300.046 - Relationship of Physical Plant Contractors With a Correctional Facility

Minnesota Department of Corrections

Division Directive: 300.046 Title: Relationship of Physical Plant Contractors with a

Issue Date: 2/5/13 Correctional Facility

Effective Date: 2/19/13

AUTHORITY: Minn. Stat. §241.01, subd. 3a

PURPOSE: To provide procedures for access, movement, training/orientation, and work of physical plant contractors and design team consultants at a Minnesota Correctional Facility (MCF).

APPLICABILITY: Minnesota Department of Corrections (DOC); all MCFs

DIRECTIVE: Physical plant contractors and design team consultants are granted access and allowed to perform contracted work in a MCF as outlined in this directive. Facilities may write instructions to implement this directive.

DEFINITIONS:

Class 1-A tools - see Policy 301.040, “Tool Control” for definition.

Class A tools – see Policy 301.040, “Tool Control” for definition.

Design team consultant - individuals or firms that contract with the State of Minnesota to provide construction design, or firms that are interested in providing construction design services to the State of Minnesota such as architects, engineers, hazardous materials consultants, etc.

Escort - physical plant contractors and design team consultants must be within visual contact of a correctional staff, or in an unoccupied offender room/building in relatively close proximity to a correctional staff.

Physical plant contractor - any person directly contracted or working for a firm that is directly contracted or subcontracted with the State of Minnesota to work on a remodeling or repair project, new construction project or a maintenance service contract. This definition does not include contractors providing direct services such as food service, education, treatment, or other programming.

Sensitive security areas - facility areas, as determined by the facility captain/administration, where access to staff and others is limited or controlled, including such examples as: close proximity to the perimeter fence/wall, tunnel system.

PROCEDURES:

A. Admittance authorization, background checks, and identification

1. Short term - MCFs may allow physical plant contractors and design team consultants to attend short term, single event meetings (such as pre-bid meetings) by following Division Directive 300.032, "Admittance Authorization to Adult Facilities." A criminal history background check is not required as long as the persons are escorted by department staff while on MCF grounds.

2. Project duration two weeks or less

a) MCFs may admit physical plant contractors and design team consultants using Division Directive 300.032, "Admittance Authorization to Adult Facilities."

b) MCF staff must complete criminal history background checks on the physical plant contractors/design team consultants on or before the first day of contracted work. The background check may be run, reviewed, and approved while the physical plant contractor/design team consultants are on-site working under staff escort; however, the admittance authorization process must be followed until background checks have been completed.

c) Physical plant contractors/design team consultants must be under staff escort in the MCF perimeter and do not require department training/orientation.

d) MCFs may provide contractors with training/orientation, issue MCF contractor identification (ID) cards, and grant the contractor more freedom of movement within the perimeter (see also Policy 103.013, “Identification Cards - Employees/Contractors/Volunteers/Interns”).

3. Ongoing/regular access

a) All physical plant contractors and design team consultants entering state grounds on an ongoing, regular basis (greater than two weeks) must have a criminal history background check completed, reviewed, and approved by appropriate personnel (see Policy 300.045 “Contractor Relationship to Department” Procedure A). When possible, the physical plant contractor/design team consultant must submit individual background check information a minimum of one week in advance of facility entry.

b) MCF staff cross-references physical plant contractor and design team consultant name(s) with the visiting database. If any contractor name(s) appears on an offender's visiting list, appropriate MCF personnel determines if the contractor will be approved to enter the facility.

c) The department reserves the right to run a criminal background check on any physical plant contractor or design team consultant at any time.

d) The MCF issues department contractor ID to physical plant contractor/design team consultants once the individual(s) have completed designated training/orientation (see also Policy 103.013, “Identification Cards - Employees/Contractors/Volunteers/Interns”).

(1) The contractor ID card expires at the end of the contract with the department or one year after issuance of the ID, whichever is less.

(2) The facility determines whether the contractor ID cards must remain at the facility or may go off-site with the contractor(s). At the end of the project, all physical plant contractors and design team consultants must return the ID cards to the MCF.

B. Tuberculosis screening - physical plant contractors and design team consultants are not required to have tuberculosis screening.

