[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5892 Introduced in House (IH)]
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115th CONGRESS
2d Session
H. R. 5892
To establish an Advisory Committee on Opioids and the Workplace to
advise the Secretary of Labor on actions the Department of Labor can
take to address the impact of opioid abuse on the workplace.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 21, 2018
Mr. Lewis of Minnesota (for himself and Mr. Cartwright) introduced the
following bill; which was referred to the Committee on Education and
the Workforce
_______________________________________________________________________
A BILL
To establish an Advisory Committee on Opioids and the Workplace to
advise the Secretary of Labor on actions the Department of Labor can
take to address the impact of opioid abuse on the workplace.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. ESTABLISHMENT OF AN ADVISORY COMMITTEE ON OPIOIDS AND THE
WORKPLACE.
(a) Establishment.--Not later than 90 days after enactment of this
Act, the Secretary of Labor shall establish an Advisory Committee on
Opioids and the Workplace (referred to in this Act as the ``Advisory
Committee'') to advise the Secretary on actions the Department of Labor
can take to provide informational resources and best practices on how
to appropriately address the impact of opioid abuse on the workplace
and support workers abusing opioids.
(b) Membership.--
(1) Composition.--The Secretary of Labor shall appoint as
members of the Advisory Committee 19 individuals with expertise
in employment, workplace health programs, human resources,
substance use disorder, and other relevant fields. The Advisory
Committee shall be composed as follows:
(A) 4 of the members shall be individuals
representative of employers or other organizations
representing employers.
(B) 4 of the members shall be individuals
representative of workers or other organizations
representing workers, of which at least 2 must be
representatives designated by labor organizations.
(C) 3 of the members shall be individuals
representative of health benefit plans, employee
assistance plan providers, workers' compensation
program administrators, and workplace safety and health
professionals.
(D) 8 of the members shall be individuals
representative of substance abuse treatment and
recovery experts, including medical doctors, licensed
addiction therapists, and scientific and academic
researchers, of which 1 individual may be a
representative of a local or State government agency
that oversees or coordinates programs that address
substance use disorder.
(2) Chair.--From the members appointed under paragraph (1),
the Secretary of Labor shall appoint a chairperson.
(3) Terms.--Each member of the Advisory Committee shall
serve for a term of three years. A member appointed to fill a
vacancy shall be appointed only for the remainder of such term.
(4) Quorum.--A majority of members of the Advisory
Committee shall constitute a quorum and action shall be taken
only by a majority vote of the members.
(5) Voting.--The Advisory Committee shall establish voting
procedures.
(6) No compensation.--Members of the Advisory Committee
shall serve without compensation.
(7) Disclosure.--Every member of the Advisory Committee
must disclose the entity, if applicable, that he or she is
representing.
(c) Duties.--
(1) Advisement.--
(A) In general.--The Advisory Committee established
under subsection (a) shall advise the Secretary of
Labor on actions the Department of Labor can take to
provide informational resources and best practices on
how to appropriately address the impact of opioid abuse
on the workplace and support workers abusing opioids.
(B) Considerations.--In providing such advice, the
Advisory Committee shall take into account--
(i) evidence-based and other employer
substance abuse policies and best practices
regarding opioid use or abuse, including
benefits provided by employee assistance
programs or other employer-provided benefits,
programs, or resources;
(ii) the effect of opioid use or abuse on
the safety of the workplace as well as policies
and procedures addressing workplace safety and
health;
(iii) the impact of opioid abuse on
productivity and absenteeism, and assessments
of model human resources policies that support
workers abusing opioids, such as policies that
facilitate seeking and receiving treatment and
returning to work;
(iv) the extent to which alternative pain
management treatments other than opioids are or
should be covered by employer-sponsored health
plans;
(v) the legal requirements protecting
employee privacy and health information in the
workplace, as well as the legal requirements
related to nondiscrimination;
(vi) potential interactions of opioid abuse
with other substance use disorders;
(vii) any additional benefits or resources
available to an employee abusing opioids that
promote retaining employment or reentering the
workforce;
(viii) evidence-based initiatives that
engage employers, employees, and community
leaders to promote early identification of
opioid abuse, intervention, treatment, and
recovery;
(ix) workplace policies regarding opioid
abuse that reduce stigmatization among fellow
employees and management; and
(x) the legal requirements of the Mental
Health Parity and Addiction Equity Act and
other laws related to health coverage of
substance abuse and mental health services and
medications.
(2) Report.--Prior to its termination as provided in
subsection (j), the Advisory Committee shall issue a report to
the Secretary of Labor and to the Committee on Education and
the Workforce of the House of Representatives and the Committee
on Health, Education, Labor, and Pensions of the Senate,
detailing successful programs and policies involving workplace
resources and benefits, including recommendations or examples
of best practices for how employers can support and respond to
employees impacted by opioid abuse.
(d) Meetings.--The Advisory Committee shall meet at least twice a
year at the call of the chairperson.
(e) Staff Support.--The Secretary of Labor shall make available
staff necessary for the Advisory Committee to carry out its
responsibilities.
(f) Federal Advisory Committee Act.--The Federal Advisory Committee
Act shall apply to the Advisory Committee established under this Act.
(g) No Appropriated Funds.--No additional funds are authorized to
be appropriated to carry out this Act. Expenses of the Advisory
Committee shall be paid with funds otherwise appropriated to
Departmental Management within the Department of Labor.
(h) Ex Officio.--Three nonvoting representatives from agencies
within the Department of Health and Human Services whose
responsibilities include opioid prescribing guidelines, workplace
safety, and monitoring of substance abuse and prevention programs shall
be appointed by the Secretary of Labor and designated as ex officio
members.
(i) Agenda.--The Secretary of Labor or a representative of the
Secretary shall consult with the Chair in establishing the agenda for
Committee meetings.
(j) Termination.--The Advisory Committee established under this Act
shall terminate three years after the date of enactment of this Act.
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