Proposed Collection; Comment Request
[05/04/2005]
Volume 70, Number 85, Page 23231-23232
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Employment Standards Administration
Proposed Collection; Comment Request
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Department of Labor, as part of its continuing effort to
reduce paperwork and respondent burden, conducts a preclearance
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: Employee Polygraph
Protection Act. 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 July 5, 2005.
[[Page 23232]]
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
The Wage and Hour Division (WHD) of the Department of Labor (DOL)
administers the Employee Polygraph Protection Act of 1988 (EPPA), 29
U.S.C. 2001 et seq. The EPPA prohibits most private employers from
using any lie detector tests either for pre-employment screening or
during the course of employment. The Act contains an exemption
applicable to Federal, State and local government employers. The EPPA
also contains several limited exemptions authorizing polygraph tests
under certain conditions, including testing: (1) By the Federal
Government of experts, consultants or employees of Federal contractors
engaged in national security intelligence or counterintelligence
functions; (2) of employees the employer reasonably suspects of
involvement in a workplace incident resulting in economic loss or
injury to the employer's business; (3) of some prospective employees of
private armored cars, security alarm and security guard firms; and (4)
of some current and prospective employees of certain firms authorized
to manufacture, distribute or dispense controlled substances. The WHD
may assess civil money penalties of up to $10,000 against employers who
violate any EPPA provision. DOL currently has no printed public use
forms associated with this information collection that consists of
third-party disclosures and recordkeeping requirements. Appendix A of
Regulations, 29 CFR part 801, contains a written statement setting
forth both the examinee's and employer's legal rights, for use in
satisfying the EPPA section 8(b)(2)(d) disclosure requirement. DOL
proposes to make the information in Appendix A available on an optional
public use form that will be available through the Departmental
Internet Web site in PDF format. This information collection is
currently approved for use through October 31, 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 DOL seeks an approval for the extension of this information
collection that requires the keeping of records by examiners and
employers as necessary or appropriate for the administration of the Act
and the provision of certain notices to polygraph examiners and
examinees.
Type of Review: Extension.
Agency: Employment Standards Administration.
Title: Employee Polygraph Protection Act.
OMB Number: 1215-0170.
Agency Number: Notice to Examinee Employer Polygraph Protection Act
(WH-1481).
Affected Public: Business or other for-profit, Not-for-profit
institutions, Farms.
Total Respondents: 328,000.
Total Responses: 328,000.
Time per Response: Varies from 1 minute to 30 minutes, depending on
the notice.
Frequency: On Occasion (Recordkeeping, Reporting, Third-party
Disclosure).
Estimated Total Burden Hours: 82,406.
Total Burden Cost (capital/startup): $0.
Total Burden Cost (operating/maintenance): $0.
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: April 27, 2005.
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. 05-8845 Filed 5-3-05; 8:45 am]
BILLING CODE 4510-27-P
|
