Code of Massachusetts Regulations
103 CMR - DEPARTMENT OF CORRECTION
Title 103 CMR 455.00 - Correctional Industries
Section 455.10 - Shop Rules and Operational Procedures (Industries)
Current through Register 1531, September 27, 2024
Each Superintendent, in cooperation with the Industries Supervisor, shall develop rules and operational procedures for each Industries Shop. 103 CMR 455.00 and operational procedures shall be reviewed by the Director of Industries to insure commonality between institutions of the same security level. Each inmate shall read the Shop Rules and Operational Procedures, then sign a form, indicating he or she has read and understood them.
These Shop Rules and Operational Procedures shall include, but not be limited to:
(1) Inmates should not be out of work unless it is absolutely mandatory (e.g., medical appointments). Institutions should strive to schedule all other appointments around work schedules (e.g., haircuts, canteen, classification hearings, etc.). Call out time for personal affairs (e.g., visits) requires previous authorization from the shop supervisors.
(2) No inmate employees may be idle in the shop area. All inmates will be given ample work to remain productive for the entire time they are in the shop area. Any activity not related to work (games, exercising, etc.) shall not be allowed. Each inmate will be required to work at a job and every effort will be made to assign jobs in accordance with the inmate's ability to perform the job. If there is insufficient work in the assigned work area, the inmate may be required to work in another area. An inmate may be required to work in another shop on a temporary basis.
(3) Working hours are to be established by the Director of Industries and the Superintendent for each industries location. Working hours will be no less than six hours per day (approx. hours to be 8:00 A.M. to 11:30 A.M. and 1:00 P.M. to 3:30 P.M.) unless otherwise determined by the Director of Industries and approved by the Institution Superintendent at the industries location.
(4) Full time employees will work both morning and afternoon. If an inmate is hired on a part time basis, he or she will work either every morning or every afternoon during the work week unless otherwise approved by the Director of Industries.
(5) Each inmate who is employed by Industries will punch his or her own timecard at the beginning and end of each work period. After punching in, he or she will give the timecard to the instructor for whom he or she works. A Shop Manager or Instructor will supervise and monitor inmate use of the time clock by reviewing each timecard. When no time clock is available, such as outside the institution work crews in renovation and construction, the inmate will be logged in and out on a log sheet by their instructor.
(6) If an inmate is laid off due to lack of available work in the shop and through no fault of his or her own, he or she may be hired back at the same pay grade held at time of layoff when an opening exists. If the pay grade previously held by the inmate worker is not open, he or she will be given the next lowest pay grade available and will have seniority for the next opening, provided he or she has maintained the qualifications for the higher pay grade.
(7) Inmates may be removed from their work assignment for security reasons. Nothing in 103 CMR 455.00 shall be construed as limiting the ability of correction personnel to remove an inmate from his or her work assignment.
(8) Any inmate worker may be fired by his or her work supervisor or the Industries Supervisor for work-related issues, which include, but are not limited to:
(9) Only actual working time will be paid for by Industries. Time away from work for canteen, medication, dentist or doctor's appointments, counseling, school avocation, programs, disciplinary boards, court hearings, visits and other non-industries related absences will not be paid. Inmates removed from work for any reason by the institution will not be paid during their time away from work.
(10) General safety procedures for all shops shall be adhered to.