C. Escorts and communications

1. Escorts

a) Correctional staff must escort physical plant contractors and design team consultants in sensitive security areas. Without the designated training/orientation, physical plant contractors and design team consultants must be escorted inside the secured perimeter.

b) Each MCF determines if escorts are required for work outside the secured perimeter, and at level one facilities on a case-by case basis. Each MCF determines if training/orientation is required for work outside the secured perimeter and at level one facilities.

c) If physical plant contractors or design team consultants have the designated training/orientation, each MCF may allow the physical plant contractor/design team consultants to move to/from and around the construction site unescorted.

d) When an escort is not required, corrections staff may perform random security checks.

e) The facility must identify whether any machinery, equipment, tools, vehicles, or materials require continuous department staff supervision inside the secured perimeter (see Policy 301.040, “Tool Control”).

f) Under limited circumstances and with prior facility approval, physical plant contractors and design consultants may be allowed to move from a specific construction site to a different construction site inside the perimeter without a correctional staff escort.

2. Communications

a) The MCF ensures that physical plant contractors have some means of communication with correctional staff, such as phone or radio.

b) With warden’s prior approval, the project superintendent and designated foremen may be allowed to carry cell phones pursuant to Policy 104.470 “Cellular Telephones.”

c) With prior facility approval, two-way radios may be allowed as long as the radio frequency does not interfere with facility operations.

D. Tool control

1. Facility staff performs an inventory on all contractor tools upon entry and exit to the facility secured perimeter. Corrections staff and physical plant contractor(s) must participate in the tool inventory counts.

a) To facilitate this process, the contractor should bring tools to the facility in advance of the start date of the project to complete the initial inventory count.

b) The number of tools must be kept to a minimum throughout the project to shorten the amount of time the inventory process.

2. For work outside the secured perimeter and at level one facilities, tool inventories may be taken upon entrance and exit to the facility grounds and randomly during the project work.

3. Tools must be kept under observation when in use and secured in a locked gang box, room, or vehicle when not in use. Physical plant contractors and design team consultants must also provide for control and security of materials and products.

4. Tools left inside the perimeter are subject to random tool inventory counts during the course of the project.

5. Class 1-A and class A tools must be removed daily from the secured perimeter unless otherwise approved to remain inside the secured perimeter by appropriate MCF staff. Each MCF determines the appropriate means to secure all tools remaining inside the secured perimeter.

6. Ladders and lifts must be secured when not in use.

7. Motorized equipment must be disabled and secured at the end of the work day.

E. Training and orientation

1. When training/orientation is appropriate for physical plant contractors and design team consultants, training must include at a minimum:

a) An introduction to the DOC and specific facility site;

b) An overview of policies applicable to physical plant contractors, including such examples as:

(1) Policy 301.060, “Access Control Devices;”

(2) Policy 103.223, “Personal Associations Between Staff and Offenders;”

(3) Division Directive 301.030, “Contraband;”

(4) Policy 301.040, “Tool Control;”

(5) Policy 301.140, “Incident Command System;”

(6) Division Directive 300.032, “Admittance Authorization to Adult Facilities;”

(7) Policy 202.057, “Sexual Abuse/Assault Prevention, Reporting, and Response;” and

j) Fire and safety procedures;

k) Policy 106.210, “Data Practices;” and

l) Site specific instructions pertaining to personal property and vehicle contents.

2. For facilities that document contractor training through the training management system (TMS) - staff conducting the contractor training must forward documentation verifying who attended the training to the employee development unit for timely entry into TMS.

REVIEW: Annually

REFERENCES: Policy 301.040, “Tool Control”

Division Directive 300.032, “Admittance Authorization to Adult Facilities”

Policy 103.013, “Identification Cards - Employees/Contractors/Volunteers/Interns”

Policy 300.045 “Contractor Relationship to Department”

Policy 104.470 “Cellular Telephones”

Policy 103.223, “Personal Associations Between Staff and Offenders”

Policy 103.300, “Anti-Discrimination and Sexual Harassment”

Division Directive 301.030, “Contraband”

Policy 301.060, “Access Control Devices”

Policy 301.140, “Incident Command System”

Policy 202.057, “Sexual Abuse/Assault Prevention, Reporting, and Response”