[Federal Register Volume 59, Number 11 (Tuesday, January 18, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-1110]


[[Page Unknown]]

[Federal Register: January 18, 1994]


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Part IV





Department of Justice





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Bureau of Prisons



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28 CFR Parts 301, 540, and 543




Inmate Accident Compensation, Incoming Publications and Inmate Legal 
Activities; Final Rule and Proposed Rule
DEPARTMENT OF JUSTICE

Bureau of Prisons

28 CFR Part 301

RIN 1120-AA05

 
Inmate Accident Compensation

AGENCY: Federal Prison Industries, Inc., Bureau of Prisons, DOJ.

ACTION: Final rule.

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SUMMARY: In this document, the Bureau of Prisons is extending coverage 
under Inmate Accident Compensation to inmates participating in approved 
work assignments for other Federal agencies. Because inmates 
participating in such assignments may be housed in a community 
corrections center, it is necessary to add procedures appropriate for 
the treatment and reporting of injuries and for processing claims which 
may arise from such assignments. This amendment also clarifies the 
applicability of lost-time wages, clarifies the effects of subsequent 
incarceration, clarifies the definition of ``release'', clarifies 
payment procedures for medical treatment, and corrects a typographical 
error in the citation of a court case. This amendment is intended to 
allow for the continued efficient operation of inmate work assignments.

EFFECTIVE DATE: February 17, 1994.

ADDRESSES: Office of General Counsel, Bureau of Prisons, HOLC room 754, 
320 First Street, NW., Washington, DC 20534.

FOR FURTHER INFORMATION CONTACT: Roy Nanovic, Office of General 
Counsel, Bureau of Prisons, phone (202) 514-6655.

SUPPLEMENTARY INFORMATION: The Bureau of Prisons published in the 
Federal Register on July 21, 1993 (58 FR 39096) a proposed rule on 
Inmate Accident Compensation clarifying its applicability to approved 
inmate work assignments for other federal agencies. The proposed 
amendment also clarified that lost-time wages shall be available only 
for inmates based at Bureau of Prisons institutions (see new 
Sec. 301.201) and that the amount of a payment for medical treatment is 
limited to reasonable expenses incurred, such as those amounts 
authorized under the applicable fee schedule established for the 
Department of Health and Human Services Medicare program (see 
Sec. 301.317). This amendment also revised the definition of 
``release'' in Sec. 301.102 to include reference to pretrial inmates. 
The proposed amendment also clarified Sec. 301.316 by rewording its 
provisions regarding subsequent incarceration of a compensation 
recipient. There is no change in the intent of this section. Finally, 
the proposed amendment corrected a typographical error in the citation 
of the court case U.S. v. Demko which appears in Sec. 301.319.
    The Bureau of Prisons received no comment to its proposed rule, and 
the amendment is accordingly being issued as a final rule.
    The Bureau of Prisons has determined that this rule is not a 
significant regulatory action for the purpose of E.O. 12866; this rule 
was reviewed by the Office of Management and Budget. After review of 
the law and regulations, the Director, Bureau of Prisons has certified 
that this rule, for the purpose of the Regulatory Flexibility Act (Pub. 
L. 96-354), does not have a significant impact on a substantial number 
of small entities.
    Interested persons may submit comments concerning this rule by 
writing to the previously cited address. These comments will be 
considered but will receive no response in the Federal Register.

List of Subjects in 28 CFR Part 301

    Federal prison industries, Indemnity payments, Prisoners.

Kathleen M. Hawk,
Commissioner of Federal Prison Industries, and Director, Bureau of 
Prisons.
    Accordingly, pursuant to the rulemaking authority vested in the 
Attorney General in 5 U.S.C. 552(a) and delegated to the Director, 
Bureau of Prisons in 28 CFR 0.96(p) and 0.99, part 301 of 28 CFR, 
chapter III is amended as set forth below.

Chapter III--Federal Prisons Industries, Inc., Department of Justice

PART 301--INMATE ACCIDENT COMPENSATION

    1. The authority citation for 28 CFR part 301 continues to read as 
follows:

    Authority: 18 U.S.C. 4126, 28 CFR 0.99, and by resolution of the 
Board of Directors of Federal Prison Industries, Inc.

