[Federal Register Volume 88, Number 39 (Tuesday, February 28, 2023)]
[Notices]
[Pages 12701-12702]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04057]


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DEPARTMENT OF LABOR

Wage and Hour Division


Agency Information Collection Activities; Comment Request; 
Information Collections: Employee Polygraph Protection Act

AGENCY: Wage and Hour Division, Department of Labor.

ACTION: Notice.

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SUMMARY: The Department of Labor (Department) is soliciting comments 
concerning a proposed extension of the information collection request 
(ICR) titled, ``Employee Polygraph Protection Act.'' This comment 
request is part of continuing Departmental efforts to reduce paperwork 
and respondent burden in accordance with the Paperwork Reduction Act of 
1995. The Department proposes to extend its information collection 
without change to existing requirements. 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. A copy of the 
proposed information request can be obtained by contacting the office 
listed below in the FOR FURTHER INFORMATION CONTACT section of this 
Notice.

DATES: Written comments must be submitted to the office listed in the 
ADDRESSES section below on or before May 1, 2023.

ADDRESSES: You may submit comments identified by Control Number 1235-
0005 by either one of the following methods: Email: 
[email protected]; Mail, Hand Delivery, Courier: Division of 
Regulations, Legislation, and Interpretation, Wage and Hour, U.S. 
Department of Labor, Room S-3502, 200 Constitution Avenue NW, 
Washington, DC 20210. Instructions: Please submit one copy of your 
comments by only one method. All submissions received must include the 
agency name and Control Number identified above for this information 
collection. Because we continue to experience delays in receiving mail 
in the Washington, DC area, commenters are strongly encouraged to 
transmit their comments electronically via email or to submit them by 
mail early. Comments, including any personal information provided, 
become a matter of public record. They will also be summarized and/or 
included in the request for Office of Management and Budget (OMB) 
approval of the information collection request.

FOR FURTHER INFORMATION CONTACT: Amy DeBisschop, Division of 
Regulations, Legislation, and Interpretation, Wage and Hour Division, 
U.S. Department of Labor, Room S-3502, 200 Constitution Avenue NW, 
Washington, DC 20210; telephone: (202) 693-0406 (this is not a toll-
free number). Alternative formats are available upon request by calling 
1-866-487-9243. If you are deaf, hard of hearing, or have a speech 
disability, please dial 7-1-1 to access telecommunications relay 
services.

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 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. WHD may 
assess civil money penalties against employers who violate any EPPA 
provision. This amount increases annually due to the Federal Civil 
Penalties Inflation Adjustment Act Improvements Act of 2015.

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;

[[Page 12702]]

     Enhance the quality, utility, and clarity of the 
information to be collected;
     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; or
     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 an approval for the extension of this 
information collection that requires employers to make, maintain, and 
preserve records in accordance with statutory and regulatory 
requirements.
    Type of Review: Extension.
    Agency: Wage and Hour Division.
    Title: Employee Polygraph Protection Act.
    OMB Control Number: 1235-0005.
    Affected Public: Business or other for-profit, Not-for-profit 
institutions.
    Total Respondents: 164,000.
    Total Annual Responses: 757,400.
    Estimated Total Burden Hours: 68,779.
    Estimated Time per Response: 30-45 minutes.
    Frequency: On occasion.
    Total Burden Cost (Capital/Startup): $0.
    Total Burden Costs (Operation/Maintenance): $0.

    Dated: February 21, 2023.
Amy DeBisschop,
Director, Division of Regulations, Legislation, and Interpretation.
[FR Doc. 2023-04057 Filed 2-27-23; 8:45 am]
BILLING CODE 4510-27-P