Ga. Comp. R. & Regs. R. 300-9-1-.02 - Documentation That Local Non-Inmate Workers Will Not Be Displaced by Inmate Labor When PIECP Work Site Is Located on Private Property

Current through Rules and Regulations filed through April 4, 2022

(1) If the PIECP program work site would be located on private property rather than State property, the Department of Corrections shall provide to the Department of Labor, in addition to the information listed 300-9-1-.01, documentation of the PIECP private sector employer's good faith efforts to recruit non-inmate workers for jobs and/or job classifications included in the PIECP work project. Documentation of a PIECP private sector employer's good faith recruitment efforts shall include:
(a) the sources used for recruitment, including, but not limited to, general advertising; advertising in the local newspaper covering the locality impacted by the presence of the PIECP work project for a minimum of three (3) days in a daily newspaper or three (3) publication cycles in a weekly newspaper; public and/or private employment agencies, including the Georgia Department of Labor's Employment Services job listing service; colleges or universities; vocational, trade or technical schools; labor unions; and/or development or promotion from within the employer's organization;
(b) Identification of each recruitment source by name;
(c) number of non-inmate workers responding to the recruitment efforts undertaken through all sources;
(d) number of interviews conducted with U.S. workers;
(e) information specifying the lawful, job-related reasons for not hiring non-inmate workers responding to the recruitment or interviewed;
(f) documentation specifying the wages and working conditions offered to the workers;
(g) a copy or copies of the job announcements; and
(h) documentation that the PIECP private sector employer's current efforts to locate and employ non-inmate workers for the job opportunity, such as recruitment efforts by means of public and private employment agencies, labor unions, advertisements placed with radio or television stations, recruitment at trade schools, colleges and universities, or attempts to fill the job opportunity by development or promotion from among its present employees, have been and continue to be unsuccessful.
(2) The Department of Corrections shall provide to the Department of Labor written documentation of consultation, prior to beginning PIECP work project operations, with appropriate local organized labor representatives.
(3) The Department of Corrections shall provide to the Department of Labor written documentation of consultation, prior to beginning PIECP work project operations, with local private business and industry representatives that may be economically impacted the PIECP work project.
(4) The Department of Labor shall review the information pertaining to labor certification, employer recruitment, required employer consultations, and employer agreement not to displace its non-inmate employees, along with the wage information submitted by the Department of Corrections on the Prevailing Wage Request Form, to make a finding as to whether the use of inmate labor would result in the displacement of employed workers; be applied in skills, crafts, or trades in which there is a surplus of available gainful labor in the locality; or impair existing contracts for services.

Notes

Ga. Comp. R. & Regs. R. 300-9-1-.02
O.C.G.A. Sec. 42-5-120et seq.
Original Rule entitled "Documentation That Local Non-Inmate Workers Will Not Be Displaced by Inmate Labor When PIECP Work Site Is Located on Private Property" adopted. F. Sept. 25, 2006; eff. Oct. 15, 2006.

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