P>
          <P>(2) Inmate workers may be eligible for premium pay as specified in§ 345.52. Eligibility for other pay and benefits are describedseparately in this subpart.</P>
          <P>(3) FPI pay and benefits are lost in cases of disciplinary transfer andsegregation.</P>
          <P>(4) An inmate returned to the institution due to program failure at aCommunity Corrections Center or while on parole or escape is not entitled tocredit for time spent in Industries prior to said program failure. This rulealso applies to any other program failure which results in a break inconfinement status.</P>
        </SECTION>
        <SECTION>
          <SECTNO>§ 345.52</SECTNO>
          <SUBJECT>Premium pay.</SUBJECT>
          <P>Payment of premium pay to selected inmates is authorized. The total number ofqualifying inmates may not exceed 15% of first grade inmates at a location.</P>
          <P>(a) <E T="03">Eligibility.</E> Inmates in first grade pay status may beconsidered for premium pay.</P>
          <P>(b) <E T="03">The selection process.</E> Candidates for premium pay must benominated by a foreman on the FPI staff, and recommended on the basis ofspecific posted criteria by a selection committee assigned by the SOI.</P>
          <P>(1) The SOI, as the chief selecting official, must sign approval for allpremium pay inmate selections. This authority may not be delegated below thelevel of Acting SOI.</P>
          <P>(2) The selected candidate(s) are notified by the FPI Manager or by a postedlist on the FPI bulletin board. A record of the selection and who was on theselection board is kept for documentation purposes. An inmate nominated to be apremium pay inmate may refuse the appointment without prejudice.</P>
          <P>(c) [Reserved]</P>
          <P>(d) <E T="03">Pay rate.</E> Premium pay inmates receive a specified amountover and above all other pay and benefits to which they may be entitled (e.g.,longevity pay, overtime, piecework rates, etc.). Premium pay is also paid forvacation, holiday, and administrative hours.</P>
          <P>(e) <E T="03">Duties of premium pay inmates.</E> Premium pay is a means ofrecognizing the value of those traits supportive of morale and goodinstitutional adjustment. It is not a form of bonus or incentive pay for highlyproductive inmates.</P>
          <P>(f) <E T="03">Transfer status of premium pay inmates.</E> Premium pay statusmay not be transferred from institution to institution with the inmate worker.Premium pay status must be earned at each location.</P>
          <P>(g) <E T="03">Removals from premium pay status.</E> Removal from premium paystatus may occur for failure to demonstrate the premium pay selection traits orfor failure to abide by the inmate worker standards set forth in this policy.All removals from premium pay status shall be documented on the inmate'sevaluation form. The following conditions also may result in removal frompremium pay status:</P>
          <P>(1) Any premium pay inmate found to have committed any level 100 or 200series offense by the DHO is automatically removed from premium pay statuswhether or not the offense was FPI-related.</P>
          <P>(2) Inmates absent from work for more than 30 consecutive calendar days maybe removed from premium pay status by the SOI.</P>
        </SECTION>
        <SECTION>
          <SECTNO>§ 345.53</SECTNO>
          <SUBJECT>Piecework rates.</SUBJECT>
          <P>Piecework rates are incentives for workers to strive for higher pay andproduction benefiting both the worker and FPI. Piecework rates may be of twomajor types: individual piecework (in which an individual's pay goes up or downdepending upon his/her own output) or Group Wage Fund (in which all members of agroup strive for higher rates or production output as a unit, and all share in apool of funds distributed among work group members equally).</P>
        </SECTION>
        <SECTION>
          <SECTNO>§ 345.54</SECTNO>
          <SUBJECT>Overtime compensation.</SUBJECT>

          <P>An inmate worker is entitled to overtime pay at a rate of two times thehourly or unit rate for hourly, individual, and group piecework rate workers,when the total hours worked (including administrative pay) exceed the <PRTPAGE P="517"/>FPIfactory's regularly scheduled workday. Hours worked on days other than thescheduled work week (e.g., Saturday) shall be compensated at the overtime rate.</P>
        </SECTION>
        <SECTION>
          <SECTNO>§ 345.55</SECTNO>
          <SUBJECT>Longevity pay.</SUBJECT>
