[Federal Register: April 29, 2008 (Volume 73, Number 83)]
[Notices]
[Page 23273-23274]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29ap08-99]
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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 (DOL), 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 proposal to extend OMB approval of the
information collection: Employee Polygraph Protection Act Regulations
29 CFR part 801. 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
[[Page 23274]]
addresses section below on or before June 30, 2008.
ADDRESSES: Mr. Steve Andoseh, U.S. Department of Labor, 200
Constitution Ave., NW., Room S-3201, Washington, DC 20210, telephone
(202) 693-0373, fax (202) 693-1451, E-mail andoseh.steven@dol.gov.
Please use only one method of transmission for comments (mail, fax, or
E-mail).
SUPPLEMENTARY INFORMATION:
I. Background
The Employee Polygraph Protection Act of 1988 (EPPA), 29 U.S.C.
2001 et seq., prohibits most private employers from using any lie
detector tests either for pre-employment screening or during the course
of employment. See 29 CFR 801.1(a). Federal, State and local government
employers are exempted from the Act. Id. EPPA section 7 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, to name a
few, engaged in national security intelligence or counterintelligence
functions [29 U.S.C. 2006(b)-(c); 29 CFR 801.11]; (2) of employees the
employer reasonably suspects of involvement in a workplace incident
resulting in economic loss or injury to the employer's business [29
U.S.C. 2006(d); 29 CFR 801.12]; (3) of some current and prospective
employees of certain firms authorized to manufacture, distribute or
dispense controlled substances [29 U.S.C. 2006(f); 29 CFR 801.13]; and
(4) of some prospective employees of private armored car, security
alarm and security guard firms [29 U.S.C. 2006(e); 29 CFR 801.14]. The
DOL's Wage and Hour Division may assess civil money penalties of up to
$10,000 per violation against employers who violate any EPPA provision.
See 29 U.S.C. 2005(a); 29 CFR 801.40(a)(2). EPPA section 5 requires the
Secretary of Labor to promulgate such rules and regulations as may be
necessary to carry out the Act and to require the recordkeeping
necessary or appropriate for administration of the Act. See 29 U.S.C.
2004(a); 29 CFR 801.1(a), 801.30. 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. Employers may use optional Form WH-
1481 to provide this notice. This information collection is currently
approved for use through October 31, 2008.
II. Review Focus
The DOL 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 approval for the extension of this currently approved
information collection in order to carry out its responsibility to
ensure that individuals subjected to polygraph testing are afforded the
rights and protections contained in the EPPA.
Type of Review: Extension.
Agency: Employment Standards Administration.
Title: Employee Polygraph Protection Act.
OMB Number: 1215-0170.
Agency Number: WH-1481.
Affected Public: Business or other for-profit, not-for-profit
institutions, farms.
Total Respondents: 328,000.
Total Annual Responses: 328,000.
Estimated Time per Response: Varies from 1 minute to 30 minutes,
depending on the notice.
Estimated Total Burden Hours: 68,738.
Frequency: On occasion (recordkeeping, reporting, third-party
disclosure).
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 24, 2008.
Steve Andoseh,
Acting Chief, Branch of Management Review and Internal Control,
Division of Financial Management, Office of Management, Administration
and Planning, Employment Standards Administration.
[FR Doc. E8-9308 Filed 4-28-08; 8:45 am]
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