In September, after months of organizing via smuggled cellphones and outside go-betweens, prisoners across the country launched a nationwide strike to demand better working conditions at the numerous facilities that employ inmate labor for little or no pay.
The strike, which spread to dozens of institutions in 22 states, briefly called attention to a fact about prison labor that is well-understood in America’s penal institutions but scarcely known to the general public: Inmates in America’s state prisons — who make everything from license plates to college diploma covers — are not only excluded from the U.S. Constitution’s prohibition on slave labor, but also exist largely outside the reach of federal safety regulations meant to ensure that Americans are not injured or killed on the job. Excluded from the U.S. Occupational Safety and Health Administration’s mandate of protecting American workers, these inmates lack some of the most basic labor protections other workers take for granted.
This vacuum of oversight causes the labor performed behind prison walls to be doubly invisible because it excludes inmates from federal record-keeping rules requiring non-prison employers to report serious job-site injuries to the federal government.
Yet injury logs generated by the California Prison Industry Authority (CALPIA) — the agency in charge of overseeing the prison work programs in the country’s second largest prison system — provide a rare window into the varied dangers that face inmate laborers. Since 2012, inmates in California have reported more than 600 injuries while working for as little as a 35 cents an hour, according to the documents obtained by The Intercept. The logs contain a wide range of job-site harms, from fingers being smashed in steel molds or sucked under sewing machine needles to less serious maladies like carpel tunnel syndrome and other common overuse conditions.
In some severe cases, inmates’ appendages were amputated after being crushed or severed in machinery. “[The inmate’s] sleeve became caught in gear and pulled hand into assembly,” one log reads, “resulting in amputation of r. hand.”
California generally pays its some 7,000 inmate workers between 35 and 95 cents an hour for their labor, and it is unclear whether any of the inmates listed as having lost appendages while working in California prisons have yet received any compensation for the amputations. A CALPIA spokesperson told The Intercept that the state had provided each of the inmate amputees with workers’ compensation forms, but the injured prisoners could take no action to pursue their claims until released from prison. California state law prohibits inmates from receiving workers’ compensation while still incarcerated, meaning that inmates serving life without parole sentences would never be entitled to a penny of compensation even for losing limbs on the job.
A common theme running among throughout the logs is the potential for many of the injuries to have been averted. “I did not really see anything in here that wouldn’t have been preventable,” said Linda Delp, the director of University of California Los Angeles’s Labor Occupational Safety and Health program, who reviewed the injury logs. Delp said that entries in the CALPIA logs conform to patterns she has seen on non-prison worksites where there is too little training of workers or where the employees are impelled to cut corners because management is requiring too much work to be done in too little time — or both.
A variety of recurring and preventable injury-types caught Delp’s attention. For instance, repeated entries describe objects becoming lodged in inmates’ eyes while they use industrial grinders. A possible solution, according to Delp, would be to ensure that inmate workers wear appropriate safety goggles or visors and have adequate training. Many other logs involve workers losing control of unwieldy objects, which then fall on workers, causing injuries in which body parts are strained, crushed, or lacerated. A solution to this, said Delp, would be to make sure inmates have enough help lifting and maneuvering heavy objects. There are also recurring cases where workers’ fingers become stitched through under sewing machine needles, or have their hands pulled into moving parts on sanders or other machinery — all of which could be prevented by proper machine guarding mechanisms and training, Delp said.
“In looking at these,” Delp said, “there’s something going on in terms of not providing the training and equipment that they need.”
Michele Kane, a CALPIA spokesperson told The Intercept that the office reports all inmate injuries to the state’s department of labor. “They implement and enforce safety regulations over all employers in California,” Kane said, “including state agencies such as CALPIA.” In response to questions from The Intercept regarding the potential preventability of injuries, a CALPIA spokesperson assigned workers responsibility for their injuries. “In spite of training and proper safety equipment provided by CALPIA,” Kane said in a statement, “there are times when inmates violate training protocols.”
