Memo - Prisoner Complaints Under the OSH Act

Correspondence between N. C. Department of Corrections and the N.C. Department of Labor about when prisoners are regarded as employees under the OSH Act. Includes a determination/memo to Michael D. Ragland, former Deputy Commissioner for OSH, from Hall Pell, former Assistant Attorney General, Labor Section. 

The opinion states that prisoners who are not on work release are not employees within the meaning of the Act. For this reason, the Division of Occupational Safety and Health only investigates complaints from inmates regarding any work release assignments they may have. Any investigation of complaints made by covered prisoners would be conducted in the same manner as other complaints received by the Division. Complaints by inmates who are not on work release are evaluated to determine if Correction employees are exposed to the hazards alleged in the complaint. If so, our response takes .the form of a phone call or letter to Correction addressing the alleged hazards.

Additional resources and information can be found on the safety and health topics page.