          <P>(a) Except as provided in paragraph (b) of this section, an inmate earnslongevity pay raises after 18 months spent in FPI work status regardless ofwhether or not the work was continuous. The service may have occurred in one ormore FPI factories or shops. An inmate qualifies for longevity pay raises asprovided in the table below:</P>
          <EXTRACT>
            <HD SOURCE="HD2">Length of Service With FPI</HD>
            <FP SOURCE="FP-1">After 18 months of service and payable in the 19th month</FP>
            <FP SOURCE="FP-1">After 30 months of service and payable in the 31st month</FP>
            <FP SOURCE="FP-1">After 42 months of service and payable in the 43rd month</FP>
            <FP SOURCE="FP-1">After 60 months of service and payable in the 61st month</FP>
            <FP SOURCE="FP-1">After 84 months of service (&amp; more) and payable in the 85thmonth</FP>
          </EXTRACT>
          
          <FP>Longevity pay allowances shall be added after the wages for each actual hourin pay status have been properly computed.</FP>
          <P>(b) <E T="03">Exceptions.</E> (1) FPI work status during service of aprevious sentence with a subsequent break in custody may not be considered indetermining longevity pay.</P>
          <P>(2) An inmate in segregation or who is given a disciplinary transfer losesany longevity status previously achieved.</P>
          <P>(3) An inmate who voluntarily transfers to a non-FPI work assignment losesany longevity status previously achieved. An inmate who leaves FPI to entereducation, vocational training, or drug abuse treatment programs, however,generally retains longevity and pay grade status upon return to FPI, unless theinmate withdraws from those programs without a good faith effort to completethem. The decision on whether there was a good faith effort is to be made by theSOI in concert with the staff member in charge of the program.</P>
        </SECTION>
        <SECTION>
          <SECTNO>§ 345.56</SECTNO>
          <SUBJECT>Vacation pay.</SUBJECT>
          <P>Inmate workers are granted FPI vacation pay by the SOI when their continuedgood work performance justifies such pay, based on such criteria as quality ofwork, attendance and punctuality, attentiveness, and adherence to industryoperating regulations. The inmate must submit a written request for vacationtime, ordinarily two weeks in advance of the requested vacation time. The worksupervisor must recommend to the SOI the vacation time to be taken or paid.Eligibility for vacation pay must be verified by the Business Office prior toapproval by the SOI. The SOI may declare an inmate ineligible for vacationcredit because of an inmate's unsatisfactory work performance during the monthin which such credit was to occur.</P>
          <P>(a) An inmate may take accrued vacation time for visits, participation ininstitution programs or for other good reasons at the discretion of the SOI.Industrial managers should make every reasonable attempt to schedule an inmateworker's vacations so as not to conflict with the workforce requirements of FPIfactory production schedules and Inmate Systems Management requirements.</P>
          <P>(b) An inmate temporarily assigned to the Industrial detail, e.g., onconstruction details, also earns vacation credit which he or she must take or bepaid for at the end of the temporary assignment.</P>
          <P>(c) An inmate must take and/or be paid for vacation credit within sixty daysafter each annual eligibility date of the inmate's most recent date ofassignment to FPI. An inmate who elects not to take vacation time must indicatethis in writing. That inmate shall receive pay for the annual vacation credit ina lump sum on the regular monthly payroll. This amount is ordinarily paid withinsixty days after the annual eligibility date of the inmate's most recent date ofassignment to FPI. An inmate whose employment is terminated by release,reassignment, transfer, or other reasons, and who has unused vacation creditshall be paid for this credit on the monthly payroll.</P>
        </SECTION>
        <SECTION>
          <SECTNO>§ 345.57</SECTNO>
          <SUBJECT>Administrative pay.</SUBJECT>

          <P>An inmate excused from a job assignment may receive administrative pay forsuch circumstances as a general recall for an institution, power outages, <PRTPAGE P="518"/>blooddonations, or other situations at the discretion of the SOI. Such pay may notexceed an aggregate of three hours per month.</P>
        </SECTION>
        <SECTION>
          <SECTNO>§ 345.58</SECTNO>
          <SUBJECT>Holiday pay.</SUBJECT>
