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