Proposed Extension of the Approval of Information Collection
Requirements
[09/12/2007]
Volume 72, Number 176, Page 52166-52167
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DEPARTMENT OF LABOR
Employment Standards Administration
Proposed Extension of the Approval of Information Collection
Requirements
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 its proposal to extend OMB approval of
the information collection: Worker Information--Terms and Conditions of
Employment (WH-516 English and WH-516 Espanol). A copy of the
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 13, 2007.
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 respondents
(i.e., Farm Labor Contractors, Agricultural Employers, and Agricultural
Associations) to disclose employment terms and conditions in writing
to: (1) Migrant agricultural workers at the time of recruitment [MSPA
section 201(a)]; (2) seasonal agricultural workers, upon request, at
the time an offer of employment is made [MSPA section 301(a)(1)]; and
(3) seasonal agricultural workers employed through a day-haul operation
at the place of recruitment [MSPA section 301(a)(2)]. See 29 CFR
500.75-.76. Moreover, MSPA sections 201(b) and 301(b) require
respondents to provide each migrant worker, upon request, with a
written statement of the terms and conditions of employment. See 29 CFR
500.75(d). 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 DOL make forms available to provide
such information. The DOL prints and makes Optional Form WH-516, Worker
Information--Terms and Conditions of Employment, available for these
purposes. See 29 CFR 500.75(a), 500.76(a).
MSPA sections 201(a)(8) and 301(a)(1)(H) require disclosure of
certain information regarding whether State workers' compensation or
state unemployment insurance is provided to each migrant or seasonal
agricultural worker. See 29 CFR 500.75(b)(6). For example, if State
workers' compensation is provided, the respondents must disclose the
name of the State workers' compensation insurance carrier, the name 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. See 29 CFR
500.75(b)(6)(i). 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. See 29 CFR 500.75(b)(6)(ii). Form WH-516 is an
optional form that allows respondents to disclose employment terms and
conditions in writing to migrant and seasonal agricultural workers as
required by the MSPA. Respondents may either complete the optional form
and use it to make the required disclosures to the workers or use the
form as a written reflection of the information workers may request
from employers under the MSPA. Disclosure of the information on this
form is beneficial to both parties in that it enables workers to
understand their employment terms and conditions, while also providing
respondents with an easy way to disclose the information required by
the MSPA and the regulations. This information collection is currently
approved for use through February 29, 2008.
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 the approval for the extension of this currently
approved 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 the MSPA and its regulations.
Type of Review: Extension of a currently approved collection of
information.
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.
[[Page 52167]]
Total Respondents: 129,250.
Total Responses: 3,102,000.
Average Time per Response: 1.5 minutes.
Estimated Total Burden Hours: 77,550.
Frequency: On Occasion.
Total Burden Cost (capital/startup): $0.
Total Burden Cost (operating/maintenance): $93,060.
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 6, 2007.
Hazel M. Bell,
Acting Chief, Branch of Management Review and Internal Control,
Division of Financial Management, Office of Management, Administration
and Planning, Employment Standards Administration.
[FR Doc. E7-17891 Filed 9-11-07; 8:45 am]
BILLING CODE 4510-27-P
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