While Delp cannot say anything for certain about CALPIA management practices by reviewing the logs alone, she took notice of the agency’s tendency to blame workers for their injuries.
“I always look for how these things are described and whether individual workers are blamed for what happened,” Delp said. “What’s fairly common across different types of jobs is for management to look the other way when people are breaking the safety rules because they want them to work faster, until someone gets hurt. And then that person is blamed for not following the safety rules.”
A typical example of CALPIA’s allocation of blame appears in one of the several logs that describe an incident resulting in an inmate suffering an amputation, in this case, a finger in garment machinery at the California Men’s Colony prison in San Luis Obispo County in April 2014. “While inmate was cutting fabric, inmate removed his glove to adjust machine, and failed to put his glove back prior to operating the machine,” the log reads, adding no additional information other aside from its result: amputation of “Finger(s)/Thumb(s).”
Top photo: James Dickert, age 68, sews socks together in a prison factory at California Men’s Colony prison on December 19, 2013 in San Luis Obispo, California.
Donald Trump, by his own admission, is guilty of sexual assault he also ran a fraudulent University. And, a fraudulent charity Foundation and admitted to gaming the I.R.S. Is he in jail? As a matter of fact, he will soon be the next President! Go figure.
Sod off, stick to the topic at hand or leave the page.
This will be plain and simple so if anyone does not like they can drop dead and go fuck themselves:
It is true that the Constitution protections agaisnt slavery and involuntary servitude have been construed as not being applicable to convicted prisoners in the US; and, true there has not been much interest in constitutional civil rights on the higher levels of the court as such cases are suppressed on the lower levels, but:
Anyone who has been convicted who has not been lawfully sentenced to hard labor and involuntarily servitude is for the most part tricked, coerced, defrauded, of their labor, and in punishment or retribution for defiance of order directives rule to the contrary are having the constitutional rights in violation of USC Title 42 Sec 1983, in that under the color of law they are deprived of their statutory and constitutional rights especially since the lawyers of this country generally are the criminal sellouts they are.
But who will tell you to the contrary where the legal system protects multi-billion dollar industry in legalized crime but does not appropriately punish white collar criminals and the rich. GIMME YOUR MONEY NOW!
@Andrew Stergiou-please allow me to review more of your thoughts on this since the above comment was so fucking spot on! Amen!
Like Yakov Smirnoff used to say, “Whadda country!” Except, this is no joke.
If the jobs ever come back from the Chinese barracks, the banksters will make sure they’re performed in private prisons for profit, at 35 cents an hour. Better still, why not bill the slaves – the capitalist evolution of the company store into the company prison.
I would hope at least some people would understand that many of these inmates are criminals and that some of them choose a life of crime to avoid work. Also because of their crime/conviction the state, meaning you and me, have to pay about $100/day to feed, clothe and house them. This is where the slavery claim becomes ludicrous as their work only pays for a small fraction of their upkeep cost.
These jobs may not be great but they are learning to work and developing skills that may be useful outside of prison and help to keep them outside of prison.
criminals? Only in the twisted USA “Just Us” system. 70% are there for victimless crimes. Meaning there is no complaining party other than some DA trying to boost their career. Some day one of these “criminals” is going to wise up and and destroy the entire racket by pointing out the fact that there is no plaintiff in these criminal actions. There is no injured party and there are no damages. These means there is no valid cause of action according to black letter law.
I wonder what your definition of victimless crime encompasses. Are heroin and meth dealers committing victimless crime with no responsibility for its consequences?
Criminals face the state in court but under your warped logic murders would be freed because there was no living victim available to be a plaintiff.
“I would hope at least some people would understand that many of these inmates are criminals and that some of them choose a life of crime to avoid work.” its hard work being a successful criminal or are you just stupid? What are your criminal job references? DO you have a resume? Criminals work for many of the best corporation in the US though CEOs and their boards of directors do not put that in glossy brochures for idiots like you. and don’t forget when the JFK & the CIA tried to hire the “mob” to know off Castro! perhaps you did it all wrong but that is because people like you are “stupid” and never learn because people like you are suckers who believe in scams and ironically are cynical of veracity when you should not. So love to hate you. bye.
