The FIRE Act would extend labor standards and occupational safety protections to incarcerated firefighters by amending the Occupational Safety and Health Act of 1970 (OSH Act) and the Fair Labor Standards Act of 1938 (FLSA). It applies to both correctional facilities operated by public agencies and those contracted to private entities, and it adds a defined category for incarcerated firefighters in those facilities.
The bill also creates a suite of state and federal incentives, grants, and programs designed to encourage safety coverage, promote career opportunities for former incarcerated firefighters, and enable expungement of certain offenses after successful completion of probation. In short, the act seeks to normalize workplace protections, expand employment pathways, and reduce collateral consequences for this workforce while tying accountability to state and facility reporting.
Beyond coverage, the bill establishes a government-funded pathway for reentry support and targeted expungement, creating a lifecycle of protections from in-facility work through post-release employment. It does not create a new federal firefighter corps; instead, it extends existing labor and safety frameworks to a population that has historically lacked equivalent protections and post-release options.
The result, if implemented, would be a policy framework that labels incarcerated firefighting as a protected form of employment with oversight, funding, and record-sealing mechanisms designed to improve safety, reduce recidivism risks, and expand opportunity.”
At a Glance
What It Does
The FIRE Act amends OSHA and FLSA to cover incarcerated firefighters. It adds definitions for correctional facilities and incarcerated firefighters, requires state plans to address safety conditions at such facilities, and ensures federal OSHA oversight for prisons. It also requires private contractors operating facilities to meet the same safety standards.
Who It Affects
Directly affects incarcerated firefighters in state and federal facilities (and private facilities under contract), correctional facilities, public agencies that operate prisons, and private contractor entities. It also expands the reach of state OSHA programs and the federal enforcement apparatus.
Why It Matters
This creates uniform safety protections and wage considerations for incarcerated firefighters, reduces exposure to unsafe conditions, and opens pathways to reentry and expungement—potentially improving safety, reducing recidivism, and expanding lawful, productive employment opportunities.
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What This Bill Actually Does
The FIRE Act creates a broad safety and employment framework for people who work as firefighters while incarcerated. It begins by redefining who counts as an incarcerated firefighter and how facilities are classified, aligning these definitions with existing labor and safety laws so that incarcerated firefighters gain standard protections where they work.
Section 2 expands OSHA coverage by treating correctional facilities—whether state-run or privately operated under contract—as workplaces governed by OSHA, with the Director of OSHA tasked with enforcing safety standards in those environments and with new reporting duties for facilities that run correctional programs. It also adds a reporting requirement for prison workplaces to the Attorney General and Congress, ensuring ongoing oversight of conditions and compliance.
Section 3 extends Fair Labor Standards Act protections to incarcerated firefighters, clarifying that these workers are considered employees for wage and hour purposes when performing firefighting or emergency response services. It also tweaks wage calculations to exclude court-ordered fees and other non-wage costs from the wage paid, ensuring that lawful deductions do not depress take-home pay below a standard wage floor.
The bill explicitly extends employment status to private entities that operate correctional facilities under public contracts, embedding the same protections across public and private operators.Section 4 introduces incentives for states to enact protections by amending the Omnibus Crime Control and Safe Streets Act. It requires annual reporting on safety conditions, injury or death, and potential noncompliance, with a two-year deadline after enactment for initial reporting and ongoing annual reporting thereafter.
The same section also expands certification requirements tying state protections to grant eligibility and quality assurances. Section 5 creates a grants program—authorized at $100 million per year for 2026 through 2031—to help states modernize occupational safety and health laws to cover incarcerated firefighters and to enforce those laws through inspections and penalties where appropriate.Section 6 adds a dedicated reentry program to fund job training, placement services, mentoring, and evaluation for former incarcerated firefighters during the 180-day reentry period after release.
It broadens the set of eligible entities and outlines permissible uses of those funds, including targeted employment assistance and best-practice development for job opportunities in firefighting roles after release.Section 7 establishes an expungement mechanism for offenses committed before or during incarceration, including petition rights, counsel for indigent petitioners, evidence submission, and a structured decision framework. It defines timelines for mandatory and discretionary expungement, sets notification requirements to relevant authorities, and imposes limits on how expunged records may be disclosed, all with strong protections against misuse.
It also anchors the expungement in a framework that recognizes the real-world impact of records on employment and public safety, while preserving justice-system integrity.
The Five Things You Need to Know
OSHA coverage is extended to incarcerated firefighters in correctional facilities.
FLSA protections are extended to incarcerated firefighters as employees, including private facilities under contract.