          <P>An inmate worker in FPI work status shall receive pay at the standard hourlyrate, plus longevity where applicable, for all Federal holidays provided theinmate is in work status on the day before and the day after the holiday occurs.Full-time workers receive one full day's pay. Part-time workers receive one-halfday's pay.</P>
        </SECTION>
        <SECTION>
          <SECTNO>§ 345.59</SECTNO>
          <SUBJECT>Inmate performance pay.</SUBJECT>
          <P>Inmate workers for FPI may also receive Inmate Performance Pay forparticipation in programs where this award is made. However, inmate workers maynot receive both Industries Pay and Performance Pay for the same programactivity. For example, an inmate assigned to a pre-industrial class may notreceive FPI pay as well as inmate performance pay for participation in theclass.</P>
        </SECTION>
        <SECTION>
          <SECTNO>§ 345.60</SECTNO>
          <SUBJECT>Training pay.</SUBJECT>
          <P>Inmates directed by the SOI to take a particular type of training inconnection with a FPI job are to receive FPI pay if the training time occursduring routine FPI factory hours of operation. This does not include ABE/GED orpre-industrial training.</P>
        </SECTION>
        <SECTION>
          <SECTNO>§ 345.61</SECTNO>
          <SUBJECT>Inmate earnings statement.</SUBJECT>
          <P>Each inmate worker in FPI shall be given a monthly earnings statement whileactively working for FPI.</P>
        </SECTION>
        <SECTION>
          <SECTNO>§ 345.62</SECTNO>
          <SUBJECT>Inmate accident compensation.</SUBJECT>
          <P>An inmate worker shall be paid lost-time wages while hospitalized or confinedto quarters due to work-related injuries (including occupational disease orillnesses directly caused by the worker's job assignments) as specified by theInmate Accident Compensation Program (28 CFR part 301).</P>
        </SECTION>
        <SECTION>
          <SECTNO>§ 345.63</SECTNO>
          <SUBJECT>Funds due deceased inmates.</SUBJECT>
          <P>Funds due a deceased inmate for work performed for FPI are payable to a legalrepresentative of the inmate's estate or in accordance with the law of descentand distribution of the state of domicile.</P>
        </SECTION>
        <SECTION>
          <SECTNO>§ 345.64</SECTNO>
          <SUBJECT>Referral of releasable medical data to FPI staff.</SUBJECT>
          <P>The SOI is responsible for ensuring that appropriate releasable informationpertaining to an inmate's medical limitation (e.g., back injury) is madeavailable to the FPI staff member who directly supervises the assignment.</P>
        </SECTION>
        <SECTION>
          <SECTNO>§ 345.65</SECTNO>
          <SUBJECT>Inmate medical work limitation.</SUBJECT>
          <P>In addition to any prior illnesses or injuries, medical limitations alsoinclude any illness or injury sustained by an inmate which necessitates removingthe ill worker from an FPI work assignment. If an inmate worker is injured morethan once in a comparatively short time, and the circumstances of the injurysuggest an awkwardness or ineptitude which in turn indicates that further dangerexists, the inmate may be removed to another FPI detail or to a non-FPI detail.</P>
        </SECTION>
        <SECTION>
          <SECTNO>§ 345.66</SECTNO>
          <SUBJECT>Claims limitation.</SUBJECT>
          <P>Claims relating to pay and/or benefits must occur within one calendar year ofthe period of time for which the claim is made. Inmate claims submitted morethan one year after the time in question require the approval of the AssistantDirector before an inmate may receive such pay and/or benefit.</P>
        </SECTION>
        <SECTION>
          <SECTNO>§ 345.67</SECTNO>
          <SUBJECT>Retention of benefits.</SUBJECT>
          <P>(a) <E T="03">Job retention.</E> Ordinarily, when an inmate is absent fromthe job for a significant period of time, the SOI will fill that position withanother inmate, and the first inmate will have no entitlement to continued FPIemployment.</P>

          <P>(1) For up to the first 30 days when an inmate is in medical idle status,that inmate will retain FPI pay grade status, with suspension of actual pay, andwill be able to return to FPI when medically able, provided the absence was notbecause of a FPI work-related injury resulting from the inmate's violation ofsafety standards. If the medical idle lasts longer than 30 days, was not causedby a violation of safety standards, and the unit team approves the inmate'sreturn to FPI, the SOI <PRTPAGE P="519"/>shall place that inmate within the top ten percent of theFPI waiting list.</P>