Looks like we can compete with the Chinese after all. This increases my respect for the Chinese and the Russians, talk about the pot calling the kettle.
I believe that quite a lot of your military’s personal equipment (helmets etc) are also made by convicts. Kind of shows how little both groups are cared for by the higher-ups.
Is it a belief or a fact ? It is quite believable . I would not be surprised if the privately owned prisons are making ammunition . There’s a huge market out there for cheap ammo !!
That BUSINESS MODEL needs to be feed ,,, OFTEN !!!
feed s/b fed
Here is your opportunity to make 35 cents an hour and have your fingers chopped off. This is heart wrenching reporting. It makes me ashamed of being an American. It almost makes me ashamed of being human.
Justice will only come when the banksters and all the corrupt politicians and judges that serve them are in jail making 35 cents an hour, and all the money they have looted from the treasury and gained from enslaving the masses in debt is properly placed in service to the people as opposed to the satisfaction of the most amorally greedy.
Compare blacks of the inner city whom largely make up the populations of those prisons to that of the white privileged elites whose many parents inherited fortunes from families that earned their wealth from basically paying off politicians so that they could take advantage of every corporate welfare scheme imaginable. Then these benefactors of corruption brazenly chide those of the needy as the takers that receive from a far smaller pool of legitimate welfare funds.
” Justice will only come when the banksters and all the corrupt politicians and judges that serve them are in jail ,,, blah , blah ,,blah ,, ”
__________________________________________-
And in whose jail will you put them Fellow Citizen ? Whose law will you exercise to indict them ? . Are you so naive as to think THE LAW will jail itself ? The LAW is arming itself to the teeth . Its not about to give up its hold .
GEEZ !! WAKE UP !!
To Mudbone:
What you are really saying is stay asleep.
Really ? I think that’s what you heard ! It certainly is not what I wrote .
I suggest you have the four or five functioning synapses in your brain retrained to jump through bigger hoops .
Some of these commenters seem to hold onto the illusion that THE LAW can be made to turn on itself . One thing must be kept in mind :
Throughout history THE LAW is what THE LAWD says it is . And THE LAWD ain’t never been part of the general population . The way to get rid of THE LAWD is the same way THE LAWD gets rid of those who protests THE LAWS that THE LAWD enforces .
To Mudbone:
You wrote “And THE LAWD ain’t never been part of the general population .”
And it never will be if you belive it will never be.
So , Fellow Citizen ,,, you are a BELIEVER that believes I am one also . Beliefs are simply the crap forced fed to children .
I have no beliefs !!! I am a scientist . I try and fit my world model as best I can to all the data I experience . I admit that objectivity can at times be excruciatingly hard to exercise . The rules of Logic and Mathematics are what I use , as any decent scientist does , to separate the personal ( e.g. beliefs ) from fact ( e.g. gravity ) .
But then again Fellow Citizen , I’m probably not a member of the general population .
If you want beliefs I suggest you you call on the Easter Bunny ,,he’s next up .
Or better yet ,,, BERNIE SANDERS !!! That JudasGoat owes me $575 !!!
I hope you get your $575 back, and Jill Stein should pay back the $9 million she raised for her Benedict Armold recount.
The LAW is THE PROBLEM !! The LAW and its never ending degeneration into serving the most greedy ,, the most sociopathic ,, the most sadistic,,
the most evil faucets of the human psyche ,,,,
It is obvious that the LAW SUCKS !!!
When the LAW makes profit off EVIL , it is THE PRIMARY EVIL !!
Today , in America , cops , politicians , medical entrepreneurs ( aka Doctors ) , businessmen , are nothing more than social cancers that are spreading under the cover of legality . The biggest drug pushers are our MDs ! The biggest drug dealers are Big Pharma ( e.g. Abbott Labs ) . The lawyers work both sides of the street via law suets .
