Agency Information Collection Activities; Comment Request; Information Collections: Application of the Employee Polygraph Protection Act
| Published date | 20 November 2019 |
| Citation | 84 FR 64109 |
| Record Number | 2019-25089 |
| Section | Notices |
| Court | Wage And Hour Division |
Federal Register, Volume 84 Issue 224 (Wednesday, November 20, 2019)
[Federal Register Volume 84, Number 224 (Wednesday, November 20, 2019)]
[Notices]
[Pages 64109-64110]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-25089]
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DEPARTMENT OF LABOR
Wage and Hour Division
Agency Information Collection Activities; Comment Request;
Information Collections: Application of the Employee Polygraph
Protection Act
AGENCY: Wage and Hour Division, Department of Labor.
ACTION: Notice; request for comments.
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SUMMARY: The Department of Labor (DOL) is soliciting comments
concerning a proposed extension to the information collection request
(ICR) titled, ``Application of the 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 (PRA).
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 January 21, 2020.
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: Robert Waterman, Compliance
Specialist, 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). Copies of this notice may be obtained
in alternative formats (Large Print, Braille, Audio Tape, or Disc),
upon request, by calling (202) 693-0023 (not a toll-free number). TTY/
TTD callers may dial toll-free (877) 889-5627 to obtain information or
request materials in alternative formats.
SUPPLEMENTARY INFORMATION:
I. Background: The Wage and Hour Division (WHD) of the Department
of Labor (DOL) administers the Employee
[[Page 64110]]
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 against
employers who violate any EPPA provision. This amount increases
annually due to the Federal Civil Penalties Inflation Adjustment Act
Improvements Act of 2015. On November 2, 2015, the Federal Civil
Penalties Inflation Adjustment Act Improvements Act of 2015 was signed
into law to advance the effectiveness of civil money penalties and to
strengthen their deterrent effect. Outdated penalties are a problem
because civil penalties are less effective when they do not keep pace
with the cost of living. The law directs agencies across the federal
government to adjust their penalties for inflation each year in
January.
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;
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;
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 in order to ensure
effective administration of the Employee Polygraph Protection Act.
Type of Review: Extension.
Agency: Wage and Hour Division.
Title: Application of the Employee Polygraph Protection Act.
OMB Number: 1235-0005.
Affected Public: Business or other for-profit, Not-for-profit
institutions, Farms, State, Local, or Tribal Government.
Total Respondents: 593,400.
Total Annual Responses: 593,400.
Estimated Total Burden Hours: 68,739.
Estimated Time per Response: 30-45 minutes.
Frequency: On occasion.
Total Burden Cost (capital/startup): $0.
Total Burden Cost (operation/maintenance): $0.
Dated: November 13, 2019.
Amy DeBisschop,
Director, Division of Regulations, Legislation, and Interpretation.
[FR Doc. 2019-25089 Filed 11-19-19; 8:45 am]
BILLING CODE 4510-27-P
