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Code of Federal Regulations Pertaining to ESA |
| Labor |
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| Wage and Hour Division, Department of Labor |
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| Application of the Employee Polygraph Protection Act of 1988 |
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| General |
29 CFR 801.5 - Effect on other laws or agreements.
- Section Number: 801.5
- Section Name: Effect on other laws or agreements.
(a) Section 10 of EPPA provides that the Act, except for subsections
(a), (b), and (c) of section 7, does not preempt any provision of a
State or local law, or any provision of a collective bargaining
agreement, that prohibits lie detector tests or is more restrictive with
respect to the use of lie detector tests.
(b)(1) This provision applies to all aspects of the use of lie
detector tests, including procedural safeguards, the use of test
results, the rights and remedies provided examinees, and the rights,
remedies, and responsibilities of examiners and employers.
(2) For example, if the State prohibits the use of polygraphs in all
private employment, polygraph examinations could not be conducted
pursuant to the limited exemptions provided in section 7 (d), (e) or (f)
of the Act; a collective bargaining agreement that provides greater
protection to an examinee would apply in addition to the protection
provided in the Act; or more stringent licensing or bonding requirements
in a State law would apply in addition to the Federal bonding
requirement.
(3) On the other hand, industry exemptions and applicable
restrictions thereon, provided in EPPA, would preempt less restrictive
exemptions established by State law for the same industry, e.g., random
testing of current employees in the drug industry not prohibited by
State law but limited by this Act to tests administered in connection
with ongoing investigations.
(c) EPPA does not impede the ability of State and local governments
to enforce existing statutes or to enact subsequent legislation
restricting the use of lie detectors with respect to public employees.
(d) Nothing in section 10 of the Act restricts or prohibits the
Federal Government from administering polygraph tests to its own
employees or to experts, consultants, or employees of contractors, as
provided in subsections 7(b) and 7(c) of the Act, and Sec. 801.11 of
this part.
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