[Federal Register Volume 70, Number 85 (Wednesday, May 4, 2005)]
[Notices]
[Pages 23231-23232]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-8845]


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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 collection: Employee Polygraph 
Protection Act. 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 July 5, 2005.

[[Page 23232]]


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

    The Wage and Hour Division (WHD) of the Department of Labor (DOL) 
administers the Employee Polygraph Protection Act of 1988 (EPPA), 29 
U.S.C. 2001 et seq. The EPPA prohibits most private employers from 
using any lie detector tests either for pre-employment screening or 
during the course of employment. The Act contains an exemption 
applicable to Federal, State and local government employers. The EPPA 
also 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 
engaged in national security intelligence or counterintelligence 
functions; (2) of employees the employer reasonably suspects of 
involvement in a workplace incident resulting in economic loss or 
injury to the employer's business; (3) of some prospective employees of 
private armored cars, security alarm and security guard firms; and (4) 
of some current and prospective employees of certain firms authorized 
to manufacture, distribute or dispense controlled substances. The WHD 
may assess civil money penalties of up to $10,000 against employers who 
violate any EPPA provision. DOL currently has no printed public use 
forms associated with this information collection that consists of 
third-party disclosures and recordkeeping requirements. 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. DOL 
proposes to make the information in Appendix A available on an optional 
public use form that will be available through the Departmental 
Internet Web site in PDF format. This information collection is 
currently approved for use through October 31, 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 DOL seeks an approval for the extension of this information 
collection that requires the keeping of records by examiners and 
employers as necessary or appropriate for the administration of the Act 
and the provision of certain notices to polygraph examiners and 
examinees.
    Type of Review: Extension.
    Agency: Employment Standards Administration.
    Title: Employee Polygraph Protection Act.
    OMB Number: 1215-0170.
    Agency Number: Notice to Examinee Employer Polygraph Protection Act 
(WH-1481).
    Affected Public: Business or other for-profit, Not-for-profit 
institutions, Farms.
    Total Respondents: 328,000.
    Total Responses: 328,000.
    Time per Response: Varies from 1 minute to 30 minutes, depending on 
the notice.
    Frequency: On Occasion (Recordkeeping, Reporting, Third-party 
Disclosure).
    Estimated Total Burden Hours: 82,406.
    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 27, 2005.
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. 05-8845 Filed 5-3-05; 8:45 am]
BILLING CODE 4510-27-P