States must report on workplace safety conditions and potential noncompliance within 2 years of enactment, then annually.
A grants program provides $100 million per year (2026–2031) to help states cover incarcerated firefighters and enforce safety standards.
Expungement proceedings create a structured process to seal eligible offenses after sentence completion, with mandatory and discretionary timelines.
Section-by-Section Breakdown
Every bill we cover gets an analysis of its key sections.
Short title and table of contents
Becomes the official short title: the Fairness, Inclusion, Rehabilitation, and Expungement for Incarcerated Firefighters Act (FIRE Act). It also lays out the table of contents and the overall structure that follows in Sections 2–7.
OSHA coverage for incarcerated firefighters
Amends the OSH Act to include correctional facilities in the scope of workplace safety protections. It defines correctional facilities for OSHA purposes and extends federal oversight to incarcerated firefighting work carried out in such facilities, including those operated under contract with private entities. It also requires annual and post-enactment reporting on safety conditions to the Attorney General and Congress.
FLSA coverage for incarcerated firefighters
Amends the FLSA to treat incarcerated firefighters as employees for wage and hour purposes when performing firefighting or emergency response work in correctional settings. It clarifies that the cost of board and lodging and any court-imposed fees are treated in a way that does not reduce wages below statutory levels and extends coverage to private entities under contract with public agencies.
Incentives for States to enact protections
Amends the Omnibus Crime Control and Safe Streets Act to require annual reporting on safety conditions at correctional facilities and noncompliance. It links grants to compliance with safety protections and adds certification requirements for states to receive funds or recognition of equivalence in enforcement.
Grants to assist States in covering incarcerated firefighters
Establishes a grant program to help states modernize their occupational safety and health laws to cover incarcerated firefighters and to enforce those laws. It authorizes $100 million per fiscal year for 2026–2031 and defines eligible recipients and implementation pathways.
Incarcerated firefighter reentry program grants
Creates a reentry program under the Workforce Innovation and Opportunity Act to fund job training, placement, and mentoring for former incarcerated firefighters during a 180-day reentry period. The section specifies eligible entities, fund use, evaluation, and best-practice development for employment in firefighting roles after release.
Expungement of certain offenses
Establishes a process for eligible incarcerated firefighters to petition for expungement of offenses. It details counsel, timing for recommendations, evidence submission, and a framework balancing justice, public safety, and employment opportunities; it also prescribes disclosures, record-keeping, and restrictions on improper use of expunged information.
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Explore Employment in Codify Search →Who Benefits and Who Bears the Cost
Every bill creates winners and losers. Here's who stands to gain and who bears the cost.
Who Benefits
- Incarcerated firefighters who complete their sentences gain access to occupational safety protections and potential expungement pathways that improve future employment opportunities.
- Correctional facilities (public and private) achieve clearer safety standards and oversight, reducing risk and potential liability from unsafe working conditions.
- State and local OSHA programs gain expanded coverage and additional grant funding to enforce safety protections for incarcerated workers.
- Private operators of correctional facilities under contract with public agencies are bound to the same safety and wage protections, facilitating compliance and reputational benefits.
- Former incarcerated firefighters benefit from reentry services and the expungement process that can reduce barriers to employment and licensing in firefighting and related fields.
Who Bears the Cost
- Correctional facilities may incur costs to upgrade safety equipment and train staff to meet OSHA standards.
- State and local governments must administer reporting and enforcement mechanisms, creating administrative and fiscal burdens.
- Private contractors operating correctional facilities may face compliance costs and alignment requirements with federal protections.
- U.S. DOJ and DOL (through ENFORCEMENT and reporting) will expand oversight responsibilities and data collection.
- Some costs may be passed through to taxpayers or facility budgets, particularly in facilities where funding is tight.
Key Issues
The Core Tension
The central dilemma is between expanding strong safety and reentry protections for incarcerated firefighters and the administrative, fiscal, and logistical burden of implementing these protections across public and private correctional facilities.
The FIRE Act creates a robust framework for safeguarding incarcerated firefighters, but it raises substantial implementation questions. States will need to align their occupational safety programs with a new definition of a correctional facility and ensure that facilities under contract with private operators meet OSHA standards.
The scale of reporting and enforcement could require additional staffing and funding at both state and federal levels. While the act channels significant federal dollars toward safety and reentry programs, the exact allocation, oversight, and long-term sustainability will depend on annual appropriations and state capacity.
The expungement provisions are consequential, balancing rescue from the stigma of a criminal record against concerns about records management and potential public-safety implications.
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