          <P>(2) Likewise, for up to the first 30 days when an inmate is in AdministrativeDetention, that inmate may retain FPI pay grade status, with actual paysuspended, and will be able to return to FPI, provided the inmate is not foundto have committed a prohibited act. If Administrative Detention lasts longerthan 30 days, and the inmate is not found to have committed a prohibited act,and the unit team approves the inmate's return to FPI, the SOI shall place thatinmate within the top ten percent of the FPI waiting list.</P>
          <P>(3) An inmate in Administrative Detention, and found to have committed aprohibited act, may return to FPI work status at the discretion of the SOI.</P>
          <P>(4) If an inmate is injured and absent from the job because of a violation ofFPI safety standards, the SOI may reassign the inmate within FPI or recommendthat the unit team reassign the inmate to a non-FPI work assignment.</P>
          <P>(5) If an inmate is transferred from one institution to another foradministrative (not disciplinary) reasons, and the unit team approves theinmate's return to FPI, the SOI shall place that inmate within the top tenpercent of the FPI waiting list.</P>
          <P>(b) <E T="03">Longevity and vacation credit.</E> Ordinarily, when an inmate'sFPI employment is interrupted, the inmate loses all accumulated longevity andvacation credit with the following exceptions:</P>
          <P>(1) The inmate retains longevity and vacation credit when placed in medicalidle status, provided the medical idle is not because of a FPI work-relatedinjury resulting from the inmate's violation of safety standards. If the medicalidle results from a FPI work-related injury where the inmate was not at fault,the inmate also continues to earn longevity and vacation credit.</P>
          <P>(2) Likewise, the inmate retains, and continues earning for up to 30 days,longevity and vacation credit if placed in Administrative Detention, providedthe inmate is not found to have committed a prohibited act.</P>
          <P>(3) The inmate retains, but does not continue earning, longevity and vacationcredit when transferring from one institution to another for administrative (notdisciplinary) reasons, when absent from the institution on writ, or when placedin administrative detention and found to have committed a prohibited act.</P>
          <P>(c) <E T="03">Pay grade retention.</E> Ordinarily, when an inmate's FPIemployment is interrupted, that inmate is not entitled to retain his or her paygrade, with the following exceptions.</P>
          <P>(1) An inmate retains pay grade status, with actual pay suspended, for up to30 days in Administrative Detention. However, the inmate is not reimbursed forthe time spent in detention.</P>
          <P>(2) Likewise, an inmate retains pay grade status for up to 30 days whileabsent from the institution on writ, with actual pay suspended. The SOI mayapprove pay grade retention when an inmate is on writ for longer than 30 days ona case-by-case basis.</P>
          <P>(3) If an inmate is absent because of a FPI work-related injury where theinmate was not at fault, the inmate retains his or her pay grade, with actualpay suspended.</P>
        </SECTION>
      </SUBPART>
      <SUBPART>
        <HD SOURCE="HED">Subpart G—Awards Program</HD>
        <SECTION>
          <SECTNO>§ 345.70</SECTNO>
          <SUBJECT>General.</SUBJECT>
          <P>FPI provides incentive awards of various types to inmate workers for specialachievements in their work, scholarship, suggestions, for inventions whichimprove industry processes or safety or which conserve energy or materialsconsumed in FPI operations, and for outstanding levels of self-development.</P>
        </SECTION>
        <SECTION>
          <SECTNO>§ 345.71</SECTNO>
          <SUBJECT>Official commendations.</SUBJECT>
          <P>An inmate worker may receive an official written commendation for anysuggestion or invention adopted by FPI, or for any special achievement, asdetermined by the SOI, related to the inmate's industrial work assignment. Acopy of the commendation is to be placed in the inmate's central file.</P>
        </SECTION>
        <SECTION>
          <SECTNO>§ 345.72</SECTNO>
          <SUBJECT>Cash bonus or cash award.</SUBJECT>

          <P>An inmate worker may receive a cash bonus or cash award for any suggestion orinvention which is adopted by FPI and produces a net savings to FPI of at least$250.00. Cash awards shall be one <PRTPAGE P="520"/>percent of the net estimated savings duringthe first year, with the minimum award being $25.00, and the maximum award being$1,000.00.</P>
