Proposed Collection; Comment Request
[09/07/2004]
Volume 69, Number 172, Page 54155-54156
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DEPARTMENT OF LABOR
Employment Standards Administration
Proposed Collection; Comment Request
ACTION: Notice.
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SUMMARY: The Department of Labor, as part of its continuing effort to
reduce paperwork and respondent burden, conducts a pre-clearance
consultation program to provide the general public and Federal agencies
with an opportunity to comment on proposed and/or continuing
collections of information in accordance with the Paperwork Reduction
Act of 1995 (PRA95) [44 U.S.C. 3506(c)(2)(A)].
This program helps to ensure that requested data can be provided in
the desired format, reporting burden (time and financial resources) is
minimized, collection instruments are clearly understood, and the
impact of collection requirements on respondents can be properly
assessed. Currently, the Employment Standards Administration is
soliciting comments concerning the proposed collection: Worker
Information--Terms and Conditions of Employment (WH-516 English and WH-
516 Espanol). A copy of the proposed information collection request can
be obtained by contacting the office listed below in the addresses
section of this Notice.
DATES: Written comments must be submitted to the office listed in the
addresses section below on or before November 8, 2004.
ADDRESSES: Ms. Hazel M. Bell, U.S. Department of Labor, 200
Constitution Ave., NW., Room S-3201, Washington, DC 20210, telephone
(202) 693-0418, fax (202) 693-1451, E-mail bell.hazel@dol.gov. Please
use only one method of transmission for comments (mail, fax, or E-
mail).
SUPPLEMENTARY INFORMATION:
I. Background
Various sections of the Migrant and Seasonal Agricultural Worker
Protection Act (MSPA), 29 U.S.C. 1801 et seq.; require each farm labor
contractor, agricultural employer and agricultural association to
disclose employment terms and conditions in writing to: (a) Migrant
agricultural workers at the time of recruitment (MSPA section 201(a));
(b) seasonal agricultural workers, upon request, at the time of hire
(MSPA section 301(a)(1)); and (c) seasonal agricultural workers
employed through a day-haul operation at the place of recruitment (MSPA
section 301(a)(2)). MSPA sections 201(b) and 301(b) also
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require that each such respondent provide each migrant worker, upon
request, a written statement of terms and conditions of employment. In
addition, MSPA sections 201(g) and 301(f) require providing such
information in English or, as necessary and reasonable, in a language
common to the workers and that the U.S. Department of Labor (DOL) make
forms available to provide such information. DOL prints and makes
optional Form WH-516, Worker Information--Terms of Conditions of
Employment, available for this purpose. MSPA sections 201(a)(8) and
301(a)(1)(H) require disclosure of certain information regarding State
workers' compensation insurance to each migrant or seasonal
agricultural worker (i.e., whether State workers' compensation is
provided and if so, the name of the State workers' compensation
insurance carrier, the name of each person of the policyholder of such
insurance, the name and the telephone number of each person who must be
notified of an injury or death and the time period within which this
notice must be given). Respondents may also meet this disclosure
requirement, by providing the worker with a photocopy of any notice
regarding workers' compensation insurance required by law of the state
in which such worker is employed. The terms and conditions required to
be disclosed to workers are set forth in sections 500.75(a) and (b) and
500.75(a), (b) and (c) of Regulations, 29 CFR part 500, Migrant and
Seasonal Agricultural Worker Protection. Regulations 500.75(a) and
500.76(a) allow respondents to complete and disclose to workers the
terms and conditions of employment using the DOL-developed optional
form WH-516 to satisfy these requirements. Optional Form WH-516 may be
used by the respondent to disclose employment terms and conditions in
writing to migrant and seasonal agricultural workers. This information
collection is currently approved for use through February 28, 2005.
II. Review Focus
The Department of Labor is particularly interested in comments
which:
Evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the agency,
including whether the information will have practical utility;
Evaluate the accuracy of the agency's estimate of the burden
of the proposed collection of information, including the validity of
the methodology and assumptions used;
Enhance the quality, utility and clarity of the information to
be collected; and
Minimize the burden of the collection of information on those
who are to respond, including through the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submissions of responses.
III. Current Actions
The Department of Labor seeks the approval for the extension of
this information collection in order to carry out its responsibility to
ensure that farm labor contractors, agricultural employers and
agricultural associations have disclosed to their migrant and seasonal
agricultural workers the terms and conditions of employment as required
by MSPA and its regulations.
Type of Review: Extension.
Agency: Employment Standards Administration.
Title: Worker Information--Terms and Conditions of Employment.
OMB Number: 1215-0187.
Agency Number: WH-516 English and WH-516 Espanol.
Affected Public: Farms, Individuals or households, Business or
other for-profit.
Total Respondents: 129,000.
Total Responses: 1,594,800.
Average Time per Response: 32 minutes.
Estimated Total Burden Hours: 68,800.
Frequency: On Occasion.
Total Burden Cost (capital/startup): $0.
Total Burden Cost (operating/maintenance): $43,060.
Comments submitted in response to this notice will be summarized
and/or included in the request for Office of Management and Budget
approval of the information collection request; they will also become a
matter of public record.
Dated: September 1, 2004.
Bruce Bohanon,
Chief, Branch of Management Review and Internal Control, Division of
Financial Management, Office of Management, Administration and
Planning, Employment Standards Administration.
[FR Doc. 04-20216 Filed 9-3-04; 8:45 am]
BILLING CODE 4510-27-P
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