Delegation of Authority and Assignment of Responsibilities for Compliance Assistance Activities, 34840-34841 [E8-13751]

Agencies

• Office of the Secretary
• DEPARTMENT OF LABOR

[Federal Register Volume 73, Number 118 (Wednesday, June 18, 2008)]
[Notices]
[Pages 34840-34841]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-13751]



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Part II





Department of Labor





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 Delegation of Authority and Assignment of Responsibilities for 
Compliance Assistance Activities; Notice

Federal Register / Vol. 73, No. 118 / Wednesday, June 18, 2008 / 
Notices

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DEPARTMENT OF LABOR

Office of the Secretary

[Secretary's Order--02-2008]


Delegation of Authority and Assignment of Responsibilities for 
Compliance Assistance Activities

    1. Purpose. Delegation of authority and assignment of 
responsibilities for compliance assistance activities.
    2. Authority. This Order is issued pursuant to 29 U.S.C. 551 et 
seq.; 5 U.S.C. 301; Reorganization Plan N. 6 of 1950 (5 U.S.C. Appendix 
1); the Regulatory Flexibility Act, as amended by the Small Business 
Regulatory Enforcement Fairness Act [see 5 U.S.C. 601 et seq. and 15 
U.S.C. 657]; Executive Order 12866, ``Regulatory Planning and Review'' 
(September 30, 1993), as amended by Executive Order 13258 (February 26, 
2002) and Executive Order 13422 (January 23, 2007); and Executive Order 
13272, ``Proper Consideration of Small Entities in Agency Rulemaking'' 
(August 13, 2002).
    3. Directives Affected. This Order does not affect the authorities 
and responsibilities assigned by any other Secretary's Order, unless 
otherwise expressly so provided in this or another Order.
    4. Background. As a complement to its enforcement responsibilities, 
the Department of Labor (DOL) is committed to providing compliance 
assistance to help the regulated community better understand and comply 
with DOL laws and regulations that protect the wages, health benefits, 
retirement security, safety and health of America's workforce.
    The Department's regulatory agencies have a long history of 
providing compliance assistance and are continually finding innovative 
ways to assist employers, workers, labor union officers and members, 
retirees, and job applicants in understanding their rights and 
responsibilities under the laws and regulations within the Department's 
purview. DOL agencies use a variety of strategies, programs and tools 
to help educate the regulated community on these complex legal 
requirements. Examples of such initiatives include OSHA's office 
dedicated to assisting small businesses, MSHA's Small Mine Office which 
provides safety and health assistance to small mines, Wage and Hour's 
YouthRules! Campaign, cross-agency collaborations on EBSA's Health 
Benefits Education Campaign, and a myriad of targeted outreach, 
education and training programs. These agency efforts are complemented 
by the many Department-wide compliance assistance resources such as the 
Employment Law Guide; the confidential toll-free information line, 1-
866-4-USA-DOL; the DOL compliance assistance Web site, https://
www.dol.gov/compliance; and the elaws Advisors which cover many of 
DOL's most important employment laws. These easy-to-access compliance 
resources provide clear answers to questions about laws and regulations 
dealing with pay and leave, workplace safety, health and pension 
benefits, and veterans' reemployment rights.
    DOL has long recognized that compliance assistance, along with 
strong enforcement, is a powerful tool that helps DOL fulfill its 
mission to foster and promote the welfare of the job seekers, wage 
earners, and retirees. The two-pronged strategy of strong enforcement 
coupled with compliance assistance has worked. For example, workplace 
injury and illness rates continue to decline and incentive programs 
like EBSA's Voluntary Fiduciary Correction Program, which has shown a 
significant impact on compliance and has benefited workers through the 
restoration of millions of dollars in plan assets and payment of 
additional benefits, have had a positive impact on compliance.
    The Department also recognizes that compliance assistance does not 
replace, or in any way detract from, strong enforcement. Rather, 
compliance assistance complements enforcement efforts by allowing DOL 
to focus resources on those employers who endanger the safety and 
health of workers, jeopardize pension security, fail to pay the minimum 
wage or overtime, or engage in other unfair and illegal workplace 
practices.
    Compliance assistance is an essential and integral part of how the 
Department conducts business and fulfills its mission. In order to 
prevent accidents and violations of wage, safety, employee benefits, 
and other laws, the Department must offer strong, effective compliance 
assistance programs. Workers, retirees, unions, employers and other 
organizations must have access to clear, accurate information on the 
laws enforced by DOL. The ultimate goal of the Department's compliance 
assistance activities is to protect America's workforce by improving 
compliance with employment laws and regulations.
    Under this Order, the Assistant Secretary for Policy has been 
delegated the responsibility of assuring the full, effective, and 
resourceful implementation of the Department's compliance assistance 
programs.
    5. Delegation of Authority and Assignment of Responsibility.
    The Assistant Secretary for Policy is delegated authority and 
assigned responsibility for:
    1. Advising and assisting the Secretary of Labor and the Deputy 
Secretary of Labor in the development and formulation of standards, 
policies, and programs related to compliance assistance. Also, with the 
assistance of the Director of the Office of Compliance Assistance 
Policy, the Assistant Secretary shall provide analysis and advice on 
policies and programs related to developing, coordinating, implementing 
and institutionalizing compliance assistance initiatives, and reviewing 
agency compliance assistance plans.
    a. The Director shall develop, implement, manage and coordinate 
Departmental compliance assistance policies, initiatives and programs, 
including Department-wide cross-cutting initiatives. The Director shall 
also identify and promote best practices and provide leadership and 
coordination in creating Departmental compliance assistance tools such 
as small business guides and the elaws Advisors (Employment Laws 
Assistance for Workers and Small Businesses).
    b. The Director shall work with DOL agencies' Compliance Assistance 
Liaisons to obtain their assistance in reviewing, developing, 
coordinating and advancing all major Department or agency compliance 
assistance initiatives.
    c. The Director shall provide technical advice and assistance to 
agencies on planning, developing and implementing compliance assistance 
policies, tools, initiatives and programs.
    2. Coordinating with other agencies having responsibilities 
affecting DOL-wide cross-cutting compliance assistance initiatives.
    3. Keeping the Secretary and the Deputy Secretary fully informed on 
the results of DOL's compliance assistance efforts.
    4. In coordination with the Office of Small Business Programs, 
acting as the Department's liaison with the Small Business 
Administration, including the Office of the National Ombudsman. The 
Director of Compliance Assistance Policy shall be the Department's 
point of contact between the Department and small businesses pursuant 
to the Small Business Paperwork Relief Act of 2002 (SBPRA) and shall be 
responsible for providing the list of DOL compliance assistance 
resources consistent with the Small Business Regulatory Enforcement 
Fairness Act of 1996 (SBREFA).