And there ain’t no way to fix the law legally . It would be like trying to wipe your hole afterwards with a turd !
Hmm. I LIKE my GP MD. What’s wrong with yours? Then again, on the other hand, the insurance companies that doctors and patients have to deal with ought to be relegated to the deepest, hottest parts of Hell.
So what’s the alternative, poopstick? Anarchy? You know what that leads to? Violence, and the strongest eventually claiming on top to lord over the weak. So what exactly is your plan?
Quite obvious that they blame the workers for being born. Pathetic and ignorant “protocol” instituted by psychopathic and anti-social military persons. They’re also the same “people” who continue to force said practice(s) to be perpetuated in the name of some “god” that they’ve never met, and probably never will meet. Scary to think they’re willing to start a nuclear war with the Chinese and Russians all because they looked at a picture of a galaxy that they’ll probably never travel to. Very, very frightening, unless they come to their senses.
the political elites in california are now one large criminal enterprise sucking money from the public. California is broke, bankrupt, eager for slave labor, taxes people to death (https://www.nevada123.com/learning-center/gil_hyatt_vs_ca_ftb), is out of water, firestorms instead of rain, worn out soil, a border invasion, gangs and drugs everywhere, overpriced everything, and a few nice bridges.
“You can judge a society by how well it treats its prisoners”. – Fyodor Dostoevsky
By that standerds the US of fucking A is a bunch of cunts.
+1
+2 actually!
Not sure who Fyodor Dostoevsky is. But I would provide a different quote…
“You can judge a society by how well the prisoners repays the society and rehabilitated”
I personally wish they provide harsher sentencing, more hard labor (like clean sewer system). This applies to white collier criminals.
Similar abuses occur in jails where inmates awaiting trial (i.e. NOT convicted) are held for long periods, sometimes years. Inmates are routinely denied adequate food, clothing and hygiene items, for example, and if families deposit money to pay for basic items, the jail system withholds up to half to repay “administrative costs, etc.” The whole system is operated as an extremely badly run business that exploits not only the prisoners, but their families.
Wait a second, I thought California was soooo liberal!!
It is. So were the Soviets. So is the DPRK.
America, The Land of the Free to do as you’re told.
This country was founded by slave owning businessmen. A lot of these businessmen still wish they had slaves to do the work. Slavery is too ugly of a word now, so they change it to a more palatable term: felon. First they get communists to populate their slave labor camps, then they set their sites of the impoverished with The War on Drugs, and now they are going to expand it to political dissidience and “terror” with The War on Terror as reason to enslave you.
If you manage to stay out of the sights of the police, they will snipe you with their “education” trap and trick you into insurmountable debt where you’re now a slave to a bank with no escape. Not only destroying another kid’s chance at economic success, but destroying the entire family’s financial future!
The deck is stacked against the youth. Some of us are waking up to this, but we run into the problem of “Is it too little too late?”. I don’t think we should ever give up fighting for our futures, but I see a great struggle ahead of my generation.
My advice to my fellow young people, DON’T HAVE CHILDREN! You are guaranteed a life in poverty if you have children. The costs have risen exponentially since our parents raised kids and we will never have the same life they had. Don’t buy into the game! Make your own rules!
Not to nitpick, but the reason inmates are excluded from the prohibition on involuntary servitude is that the Thirteenth amendment prohibits slavery “except as a punishment for crime whereof the party shall have been duly convicted”.
Not to nitpick but that’s not a reason
That’s not a reason for what? Please use a full sentence.
What you cited is not the reason that inmates are excluded from the thirteenth amendment. You’re just reciting the language of the law, not offering any explanation of why it was written. So what is the reason inmates are excluded? The answer is not “cause that’s what the law says”.
See my reply to Chris, below.