        </SECTION>
        <SECTION>
          <SECTNO>§ 345.73</SECTNO>
          <SUBJECT>Procedures for granting awards for suggestions or inventions.</SUBJECT>
          <P>Inmate suggestions for improvements in operations or safety, or forconservation of energy or material, must be submitted in writing.</P>
          <P>(a) The inmate's immediate supervisor shall review the suggestion and forwardit with comments and award recommendation to the SOI.</P>
          <P>(b) The SOI shall ensure that all inmate suggestions and/or inventionsformally submitted are considered for incentive awards by a committee comprisedof Industries personnel designated by the SOI.</P>
          <P>(1) The committee is authorized to award a cash award of up to $100.00 or anequivalent gift not to exceed $100.00 in value to an inmate whose suggestion hasbeen adopted. A recommendation for an award in excess of $100.00 shall beforwarded to the Assistant Director for a final decision.</P>
          <P>(2) The committee shall forward all recommendations for awards for inventionsthrough the SOI to the Warden. The Warden may choose to add his or her commentsbefore forwarding to the Assistant Director for a final decision.</P>
          <P>(3) Incentive awards are the exclusive methods for recognizing inmates forsuggestions or inventions.</P>
        </SECTION>
        <SECTION>
          <SECTNO>§ 345.74</SECTNO>
          <SUBJECT>Awards for special achievements for inmate workers.</SUBJECT>
          <P>While recognition of inmate worker special achievements may originate fromany FPI staff member, the achievement ordinarily will be submitted in writing bythe inmate's immediate supervisor.</P>
          <P>(a) The SOI shall appoint a local institution committee to consider inmatesfor special achievement awards.</P>
          <P>(b) The committee shall forward its recommendations to the SOI, who isauthorized to approve individual awards (cash or gifts) not to exceed $100 invalue. A recommendation for an award in excess of $100 (cash or gifts) shall beforwarded, with the Superintendent's recommendation and the justification forit, through the Warden to the Assistant Director. The Warden may submit commentson the recommendation.</P>
        </SECTION>
      </SUBPART>
      <SUBPART>
        <HD SOURCE="HED">Subpart H—FPI Inmate Training and Scholarship Programs</HD>
        <SECTION>
          <SECTNO>§ 345.80</SECTNO>
          <SUBJECT>General.</SUBJECT>
          <P>As earnings permit, FPI provides appropriate training for inmates which isdirectly related to the inmate worker's job assignment. Additionally, FPIadministers a scholarship program to provide inmates with an opportunity tobegin, or to continue with business and industry courses or vocational training.</P>
          <P>(a) An applicant for FPI-funded training programs should be evaluated todetermine sufficient interest and preparation to successfully complete thecourse content. The evaluation may be done by the Education Department, unitteam, or other qualified personnel.</P>
          <P>(b) An inmate selected to participate in FPI-funded training programsordinarily must have enough sentence time remaining to serve to complete thetraining.</P>
        </SECTION>
        <SECTION>
          <SECTNO>§ 345.81</SECTNO>
          <SUBJECT>Pre-industrial training.</SUBJECT>
          <P>FPI encourages the development and use of pre-industrial training programs.Such training ordinarily provides benefits to the inmate and to the FPI factory.Pre-industrial training also provides an additional management tool forreplacing inmate idleness with constructive activity. Accordingly, each FPIfactory location may provide a pre-industrial training program.</P>
          <P>(a) Pre-industrial program trainees shall ordinarily begin at the entry levelpay grade (grade 5). Positions for pre-industrial training programs are filledin the same manner as other grade five positions.</P>
          <P>(b) Pre-industrial training is not a prerequisite for work placement if theinmate already possesses the needed skill.</P>

          <P>(c) If pre-industrial training is available and the worker has not completedboth the skill training and orientation phases of pre-industrial training, the <PRTPAGE P="521"/>inmate should be put into the first available training class.</P>
          <P>(d) When pre-industrial training is not available, new FPI assignees willreceive on-the-job training in pre-industrial pay status for a period of atleast 30 days before being promoted into available fourth grade jobs.</P>
