[Federal Register Volume 67, Number 173 (Friday, September 6, 2002)]
[Notices]
[Pages 57033-57034]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-22692]


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DEPARTMENT OF LABOR

Office of the Secretary


Submission for OMB Review; Comment Request

August 22, 2002.
    The Department of Labor (DOL) has submitted the following public 
information collection requests (ICRs) to the Office of Management and 
Budget (OMB) for review and approval in accordance with the Paperwork 
Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. Chapter 35). A copy of 
each individual ICR, with applicable supporting documentation, may be 
obtained by calling the Department of Labor. To obtain documentation 
contact Marlene Howze at (202) 693-4158 or e-mail [email protected].
    Comments should be sent to Office of Information and Regulatory 
Affairs, Attn: OMB Desk Officer for ESA, Office of Management and 
Budget, Room 10235, Washington, DC 20503 ((202) 395-7316) within 30 
days from the date of this publication in the Federal Register.
    The OMB 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 submission of responses.
    Type of Review: Extension of a currently approved collection.
    Agency: Employment Standards Administration (ESA).
    Title: Application of the Employee Polygraph Protection Act.
    OMB Number: 1215-0170.
    Affected Public: Business or other for-profit; Individuals or 
households; and Not-for-profit institutions.
    Frequency: On occasion.
    Number of Respondents: 328,000.
    Number of Annual Responses: 328,000.
    Estimated Time Per Response: Varies from 1 minute to prepare 
written

[[Page 57034]]

polygraph notices to 30 minutes for on-going investigations.
    Total Burden Hours: 82,406.
    Total Annualized Capital/Startup Costs: $0.
    Total Annual Costs (operating/maintaining systems or purchasing 
services): $0.
    Description: The Employee Polygraph Protection Act of 1998 (EPPA) 
was signed into law June 27, 1988, and became effective December 27, 
1988. EPPA prohibits most private employers (Federal, State and local 
government employers are exempted from the Act) from using any lie 
detector tests either for pre-employment screening or during the course 
of employment. The law contains several limited exemptions which 
authorize polygraph tests under certain conditions, including: (1) The 
testing of employees who are reasonably suspected of involvement in a 
workplace incident that results in economic lost or injury to the 
employer's business; (2) the testing by the Federal Government of 
experts, consultants, or employees of Federal contractors engaged in 
national security intelligence or counterintelligence functions; (3) 
the testing of some prospective employees of private armored car, 
security alarm, and security guard firms; and (4) the testing of some 
current and prospective employees in firms authorized to manufacture, 
distribute, or dispense controlled substances. Employers who violate 
any of the Act's provisions may be assessed civil money penalties up to 
$10,000. The information collections contained in these regulations are 
necessary to insure that individuals subjected to polygraph testing are 
afforded the rights and protections contained in the EPPA. Failure to 
collect the information would make it extremely difficult for the Wage 
and Hour Division of the Department of Labor to enforce the provisions 
of the Act.

Ira L. Mills,
Departmental Clearance Officer.
[FR Doc. 02-22692 Filed 9-5-02; 8:45 am]
BILLING CODE 4510-27-M