Agency Information Collection Activities; Submission for OMB Review; Comment Request; Employee Polygraph Protection Act

Issuing agencies

Abstract

The Department of Labor (DOL) is submitting this Wage and Hour Division (WHD)-sponsored information collection request (ICR) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995 (PRA). Public comments on the ICR are invited.

Full Text

<html>
<head>
<title>Federal Register, Volume 91 Issue 207 (Wednesday, October 28, 2026)</title>
</head>
<body><pre>
[Federal Register Volume 91, Number 207 (Wednesday, October 28, 2026)]
[Notices]
[Pages 67861-67862]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-22006]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF LABOR


Agency Information Collection Activities; Submission for OMB 
Review; Comment Request; Employee Polygraph Protection Act

ACTION: Notice of availability; request for comments.

-----------------------------------------------------------------------

SUMMARY: The Department of Labor (DOL) is submitting this Wage and Hour 
Division (WHD)-sponsored information collection request (ICR) to the 
Office of Management and Budget (OMB) for review and approval in 
accordance with the Paperwork Reduction Act of 1995 (PRA). Public 
comments on the ICR are invited.

DATES: The OMB will consider all written comments that the agency 
receives on or before November 27, 2026.

ADDRESSES: Written comments and recommendations for the proposed 
information collection should be sent within 30 days of publication of 
this notice to <a href="http://www.reginfo.gov/public/do/PRAMain">www.reginfo.gov/public/do/PRAMain</a>. Find this information 
collection by selecting ``Currently under 30-day Review--Open for 
Public Comments'' or by using the search function.

FOR FURTHER INFORMATION CONTACT: Nora Hernandez by telephone at 202-
693-8633, or by email at <a href="/cdn-cgi/l/email-protection#b9fdf6f5e6e9ebf8e6e9ecfbf5f0faf9ddd6d597ded6cf"><span class="__cf_email__" data-cfemail="9cd8d3d0c3ccceddc3ccc9ded0d5dfdcf8f3f0b2fbf3ea">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION:  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. For 
additional substantive information about this ICR, see the related 
notice published in the Federal Register on July 27, 2026 (91 FR 
46970).
    Comments are invited on: (1) whether the collection of information 
is necessary for the proper performance of the functions of the 
Department, including whether the information will have practical 
utility; (2) if the information will be processed and used in a timely 
manner; (3) the accuracy of the agency's estimates of the burden and 
cost of the collection of information, including the validity of the 
methodology and assumptions used; (4) ways to enhance the quality, 
utility and clarity of the information collection; and (5) ways to 
minimize the burden of the collection of information on those who are 
to respond, including the use of automated collection techniques or 
other forms of information technology. To help ensure appropriate 
consideration, comments should reference OMB Control Number 1235-0005.
    This information collection is subject to PRA. A Federal agency 
generally cannot conduct or sponsor a collection of information, and 
the public is generally not required to respond to an information 
collection, unless the OMB approves it and displays a currently valid 
OMB Control Number. In addition, notwithstanding any other provisions 
of

[[Page 67862]]

law, no person shall generally be subject to penalty for failing to 
comply with a collection of information that does not display a valid 
OMB Control Number. See 5 CFR 1320.5(a) and 1320.6.
    DOL seeks PRA authorization for this information collection for 
three (3) years. OMB authorization for an ICR cannot be for more than 
three (3) years without renewal. The DOL notes that information 
collection requirements submitted to the OMB for existing ICRs receive 
a month-to-month extension while they undergo review. The Department of 
Labor seeks approval for the revision of this information collection to 
ensure effective administration of the laws administered by the WHD.
    Agency: DOL-WHD.
    Title of Collection: Employee Polygraph Protection Act.
    OMB Control Number: 1235-0005.
    Affected Public: Private Sector: Businesses or other for-profits.
    Total Estimated Number of Respondents: 164,000.
    Total Estimated Number of Responses: 757,400.
    Total Estimated Annual Time Burden: 68,739 hours.
    Total Estimated Annual Other Costs Burden: $0.

(Authority: 44 U.S.C. 3507(a)(1)(D))

Nora Hernandez,
PRA Department Clearance Officer.
[FR Doc. 2026-22006 Filed 10-27-26; 8:45 am]
BILLING CODE 4510-27-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>