Proposed Collection; Comment Request

DEPARTMENT OF LABOR

Employment Standards Administration

Proposed Collection; Comment Request

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 preclearance

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 two (2) information collections: the proposed

extension of (1) Optional Use Payroll Form Under the Davis-Bacon Act,

WH-347 and (2) Requests for Medical Reports, LS-158, LS-415, and LS-

525. Copies of the proposed information collection requests can be

obtained by contacting the office listed below in the addressee section

of this notice.

DATES: Written comments must be submitted to the office listed in the

addressee section below on or before March 25, 1997. 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.

ADDRESSES: For the Davis-Bacon form submission, contact Mr. Rich Elman,

U.S. Department of Labor, 200 Constitution Ave., N.W., Room S-3201,

Washington, D.C. 20210, telephone (202) 219-6375.

For the Longshore medical reports submission, contact Ms. Margaret

J.

[[Page 3532]]

Sherrill at the same office address above, telephone (202) 219-7601.

(The telephone numbers are not toll-free; FAX 202-219-6592.)

SUPPLEMENTARY INFORMATION:

I. Background

The Copeland Act (40 U.S.C. 276c) requires contractors and

subcontractors performing work on Federally financed or assisted

construction contracts to ``furnish weekly, statement with respect to

the wages paid each employee during the preceding week.'' Section

5.5(a)(3)(ii) of Regulations, 29 CFR Part 5, provides that contractors

submit weekly a copy of all payrolls to the Federal agency contracting

for or financing the construction project. Form WH-347, Optional Use

Payroll Form, was developed for contractor use in meeting these payroll

requirements. It is a report form requiring basic payroll information

to be furnished by all covered employers each week that any work

covered by the Davis-Bacon and Related Acts is performed. The completed

form is submitted weekly to the contracting agency or copies of the

contractor's payroll containing all the required information may be

submitted instead.

II. Current Actions

The Department of Labor seeks extension of approval to collect this

information in order to enable contractors and subcontractors (using

optional form, WH-347) to certify their payrolls, attesting that proper

wage rates and fringe benefits have been paid to their employees

performing work on contracts covered by Davis-Bacon and Related Acts.

If this information was not collected, contracting officials and Wage

and Hour investigative staff would be unable to verify that legal rates

have been paid and whether employees have been properly classified for

the work they perform.

Type of Review: Extension

Agency: Employment Standards Administration

Title: Optional Use Payroll Form Under the Davis-Bacon Act

OMB Number: 1215-0149

Affected Public: Business or other for-profit; individuals or

households; Federal government; State, Local or Tribal government

Total Respondents: 113,022

Frequency: Weekly

Total Responses: 10,398,024

Average Time Per Response for Reporting: 56 minutes

Estimated Total Burden Hours: 9,700,000

Total Burden Cost (capital/startup): $0

Total Burden Cost (operating/maintenance): $363,931

I. Background

The Longshore and Harbor Workers' Compensation Act, as amended

provides benefits to workers injured in maritime employment. In

addition, several Acts extend Longshore Act coverage to certain other

employees. The Secretary of labor is authorized, under the Act, to make

rules and regulations to administer the Act and its extensions. Section

7(b) of the Act (20 CFR 702.408) requires supervision of the medical

care rendered to injured employees, require periodic reports as to the

medical care being rendered, and provides authority to determine the

necessity, character, and sufficiency of any medical aid furnished or

to be furnished to an injured worker.

Forms LS-158, LS-415, and LS-525 are used to request impartial

medical examinations pursuant to the provisions of Section 7(a) and

7(e) of the Act. The LS-158 and LS-415 are used to request an impartial

physical examination of the employee (LS-158), and for the repair of

artificial limbs issued to beneficiaries (LS-415). The form LS-525 is

used for examinations involving audiometric testing otologic

evaluation, and is forwarded to the physician by the program. Completed

forms are used to assist in evaluating workers' claims for benefits.

II. Current Actions

The Department of Labor seeks extension of approval to collect this

information in order to provide the Office of Workers' Compensation

Program with detailed medical evaluation to make decisions to award or

continue compensation payments or benefits to Longshore workers. If the

information was not collected, claimants would not be able to file for

and receive Longshore benefits stipulated in the Act and amendments.

Type of Review: Extension

Agency: Employment Standards Administration

Titles: Request for Medical Examination and Report; Request for

Artificial Limb or Repairs; and, Request for an Examination of

Employee's Hearing Ability (form letter).

OMB Number: 1215-0106

Affected Public: Business or other for-profit; individuals or

households

Total Respondents: 2,520

Frequency: On occasion

Total Responses: 2,520

Average Time per Response: 30 minutes

Estimated Burden Hours: 1,260

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Form Respondents Responses Burden hours

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LS-158.......................................................... 1,000 1,000 500

LS-415.......................................................... 20 20 10

LS-525.......................................................... 1,500 1,500 750

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Total....................................................... 2,520 2,520 1,260

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Total Burden Cost (capital/startup): $0

Total Burden Cost (operating/maintenance): $882.00

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 requests; they will also become

a matter of public record.

Dated: January 17, 1997.

Cecily A. Rayburn,

Director, Division of Financial Management, Office of Management,

Administration and Planning, Employment Standards Administration.

[FR Doc. 97-1668 Filed 1-22-97; 8:45 am]

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