[Federal Register Volume 66, Number 205 (Tuesday, October 23, 2001)]
[Notices]
[Pages 53634-53635]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-26633]


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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 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 extension of form WH-516, Worker 
Information--Terms and Conditions of Employment (English and Spanish).

DATES: Written comments must be submitted to the office listed in the 
addresses section below within December 24, 2001.

ADDRESSES: Ms. Patricia A. Forkel, U. S. Department of Labor, 200 
Constitution Ave., N.W., Room S-3201, Washington, D.C. 20210, telephone 
(202) 693-0339 (this is not a toll-free number), fax (202) 693-1451, E-
mail esa.gov">[email protected]esa.gov.

SUPPLEMENTARY INFORMATION:

I. Background

    Various sections of the Migrant and Seasonal Agricultural Worker 
Protection Act (MSPA), 29 U.S.C. 1801 et seq., require that each farm 
labor contractor, agricultural employer and agricultural association 
disclose in writing the terms and conditions of employment to: (a) 
Migrant agricultural workers at the time of recruitment (section 
201(a)); (b) seasonal agricultural workers, upon request, at the time 
of employment (section 301(a)(1)); and (c) seasonal agricultural 
workers employed through a day-haul operation at the place of 
recruitment (section 301(a)(2)). Sections 201(b) and 301(b) also 
require that each such employer provide to each worker, upon request, a 
written statement of the terms and conditions of employment. In 
addition, sections 201(g) and 301(f) require that such information be 
provided 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. Optional Form WH-516, 
Worker Information, is printed and made available by DOL for these 
purposes. The terms and conditions required to be disclosed to workers 
are set forth in section 500.75(a) and (b) and 500.76(a), (b) and (c) 
of Regulations, 29 CFR Part 500, Migrant and Seasonal Agricultural 
Worker Protection, and Form WH-516, when completed and disclosed to 
workers, satisfies these requirements.
    Public Law 104-49, enacted on November 15, 1995, provides in 
section 4 for the disclosure of certain information regarding State 
workers' compensation insurance to the employee, i.e., whether State 
workers' compensation is provided and if so, 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. Optional Form WH-516 was revised in 
the previous OMB 83-1 submission to provide space to include this new 
statutorily-required information. This disclosure requirement can also 
be met by the employer 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.
    Sections 500.75 and 500.76 of Regulations, 29 CFR part 500, Migrant 
and Seasonal Agricultural Worker Protections include in the terms and

[[Page 53635]]

conditions of employment to be disclosed to the workers, the State 
workers' compensation notifications required by section 4 of Public Law 
104-49.

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 of 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 
(English and Spanish).
    OMB Number: 1215-0187.
    Agency Number: WH-516.
    Affected Public: Businesses or other for-profit; Individuals or 
households; Farms.
    Frequency: On occasion.
    Total Respondents: 137,000.
    Total Annual Responses: 3.24 million.
    Time per Response: 32 minutes.
    Estimated Total Burden Hours: 73,067.
    Total Burden Cost (capital/startup): $0.
    Total Burden Cost (operating/maintenance): $29,160.
    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: October 9, 2001.
Margaret J. Sherrill,
Chief, Branch of Management Review and Internal Control, Division of 
Financial Management, Office of Management, Administration and 
Planning, Employment Standards Administration.
[FR Doc. 01-26633 Filed 10-22-01; 8:45 am]
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