[Code of Federal Regulations]
[Title 29, Volume 3]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR801.1]

[Page 718-719]
 
                             TITLE 29--LABOR
 
         CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR
 
PART 801_APPLICATION OF THE EMPLOYEE POLYGRAPH PROTECTION ACT OF 1988
--Table of Contents
 
                            Subpart A_General
 
Sec. 801.1  Purpose and scope.




                            Subpart A_General

Sec.
801.1 Purpose and scope.
801.2 Definitions.
801.3 Coverage.
801.4 Prohibitions on lie detector use.
801.5 Effect on other laws or agreements.
801.6 Notice of protection.
801.7 Authority of the Secretary.
801.8 Employment relationship.

                          Subpart B_Exemptions

801.10 Exclusion for public sector employers.
801.11 Exemption for national defense and security.
801.12 Exemption for employers conducting investigations of economic 
          loss or injury.
801.13 Exemption for employers authorized to manufacture, distribute, or 
          dispense controlled substances.
801.14 Exemption for employers providing security services.

       Subpart C_Restrictions on Polygraph Usage Under Exemptions

801.20 Adverse employment action under ongoing investigation exemption.
801.21 Adverse employment action under security service and controlled 
          substance exemptions.
801.22 Rights of examinee--general.
801.23 Rights of examinee--pretest phase.
801.24 Rights of examinee--actual testing phase.
801.25 Rights of examinee--post-test phase.
801.26 Qualifications of and requirements for examiners.

           Subpart D_Recordkeeping and Disclosure Requirements

801.30 Records to be preserved for 3 years.
801.35 Disclosure of test information.

                          Subpart E_Enforcement

801.40 General.
801.41 Representation of the Secretary.
801.42 Civil money penalties--assessment.
801.43 Civil money penalties--payment and collection.

                  Subpart F_Administrative Proceedings

                                 General

801.50 Applicability of procedures and rules.

                     Procedures Relating to Hearing

801.51 Written notice of determination required.
801.52 Contents of notice.
801.53 Request for hearing.

                            Rules of Practice

801.58 General.
801.59 Service and computation of time.
801.60 Commencement of proceeding.
801.61 Designation of record.
801.62 Caption of proceeding.

                          Referral for Hearing

801.63 Referral to Administrative Law Judge.
801.64 Notice of docketing.

               Procedures Before Administrative Law Judge

801.65 Appearances; representation of the Department of Labor.
801.66 Consent findings and order.
801.67 Decision and Order of Administrative Law Judge.

  Modification or Vacation of Decision and Order of Administrative Law 
                                  Judge

801.68 Authority of the Secretary.
801.69 Procedures for initiating review.
801.70 Implementation by the Secretary.
801.71 Filing and service.
801.72 Responsibility of the Office of Administrative Law Judges.
801.73 Final decision of the Secretary.

                                 Record

801.74 Retention of official record.
801.75 Certification of official record.

Appendix A to Part 801--Notice to Examinee

    Authority: Pub. L. 100-347, 102 Stat. 646, 29 U.S.C. 2001-2009.

    Source: 56 FR 9064, Mar. 4, 1991, unless otherwise noted.



    (a) Effective December 27, 1988, the Employee Polygraph Protection 
Act of 1988 (EPPA or the Act) prohibits most private employers (Federal, 
State, and

[[Page 719]]

local government employers are exempted from the Act) from using any lie 
detector tests either for pre-employment screening or during the course 
of employment. Polygraph tests, but no other types of lie detector 
tests, are permitted under limited circumstances subject to certain 
restrictions. The purpose of this part is to set forth the regulations 
to carry out the provisions of EPPA.
    (b) The regulations in this part are divided into six subparts. 
Subpart A contains the provisions generally applicable to covered 
employers, including the requirements relating to the prohibitions on 
lie detector use and the posting of notices. Subpart A also sets forth 
interpretations regarding the effect of section 10 of the Act on other 
laws or collective bargaining agreements. Subpart B sets forth rules 
regarding the statutory exemptions from application of the Act. Subpart 
C sets forth the restrictions on polygraph usage under such exemptions. 
Subpart D sets forth the recordkeeping requirements and the rules on the 
disclosure of polygraph test information. Subpart E deals with the 
authority of the Secretary of Labor and the enforcement provisions under 
the Act. Subpart F contains the procedures and rules of practice 
necessary for the administrative enforcement of the Act.