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    5. Performing any additional duties that may be assigned by the 
Secretary.
    B. DOL Agency heads are responsible for planning, developing and 
implementing compliance assistance initiatives, programs and policies 
relating to the mission of their respective agencies, including:
    1. Developing annual compliance goals, timetables and objectives 
for their agencies and submitting their Annual Compliance Assistance 
Plans to the Policy Planning Board for review and approval, where 
applicable. These plans identify major programs or initiatives the 
agency will focus on during the coming fiscal year.
    2. Planning and developing compliance assistance tools (such as 
elaws Advisors), programs or activities to inform the public about the 
agency's laws, policies, programs and activities.
    3. Planning, preparing and producing a wide range of informational 
materials designed to effectively and efficiently inform the public 
about the agency's responsibilities and functions, as well as the 
public's rights and responsibilities; and producing all such materials 
in accordance with established policies, procedures, guidelines and 
standards.
    4. Coordinating with the Office of the Assistant Secretary for 
Policy (OASP) on compliance assistance policies, programs and 
activities and appointing one or more Compliance Assistance Liaisons to 
work with the Office of the Compliance Assistance Policy to implement 
and institutionalize DOL compliance assistance initiatives, identify 
and promote best practices, and participate in DOL-wide compliance 
assistance programs.
    5. Ensuring that reports requested by OASP concerning the 
achievement of the objectives of this order are accurate and submitted 
in a timely manner.
    6. In consultation with the Office of the Solicitor and OASP, 
fulfilling the requirements of the Regulatory Flexibility Act, as 
amended by SBREFA and related laws, including appropriate coordination 
with small entities in the development of rules, production of plain 
language compliance guides, and responding to requests for information.
    C. The Assistant Secretary for Administration and Management is 
responsible for promoting and assisting the agencies with agency and 
individual performance elements related to compliance assistance 
initiatives, programs and policies appropriate to the agencies' 
respective missions.
    D. The Solicitor of Labor is assigned responsibility for providing 
legal advice and assistance to all Department of Labor officials 
relating to implementation and administration of all aspects of this 
Order.
    E. The Assistant Secretary for Public Affairs is assigned 
responsibility for:
    1. Assisting agencies in planning, preparing and producing 
informational materials designed to inform the public about each 
agency's responsibilities and functions, as well as the public's rights 
and responsibilities.
    2. Working with OASP to educate the public about DOL-wide 
compliance assistance programs, initiatives and tools.
    6. Redelegation of Authority. The authorities delegated in this 
Order may be redelegated.
    7. Effective Date. This Order is effective immediately.

    Dated: June 12, 2008.
Elaine L. Chao,
Secretary of Labor.
 [FR Doc. E8-13751 Filed 6-17-08; 8:45 am]
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