Notice2023-04057
Agency Information Collection Activities; Comment Request; Information Collections: Employee Polygraph Protection Act
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
February 28, 2023
Issuing agencies
Labor DepartmentWage and Hour Division
Abstract
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.
Full Text
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<title>Federal Register, Volume 88 Issue 39 (Tuesday, February 28, 2023)</title>
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[Federal Register Volume 88, Number 39 (Tuesday, February 28, 2023)]
[Notices]
[Pages 12701-12702]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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:
<a href="/cdn-cgi/l/email-protection#1b4c535f4b495a587476767e756f685b7f7477357c746d"><span class="__cf_email__" data-cfemail="0d5a45495d5f4c4e6260606863797e4d696261236a627b">[email protected]</span></a>; 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:
<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;
[[Page 12702]]
<bullet> Enhance the quality, utility, and clarity of the
information to be collected;
<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; or
<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.
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
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</html>Indexed from Federal Register on February 28, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.