[Federal Register Volume 69, Number 172 (Tuesday, September 7, 2004)]
[Notices]
[Pages 54155-54156]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-20216]


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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 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 the proposed collection: Worker 
Information--Terms and Conditions of Employment (WH-516 English and WH-
516 Espanol). 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 November 8, 2004.

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 [email protected]. 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 each farm labor 
contractor, agricultural employer and agricultural association to 
disclose employment terms and conditions in writing to: (a) Migrant 
agricultural workers at the time of recruitment (MSPA section 201(a)); 
(b) seasonal agricultural workers, upon request, at the time of hire 
(MSPA section 301(a)(1)); and (c) seasonal agricultural workers 
employed through a day-haul operation at the place of recruitment (MSPA 
section 301(a)(2)). MSPA sections 201(b) and 301(b) also

[[Page 54156]]

require that each such respondent provide each migrant worker, upon 
request, a written statement of terms and conditions of employment. In 
addition, 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 U.S. Department of Labor (DOL) make 
forms available to provide such information. DOL prints and makes 
optional Form WH-516, Worker Information--Terms of Conditions of 
Employment, available for this purpose. MSPA sections 201(a)(8) and 
301(a)(1)(H) require disclosure of certain information regarding State 
workers' compensation insurance to each migrant or seasonal 
agricultural worker (i.e., whether State workers' compensation is 
provided and if so, the name of the State workers' compensation 
insurance carrier, the name of each person 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). 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. The terms and conditions required to 
be disclosed to workers are set forth in sections 500.75(a) and (b) and 
500.75(a), (b) and (c) of Regulations, 29 CFR part 500, Migrant and 
Seasonal Agricultural Worker Protection. Regulations 500.75(a) and 
500.76(a) allow respondents to complete and disclose to workers the 
terms and conditions of employment using the DOL-developed optional 
form WH-516 to satisfy these requirements. Optional Form WH-516 may be 
used by the respondent to disclose employment terms and conditions in 
writing to migrant and seasonal agricultural workers. This information 
collection is currently approved for use through February 28, 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 Department of Labor seeks the approval for 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.
    OMB Number: 1215-0187.
    Agency Number: WH-516 English and WH-516 Espanol.
    Affected Public: Farms, Individuals or households, Business or 
other for-profit.
    Total Respondents: 129,000.
    Total Responses: 1,594,800.
    Average Time per Response: 32 minutes.
    Estimated Total Burden Hours: 68,800.
    Frequency: On Occasion.
    Total Burden Cost (capital/startup): $0.
    Total Burden Cost (operating/maintenance): $43,060.
    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 1, 2004.
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. 04-20216 Filed 9-3-04; 8:45 am]
BILLING CODE 4510-27-P