LAW
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Ohio Laws and Rules
(A) As used in this section:
(1) “Inmate” includes any person who is committed to a detention facility, who is in the custody of the department of rehabilitation and correction, and who is participating in an approved assignment under the federal prison industries enhancement certification program. “Inmate” does not include a prisoner confined within a detention facility operated by or for a political subdivision.
(2) “Federal prison industries enhancement certification program” means the program authorized pursuant to 18 U.S.C. 1761.
(B) Private employers who purchase goods made by inmates or utilize inmate labor in the production of goods under the federal prison industries enhancement certification program shall purchase and be solely responsible to provide a policy of insurance for inmates participating in the program.
(C) The policy of insurance required by this section shall provide benefit payments for any inmate who sustains a compensable injury while participating in the program. The benefit payments shall compensate the inmate for any temporary or permanent loss of earning capacity that results from a compensable injury and is present at the time of the inmate’s release. The benefits shall be awarded upon the inmate’s release from prison by parole or final discharge. The policy of insurance shall provide coverage for injuries occurring during activities that are an integral part of the inmate’s participation in the program production. The policy of insurance shall not pay benefits for injuries occurring as the result of a fight, assault, horseplay, or other activity that is prohibited by the department’s or institution’s inmate conduct rules.
(D) Private employers shall submit to the prison labor advisory board as a requirement for participation in the federal prison industries enhancement certification program proof of liability coverage that meets or exceeds the requirements set forth in 18 U.S.C. 1761(c)(3).
(E) Inmates covered under this section are not employees of the department of rehabilitation and correction or the private employer. Nothing in this section shall be construed as creating a contract for hire between the inmate and any other entity.
(F) Any inmate participating in the federal prison industries enhancement certification program is ineligible to receive compensation or benefits under Chapter 4121., 4123., 4127., or 4131. of the Revised Code for any injury, death, or occupational disease received in the course of, and arising out of, participation in that program. Any claim for an injury arising from an inmate’s participation in the program is specifically excluded from the jurisdiction of the Ohio bureau of workers’ compensation and the industrial commission of Ohio.
(G) Any liability benefit awarded for any injury under this provision shall be the exclusive remedy against the private employer and the state.
(H) If any inmate awarded liability benefits under this provision is recommitted to the custody of the department of rehabilitation and correction, the benefits shall immediately cease but shall resume upon the inmate’s subsequent parole or discharge from incarceration.
Effective Date: 03-31-2003