[Federal Register Volume 73, Number 83 (Tuesday, April 29, 2008)]
[Notices]
[Pages 23273-23274]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-9308]


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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 [email protected]. 
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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