[Federal Register Volume 61, Number 109 (Wednesday, June 5, 1996)]
[Notices]
[Pages 28599-28600]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14091]



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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 revision collection of the Application 
of the Employee Polygraph Protection Act (EPPA) of 1988.

    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 August 8, 1996. The Department of 
Labor is particularly interested in comments which:
    <bullet> 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;
    <bullet> 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;
    <bullet> Enhance the quality, utility and clarity of the 
information to be collected; and
    <bullet> 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.

ADDRESSES: Mr. Rich Elman, U.S. Department of Labor, 200 Constitution 
Ave., NW., Room S-3201, Washington, DC 20201, telephone (202) 219-6375 
(this is not a toll-free number), fax 202-219-6592.

SUPPLEMENTARY INFORMATION:

I. Background

    EPPA prohibits most private employers (Federal, State and local 
governments are exempted from this Act) from using any lie detector 
tests either for preemployment screening or during the course of 
employment. The law contains certain limited exceptions which authorize 
polygraph tests under certain conditions, including (1) Testing of 
employees who are reasonably suspected of involvement in a workplace 
incident that results in economic loss or injury to the employer's 
business; (2) testing by the Federal government of experts, 
consultants, or employees of Federal contractors engaged in national 
security intelligence or counterintelligence functions; (3) 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 monetary penalties up to $10,000. This 
information collection is necessary to carry out this Act and require 
the keeping of records necessary or appropriate for administration of 
the Act. In addition to recordkeeping requirements which were 
previously cleared under OMB 1215-0170, this information collection 
contains a third party notification which was not previously subject to 
PRA.

II. Current Actions

    The Department of Labor seeks the revision approval to collect this 
information in order to carry out its responsibility to ensure that 
individuals subjected to polygraph testing are afforded the rights and 
protections contained in EPPA. Failure to collect this information 
would make it extremely difficult for the Wage and Hour Division to 
enforce the provisions of the Act. Hours for third party notification 
not previously in the information collection are now included.
    Type of Review: Revision.
    Agency: Employment Standards Administration.
    Title: Application of the Employee Polygraph Protection Act of 
1988.
    OMB Number: 1215-0170.
    Affected Public: Individuals or households; Businesses or other 
for-profit; Not-for-profit institutions.

[[Page 28600]]

    Total Respondents: 328,000.
    Frequency: On occasion.
    Total Responses: 328,000.
    Average Time Per Response for Reporting: \1/2\ hour.
    Average Time For Recordkeeping Per Record: 1 to 5 minutes.
    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: May 31, 1996.
Cecily A. Rayburn,
Director, Division of Financial Management, Office of Management, 
Administration and Planning, Employment Standards Administration.
[FR Doc. 96-14091 Filed 6-4-96; 8:45 am]
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