    2. In Sec. 301.101, paragraphs (a) and (b) are revised to read as 
follows:


Sec. 301.101  Purpose and scope.

* * * * *
    (a) Inmate Accident Compensation may be awarded to former federal 
inmates or their dependents for physical impairment or death resultant 
from injuries sustained while performing work assignments in Federal 
Prison Industries, Inc., in institutional work assignments involving 
the operation or maintenance of a federal correctional facility, or in 
approved work assignments for other federal entities; or,
    (b) Lost-time wages may be awarded to inmates assigned to Federal 
Prison Industries, Inc., to paid institutional work assignments 
involving the operation or maintenance of a federal correctional 
facility, or in approved work assignments for other federal entities 
for work-related injuries resulting in time lost from the work 
assignment.
    3. In Sec. 301.102, paragraph (b) is revised and paragraphs (d) and 
(e) are added to read as follows:


Sec. 301.102  Definitions.

* * * * *
    (b)(1) For purposes of this part, the term release is defined as 
the removal of an inmate from a Bureau of Prisons correctional facility 
upon expiration of sentence, parole, final discharge from incarceration 
of a pretrial inmate, or transfer to a community corrections center or 
other non-federal facility, at the conclusion of the period of 
confinement in which the injury occurred.
    (2) In the case of an inmate who suffers a work-related injury 
while housed at a community corrections center, release is defined as 
the removal of the inmate from the community corrections center upon 
expiration of sentence, parole, or transfer to any non-federal 
facility, at the conclusion of the period of confinement in which the 
injury occurred.
    (3) In the case of an inmate who suffers a work-related injury 
while housed at a community corrections center and is subsequently 
transferred to a Bureau of Prisons facility, release is defined as the 
removal of the inmate from the Bureau of Prisons facility upon 
expiration of sentence, parole, or transfer to a community corrections 
center or other non-federal facility.
* * * * *
    (d) For purposes of this part, the term work detail supervisor may 
refer to either a Bureau of Prisons or a non-Bureau of Prisons 
supervisor.
    (e) For the purposes of this part, the phrase housed at or based at 
a ``Bureau of Prisons institution'' shall refer to an inmate that has a 
work assignment with a Bureau of Prisons institution or with another 
federal entity and is incarcerated at a Bureau of Prisons institution. 
For the purposes of this part, the phrase based at or housed at a 
``community corrections center'' shall refer to an inmate who has a 
work assignment for a non-Bureau of Prisons federal entity and is 
incarcerated at a community corrections center.


Sec. 301.103  [Amended]

    4. Section 301.103 is amended by revising the phrase 
``institutional work assignments'' to read ``work assignments''.
    5. Section 301.104 is revised to read as follows:


Sec. 301.104  Medical attention.

    Whenever an inmate worker is injured while in the performance of 
assigned duty, regardless of the extent of the injury, the inmate shall 
immediately report the injury to his official work detail supervisor. 
In the case of injuries on work details for other federal entities, the 
inmate shall also report the injury as soon as possible to community 
corrections or institution staff, as appropriate. The work detail 
supervisor shall immediately secure such first aid, medical, or 
hospital treatment as may be necessary for the proper treatment of the 
injured inmate. First aid treatment may be provided by any 
knowledgeable individual. Medical, surgical, and hospital care shall be 
rendered under the direction of institution medical staff for all 
inmates based at Bureau of Prisons institutions. In the case of inmates 
based at community corrections centers, medical care shall be arranged 
by the work supervisor or by community corrections center staff in 
accordance with the medical needs of the inmate. Refusal by an inmate 
worker to accept such medical, surgical, hospital, or first aid 
treatment recommended by medical staff or by other medical 
professionals may result in denial of any claim for compensation for 
any impairment resulting from the injury.
    6. Section 301.105 is revised to read as follows:


Sec. 301.105  Investigation and report of injury.