        </SECTION>
        <SECTION>
          <SECTNO>§ 345.82</SECTNO>
          <SUBJECT>Apprenticeship training.</SUBJECT>
          <P>FPI provides inmate workers with an opportunity to participate inapprenticeship training programs to the extent practicable. Such programs helpprepare workers for post-release employment in a variety of trades. Apprenticesare given related trades classroom instruction in addition to the skill trainingduring work hours, where necessary.</P>
        </SECTION>
        <SECTION>
          <SECTNO>§ 345.83</SECTNO>
          <SUBJECT>Job safety training.</SUBJECT>
          <P>FPI provides inmates with regular job safety training which is developed andscheduled in coordination with the institution Safety Manager. Participation inthe training shall be documented in a safety training record signed by theinmate.</P>
        </SECTION>
        <SECTION>
          <SECTNO>§ 345.84</SECTNO>
          <SUBJECT>The FPI scholarship fund.</SUBJECT>
          <P>FPI shall award post-secondary school scholarships to selected, qualifiedinmate workers. These scholarships provide an inmate with the opportunity tobegin or continue with business and industry courses or vocational training asapproved and deemed appropriate by the Supervisor of Education.</P>
          <P>(a) <E T="03">Eligibility requirements.</E> The SOI and the Supervisor ofEducation at each institution shall develop application procedures to include,at a minimum, the following criteria:</P>
          <P>(1) The inmate shall be a full-time FPI worker.</P>
          <P>(2) The inmate has a favorable recommendation for participation from his orher work supervisor.</P>
          <P>(3) The inmate meets all relevant institution requirements for participation(e.g. disciplinary record, custody level).</P>
          <P>(4) The inmate is accepted by the institution of higher learning offering thecourse or program which is requested.</P>
          <P>(5) The inmate must maintain a verifiable average of “C” orbetter to continue program eligibility.</P>
          <P>(6) Before beginning the course of study, the inmate must sign an agreementto provide the SOI with an unaltered, original copy of his or her grades.</P>
          <P>(b) <E T="03">Scholarship selection procedures.</E> FPI scholarship awardsshall be made by a three member Selection Committee comprised of the SOI, theSupervisor of Education, and one other person designated by the SOI.</P>
          <P>(c) <E T="03">Scholarship program operation.</E> (1) Ordinarily, onescholarship may be awarded per school period for every fifty workers assigned.At least one scholarship may be awarded at each institution location, regardlessof the number of inmates assigned.</P>
          <P>(2) Individual scholarships ordinarily should not exceed the cost of tuitionand books for one course. Where several courses may be taken for the same costas one, the inmate worker may be allowed to take more than one course.</P>
          <P>(3) Scholarship monies are to be paid only to the institution providinginstruction, or to the Education Department for transfer of funds to thecollege, university, or technical institution providing instruction.</P>
          <P>(4) An inmate may not receive more than one scholarship per school period.</P>
          <P>(5) An inmate must maintain at least a “C” average to becontinued as eligible for further assistance. An inmate earning less than“C” must wait one school period of eligibility before reapplying forfurther assistance. Where a course grade is based on a “pass/fail”system, the course must be “passed” to be eligible for furtherassistance.</P>
          <P>(6) An inmate awarded a correspondence course must successfully complete thecourse during a school year (e.g., 2 semesters, 3 quarters).</P>

          <P>(7) An inmate receiving scholarship aid must have approval from the SOI andthe Supervisor of Education before withdrawing from classes for good reason. Aninmate withdrawing or “dropping” courses without permission shallwait one school year before applying for further scholarship assistance. Aninmate may withdraw from courses without penalty for medical or non-disciplinaryadministrative reasons such <PRTPAGE P="522"/>as transfer, writ, release, etc., without firstsecuring permission, although withdrawals for medical reasons must be certifiedin writing by the Hospital Administrator.</P>
        </SECTION>
      </SUBPART>
    </PART>
  </CHAPTER>
</CFRGRANULE>
