[Congressional Record Volume 143, Number 128 (Tuesday, September 23, 1997)]
[Senate]
[Page S9782]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




             BUREAU OF LABOR STATISTICS TOXICOLOGY ANALYSIS

  Mr. ENZI. Mr. President, the lack of information pertaining to 
alcohol and substance abuse fatalities in the workplace is alarming. If 
we are serious about the safety of American workers, we must carefully 
examine all contributing factors that pose a potential threat while on 
the job.
  I had intended to offer an amendment to the Labor, HHS and Education 
Appropriations bill that would instruct the BLS to incorporate in their 
annual report an analysis of toxicology reports in the Census of Fatal 
Occupational Injuries. After meeting with the BLS Commissioner, 
Katharine Abraham, we agreed that the BLS will again perform this 
important analysis during the calendar year 1998 and issue a report no 
later than 6 months after the data collection is completed. This 
agreement dismisses the need for a congressional mandate. I appreciate 
BLS's cooperation in properly addressing this matter.
  In 1992, the Department of Labor initiated a program to compile data 
on how alcohol and drugs contributed to fatal work injuries. The BLS's 
Census of Fatal Occupational Injuries Program collected 1,355 
toxicology reports from 43 States and the District of Columbia--roughly 
one report for every four of the 1992 fatalities. About one-sixth of 
the cases for which toxicology reports were available, fatally injured 
workers tested positive for toxic substances. The most frequent cases 
showed alcohol use followed by cocaine and marijuana.
  Unfortunately, the BLS stopped collecting this data in 1995. Although 
this data was only reported over a 3-year span, it clearly shows that 
alcohol and substance abuse is a major contributor to fatal workplace 
injuries. In an effort to understand the safety of American workers, we 
must have data available to us. The inclusion of this analysis in the 
annual report sends a message that we do care about the safety of 
American workers.
  Prior to being elected to the U.S. Senate, I was an accountant for 
Dunbar Well Service in Wyoming--a large, independent oil well servicing 
company. Aside from my accounting responsibilities, I also traveled the 
State collecting urine and saliva samples from our employees. Not only 
have I given alcohol and substance abuse tests, but I've been tested. I 
understand a thing or two about validity and dignity. This analysis 
doesn't hinder either of those traits. Safety in the workplace should 
be everyone's concern. However, if we don't understand how our workers 
are killed on the job, then we only deceive ourselves. This analysis 
will provide a better understanding of why and how frequently alcohol 
and drugs play a contributory role in fatal work injuries.
  Mr. President, I ask unanimous consent that the letter sent to me 
from BLS Commissioner, Katharine Abraham, be printed in the Record.
  There being no objection, the letter was ordered to be printed in the 
Record, as follows:

                                     U.S. Department of Labor,

                                Washington, DC, September 4, 1997.
     Hon. Michael B. Enzi,
     U.S. Senate, Hart Senate Office Building, Washington, DC.
       Dear Senator Enzi: I am writing regarding the proposal to 
     require the Bureau of Labor Statistics (BLS) to gather and 
     analyze toxicology reports on workers who have been fatally 
     injured on the job.
       Since 1991, the Bureau has conducted the Census of Fatal 
     Occupational Injuries (CFOI), which compiles a complete 
     roster of workers who are fatally injured at work each year, 
     along with details about the fatal events. In 1991 and 1992, 
     the Bureau conducted research studies in which toxicology 
     reports were collected as part of the fatality census. The 
     reports were analyzed with the help of Dr. William M. Marine, 
     Professor of Preventive Medicine and Biometrics at the 
     University of Colorado Health Sciences Center.
       Toxicology reports were obtained from a variety of sources, 
     including medical examiner or coroner reports, police reports 
     of motor vehicle accidents, and autopsy reports. In some 
     jurisdictions, toxicology reports are not available to BLS 
     because of State confidentiality requirements. It also should 
     be noted that toxicology tests are not completed for all 
     deaths. Often tests are performed only when there is a 
     suspicion of drugs present, though the practice regarding 
     conduct of toxicology tests varies by State. In 1991, for 
     example, the share of work-related fatalities for which 
     toxicology reports were available varied from more than 50 
     percent (in 8 of 23 States for which reports were provided) 
     to less than 10 percent (in 10 of the 23 States).
       For 1991, 23 of 31 States that participated in the fatality 
     census provided toxicology reports. Toxicology reports were 
     available for 28% (829) of the 2,968 work-related fatalities 
     in the 23 States. For 1992, 43 States and the District of 
     Columbia submitted toxicology reports. Reports were received 
     for 1,355 deaths representing 25% of the total work-related 
     fatalities in these States.
       Positive toxicology results were found for 125 of 829 cases 
     for which reports were available for 1991. Alcohol was 
     present in 49% of the 125 cases; amphetamines were present in 
     12%; marijuana in 12%; and cocaine in 10%. For 1992, positive 
     toxicology results were found for 214 deaths out of 1,355 for 
     which reports were received. Alcohol was present in 52% of 
     the 214 cases; cocaine in 17%; marijuana in 13%; and 
     antidepressants, amphetamines, barbiturates, morphine, 
     codeine, methadone or other substances in 17%. These figures 
     exclude cases in which there were toxicological findings that 
     could have been due to the life-saving efforts of hospitals 
     or others. A positive toxicological finding nonetheless does 
     not establish the extent to which alcohol or drugs 
     contributed to the fatality.
       I would be happy to meet with you or your staff to discuss 
     the toxicological studies the Bureau has conducted and their 
     findings. If you feel, based on that discussion, that it 
     would be valuable to repeat this type of study, the Bureau 
     will gather and analyze toxicology reports on workers who 
     have been fatally injured on the job during calendar year 
     1998, and will issue a report no later than six months after 
     the data collection is completed.
       I hope you find this information useful. Please let me know 
     if we can be of further assistance.
           Sincerely yours,
                                             Katharine G. Abraham,
     Commissioner.

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