How does this article imply that the practice of using inmate labor is illegal? The introduction pretty clearly states that the practice is legal, and that inmates are legally excluded from major federal safety regulations. It’s not hard to imagine why one would argue that the practice is wrong though. Pointing to its legality does little to convince one that it’s right. Rather, the vacuum in oversight highlighted by this article goes a long way towards making an argument against the entire practice.
@John
Perhaps you might want to extend your point a bit? Those words were inserted into the amendment for nefarious reasons, despite the cleverly-worded legalize…and many Southern whites jumped at the opportunity to utilize the exclusion to their benefit, and to the continued oppression of people of color. The history of Reconstruction, my friend…fast-forwarded 150 years to unfair and inhumane labor practices, mass incarceration, and a multitude of other sins of commission and omission.
I’m not disputing the content of the article, but Spencer Woodman appears to imply that the mere practice of using inmate labor (not just the abuses he details) is itself illegal or wrong.
Not withstanding the many flaws in the broken justice system, prison labor is not necessarily wrong, provided that inmates are protected by the same labor and safety regulations as otyer workers are (which, evidently, they’re not).
Indeed. But it’s not difficult to change what crimes are and how they’re enforced, and I rarely ever hear of someone getting a punishment of “hard labor” for a drug offense, or any offense really. It is implied that felons are not humans and don’t deserve rights as humans do, so it’s okay to enslave them. The public is ostensibly okay with this system because they operate on the “Well then maybe you shouldn’t commit a crime then” which you usually hear from sheltered suburban whites. They have no problem speeding, rolling through stop signs, or committing a myriad of other “white crimes” because you get a fine or stern warning. No big deal if kids selling weed are getting enslaved though. The system will only start to change once kids stealing and abusing prescription drugs are being enslaved, and people are getting thrown into prison for speeding, or dare I say, massive bank fraud.
Felons are doomed for life anyway. All their rights are stripped and they can’t vote so they have no voice in the system in order to improve it. Those charges never go away, unless you have the money but if you have the money you probably won’t get convicted anyway. You’ll just pay your way out of the system.
Law Enforcement in america is just a government sponsored mafia. They use the same exact tactics and have a similar philosophy. There are two separate rule systems in the US law. The rules for the wealthy and the rules to keep everyone from getting their own wealth.
If people aren’t willing to talk about the actual actions of these institutions then nothing will change. People keep falling back on old advertisements and slogans of these institutions as if those false promises matter. Lies won’t stop until we stop lying to ourselves.
thou shalt not steal… bible
a man who steals to eat is not a thief… ?
God’s gift is life and food and land to walk upon. That is freedom.
Point sadly being that employing convicts as slaves is constitutionally protected activity.
We badly need a new Constitution.
I fear that a new one would not help. The government does not uphold the present one.
I hear ya, Jerry, but still….
Tom and Jerry,
It’s sad neither of you see this from the justice point of view. You forget who is the real victim.
What do you think they should be paid? minimum wage? with pension? since they are government employee.
If they were to write a new Constitution, the language would include, pay back to the society, the victim and the cost of incarceration.
How would they repay the costs of that if they were in prison? Really, the smart thing to do would be to completely abolish prison. And its not like you can claim they’re needed because they are working. If prisons were working, we wouldn’t have them because they would’ve worked and wouldn’t be needed.
The LAW is THE PROBLEM !! The LAW and its never ending degeneration into serving the most greedy ,,
the most sociopathic ,,
the most sadistic,,
the most evil faucets of the human psyche ,,,,
it is obvious that the LAW SUCKS !!!
When the LAW makes profit off EVIL , it is THE PRIMARY EVIL !!
Today , in America , cops , politicians , medical entrepreneurs ( aka Doctors ) , businessmen , are nothing more than social cancers that are spreading under the cover of legality . The biggest drug pushers are our MDs ! The biggest drug dealers are Big Pharma ( e.g. Abbott Labs ) . The lawyers work both sides of the street via law suets .
And there ain’t no way to fix the law legally . It would be like trying to wipe your hole afterwards with a turd !