Proposed Extension of the Approval of Information Collection Requirements, 52166-52167 [E7-17891]

Agencies

• Employment Standards Administration
• DEPARTMENT OF LABOR
• Wage and Hour Division

[Federal Register Volume 72, Number 176 (Wednesday, September 12, 2007)]
[Notices]
[Pages 52166-52167]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-17891]


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DEPARTMENT OF LABOR

Employment Standards Administration


Proposed Extension of the Approval of Information Collection 
Requirements

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 pre-clearance 
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 its proposal to extend OMB approval of 
the information collection: Worker Information--Terms and Conditions of 
Employment (WH-516 English and WH-516 Espanol). A copy of the 
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 November 13, 2007.

ADDRESSES: Ms. Hazel M. Bell, U.S. Department of Labor, 200 
Constitution Ave., NW., Room S-3201, Washington, DC 20210, telephone 
(202) 693-0418, fax (202) 693-1451, E-mail bell.hazel@dol.gov. Please 
use only one method of transmission for comments (mail, fax, or E-
mail).

SUPPLEMENTARY INFORMATION:

I. Background

    Various sections of the Migrant and Seasonal Agricultural Worker 
Protection Act (MSPA), 29 U.S.C. 1801 et seq., require respondents 
(i.e., Farm Labor Contractors, Agricultural Employers, and Agricultural 
Associations) to disclose employment terms and conditions in writing 
to: (1) Migrant agricultural workers at the time of recruitment [MSPA 
section 201(a)]; (2) seasonal agricultural workers, upon request, at 
the time an offer of employment is made [MSPA section 301(a)(1)]; and 
(3) seasonal agricultural workers employed through a day-haul operation 
at the place of recruitment [MSPA section 301(a)(2)]. See 29 CFR 
500.75-.76. Moreover, MSPA sections 201(b) and 301(b) require 
respondents to provide each migrant worker, upon request, with a 
written statement of the terms and conditions of employment. See 29 CFR 
500.75(d). MSPA sections 201(g) and 301(f) require providing such 
information in English or, as necessary and reasonable, in a language 
common to the workers and that the DOL make forms available to provide 
such information. The DOL prints and makes Optional Form WH-516, Worker 
Information--Terms and Conditions of Employment, available for these 
purposes. See 29 CFR 500.75(a), 500.76(a).
    MSPA sections 201(a)(8) and 301(a)(1)(H) require disclosure of 
certain information regarding whether State workers' compensation or 
state unemployment insurance is provided to each migrant or seasonal 
agricultural worker. See 29 CFR 500.75(b)(6). For example, if State 
workers' compensation is provided, the respondents must disclose the 
name of the State workers' compensation insurance carrier, the name of 
the policyholder of such insurance, the name and the telephone number 
of each person who must be notified of an injury or death, and the time 
period within which this notice must be given. See 29 CFR 
500.75(b)(6)(i). Respondents may also meet this disclosure requirement 
by providing the worker with a photocopy of any notice regarding 
workers' compensation insurance required by law of the state in which 
such worker is employed. See 29 CFR 500.75(b)(6)(ii). Form WH-516 is an 
optional form that allows respondents to disclose employment terms and 
conditions in writing to migrant and seasonal agricultural workers as 
required by the MSPA. Respondents may either complete the optional form 
and use it to make the required disclosures to the workers or use the 
form as a written reflection of the information workers may request 
from employers under the MSPA. Disclosure of the information on this 
form is beneficial to both parties in that it enables workers to 
understand their employment terms and conditions, while also providing 
respondents with an easy way to disclose the information required by 
the MSPA and the regulations. This information collection is currently 
approved for use through February 29, 2008.

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;
     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;
     Enhance the quality, utility and clarity of the 
information to be collected; and
     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 DOL seeks the approval for the extension of this currently 
approved information collection in order to carry out its 
responsibility to ensure that farm labor contractors, agricultural 
employers and agricultural associations have disclosed to their migrant 
and seasonal agricultural workers the terms and conditions of 
employment as required by the MSPA and its regulations.
    Type of Review: Extension of a currently approved collection of 
information.
    Agency: Employment Standards Administration.
    Title: Worker Information--Terms and Conditions of Employment.
    OMB Number: 1215-0187.
    Agency Number: WH-516 English and WH-516 Espanol.
    Affected Public: Farms, Individuals or households, Business or 
other for-profit.

[[Page 52167]]

    Total Respondents: 129,250.
    Total Responses: 3,102,000.
    Average Time per Response: 1.5 minutes.
    Estimated Total Burden Hours: 77,550.
    Frequency: On Occasion.
    Total Burden Cost (capital/startup): $0.
    Total Burden Cost (operating/maintenance): $93,060.
    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: September 6, 2007.
Hazel M. Bell,
Acting Chief, Branch of Management Review and Internal Control, 
Division of Financial Management, Office of Management, Administration 
and Planning, Employment Standards Administration.
 [FR Doc. E7-17891 Filed 9-11-07; 8:45 am]
BILLING CODE 4510-27-P