    (a) After initiating necessary action for medical attention, the 
work detail supervisor shall immediately secure a record of the cause, 
nature, and exact extent of the injury. The work detail supervisor 
shall complete a BP-140, Injury Report (Inmate), on all injuries 
reported by the inmate, as well as injuries observed by staff. In the 
case of injuries on work details for other federal entities, the work 
supervisor shall also immediately inform community corrections or 
institution staff, as appropriate, of the injury. The injury report 
shall contain a signed statement from the inmate on how the accident 
occurred. The names and statements of all witnesses (e.g., staff, 
inmates, or others) shall be included in the report. If the injury 
resulted from the operation of mechanical equipment, an identifying 
description or photograph of the machine or instrument causing the 
injury shall be obtained, to include a description of all safety 
equipment used by the injured inmate at the time of the injury. Staff 
shall provide the inmate with a copy of the injury report. Staff shall 
then forward the original and remaining copies of the injury report to 
the Institutional Safety Manager for review. In the case of inmates 
based at community corrections centers, the work detail supervisor 
shall provide the inmate with a copy of the injury report and shall 
forward the original and remaining copies of the injury report to the 
Community Corrections Manager responsible for the particular community 
corrections center where the inmate is housed.
    (b) The Institution Safety Manager or Community Corrections Manager 
shall ensure that a medical description of the injury is included on 
the BP-140 whenever the injury requires medical attention. The 
Institution Safety Manager or Community Corrections Manager shall also 
ensure that the appropriate sections of BP-140, Page 2, Injury--Lost-
Time Follow-Up Report, are completed and that all reported work 
injuries are properly documented.


Secs. 301.201--301.204  [Redesignated as Secs. 301.202--301.205]

    7. In subpart B, Secs. 301.201 through 301.204 are redesignated as 
Secs. 301.202 through 301.205, and a new Sec. 301.201 is added to read 
as follows:


Sec. 301.201  Applicability.

    Lost-time wages shall be available only for inmates based at Bureau 
of Prisons institutions.
    8. In Sec. 301.303, paragraph (a) is amended by revising the first 
and the fourth sentences, paragraphs (b) through (e) are redesignated 
as (c) through (f), a new paragraph (b) is added, and newly designated 
paragraph (d) is amended by revising the first sentence to read as 
follows:


Sec. 301.303  Time parameters for filing a claim.

    (a) No more than 45 days prior to the date of an inmate's release, 
but no less than 15 days prior to this date, each inmate who feels that 
a residual physical impairment exists as a result of an industrial, 
institution, or other work-related injury shall submit a FPI Form 43, 
Inmate Claim for Compensation on Account of Work Injury. * * * The 
completed claim form shall be submitted to the Institution Safety 
Manager or Community Corrections Manager for processing.
    (b) In the case of an inmate based at a community corrections 
center who is being transferred to a Bureau of Prisons institution, the 
Community Corrections Manager shall forward all materials relating to 
an inmate's work-related injury to the Institution Safety Manager at 
the particular institution where an inmate is being transferred, for 
eventual processing by the Safety Manager prior to the inmate's release 
from that institution.
* * * * *
    (d) The claim, after completion by the physician conducting the 
impairment examination, shall be returned to the Institution Safety 
Manager or Community Corrections Manager for final processing. * * *
* * * * *
    9. Section 301.316 is revised to read as follows:


Sec. 301.316  Subsequent incarceration of compensation recipient.

    If a claimant, who has been awarded compensation on a monthly 
basis, is or becomes incarcerated at any federal, state, or local 
correctional facility, monthly compensation payments payable to the 
claimant shall ordinarily be suspended until such time as the claimant 
is released from the correctional facility.
    10. Section 301.317 is amended by adding a sentence at the end to 
read as follows:,


Sec. 301.317  Medical treatment following release.

    * * * The amount of a payment for medical treatment is limited to 
reasonable expenses incurred, such as those amounts authorized under 
the applicable fee schedule established pursuant to 42 U.S.C. 1395w-4 
for the Department of Health and Human Services Medicare program.
    11. Section 301.319 is amended by revising the citation at the end 
to read as follows:


Sec. 301.319  Exclusiveness of remedy.

    * * * U.S. v. Demko, 385 U.S. 149 (1966).

[FR Doc. 94-1110 Filed 1-14-94; 8:45 am]
BILLING CODE 4410-05-P