[Congressional Record Volume 164, Number 98 (Wednesday, June 13, 2018)]
[House]
[Pages H5129-H5131]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
ESTABLISHMENT OF AN ADVISORY COMMITTEE ON OPIOIDS AND THE WORKPLACE
Mr. LEWIS of Minnesota. Madam Speaker, I move to suspend the rules
and pass the bill (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.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 5892
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
[[Page H5130]]
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.
The SPEAKER pro tempore (Mrs. Walorski). Pursuant to the rule, the
gentleman from Minnesota (Mr. Lewis) and the gentlewoman from Oregon
(Ms. Bonamici) each will control 20 minutes.
The Chair recognizes the gentleman from Minnesota.
General Leave
Mr. LEWIS of Minnesota. Madam Speaker, I ask unanimous consent that
all Members may have 5 legislative days in which to revise and extend
their remarks and include extraneous material on H.R. 5892.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Minnesota?
There was no objection.
Mr. LEWIS of Minnesota. Madam Speaker, I yield myself such time as I
may consume.
Madam Speaker, I rise today in support of H.R. 5892.
The effects of the opioid public health emergency can be seen
throughout our local communities, and maybe most acutely in our
workplaces.
According to the National Council on Alcoholism and Drug Dependence,
70 percent of the almost 15 million Americans misusing drugs, including
opioids, are currently employed. Furthermore, according to the Bureau
of Labor Statistics, the number of overdose fatalities on the job has
increased by at least 25 percent annually since 2012.
These statistics serve as a reminder that workplaces are not immune
from the worsening epidemic and that workplaces can often serve as
crucial places to provide outreach and assistance to those who are
struggling with opioid addiction.
The Committee on Education and the Workforce has been examining this
critical issue.
In February of this year, the Subcommittee on Health, Employment,
Labor, and Pensions and the Subcommittee on Workforce Protections held
a joint hearing to examine how the epidemic is affecting workplaces,
and to hear from business owners who have taken steps to address
problems of substance abuse and addiction in the workplace.
Some of the initiatives these businesses have taken are not only
inspiring, but they also show promising results. The U.S. Department of
Labor could benefit greatly from more information about the solutions
originating from the private sector to address the challenges of
maintaining a healthy workforce in the face of the opioid epidemic.
H.R. 5892 will create an advisory committee to make recommendations
to the Secretary of Labor on what specific actions the Department of
Labor can take to provide informational resources that will help
mitigate some of the most harmful effects of opioid abuse in the
workplace. The advisory committee will convene twice a year to discuss
successful employer initiatives and report best practices, and will
sunset after 3 years.
Madam Speaker, this bipartisan bill will be an instrumental part of
the greater solution to fight the opioid epidemic and support employers
who are working to promote workplace safety and assist with employee
recovery.
Madam Speaker, I urge my colleagues to support this legislation, and
I reserve the balance of my time.
Ms. BONAMICI. Madam Speaker, I yield myself such time as I may
consume.
Madam Speaker, I rise today in support of H.R. 5892.
In addition to the severe health consequences of substance use
disorders, the opioid epidemic has taken a serious toll on the
workplace. More than 10 million full-time workers have a substance use
disorder. A 2017 survey from the National Safety Council found that 70
percent of employers have seen some effect of prescription drug usage,
including absenteeism, impaired or decreased job performance, injuries
or near misses, and arrests on or off the job.
When I traveled across northwest Oregon to talk to community members
about the opioid crisis, I heard from many employers and employees
whose work had been affected by addiction. Oregon's low unemployment
rate is resulting in local employers struggling to find qualified
personnel. The opioid crisis has weakened our workforce at a time when
our economy needs more workers. For instance, a timber company on the
coast of Oregon reported that only one applicant passed a drug test
during a recent hiring process.
When I hear from people in recovery, many say that they could not
continue working while they were struggling with addiction. We must
acknowledge that our work and our personal lives are intertwined, that
an employer's interest in the health of its employees should not end at
the door, and that investing in employees through proactive prevention
or flexible support policies can be good for employees and for the
bottom line.
An estimated 20 percent of the decline in men's labor force
participation over the last 20 years can be attributed to the increase
in opioid prescriptions. For women, that number is 25 percent. Sadly,
the disease of addiction is affecting people far beyond their homes. If
we are going to make any progress in addressing the opioid epidemic,
our workplaces must have policies that support affected workers.
This legislation would establish a council to advise the Secretary of
Labor on actions the Department of Labor can take to provide
informational resources and guidance to address the effects of
substance use disorders on the workplace. The advisory council will be
comprised of a diverse coalition of stakeholders, including substance
use disorder experts, unions, and employers. This includes supporting
workers with substance use disorders, as well as those in recovery.
The advisory council would be charged with assessing a range of
workplace policies best practices. These identified best practices will
benefit employers and employees alike by keeping workers safe, healthy,
productive, and on the job.
I also urge my colleagues to support legislation for other workplace
policies and protections that are vital for people struggling with
substance use disorder, such as paid leave. There is certainly more
that we, as policymakers, can do to make sure that workers can access
and seek treatment when they need it, and be able to return to their
jobs as soon as possible.
Madam Speaker, I thank Congressman Lewis and Congressman Cartwright
for their work on this legislation, and I reserve the balance of my
time.
Mr. LEWIS of Minnesota. Madam Speaker, I continue to reserve the
balance of my time.
[[Page H5131]]
Ms. BONAMICI. Madam Speaker, I yield such time as he may consume to
the gentleman from Pennsylvania (Mr. Cartwright), the cosponsor of this
important legislation.
Mr. CARTWRIGHT. Madam Speaker, I rise in support of H.R. 5892, a bill
I am proud to have cosponsored with Representative Lewis.
I thank Congressman Lewis, as well as the Education and the Workforce
Committee, for their hard work on this bill.
Madam Speaker, Pennsylvania has the fourth highest rate of death due
to drug overdoses in the Nation, and northeastern Pennsylvania, where I
represent, has one of the highest rates of fatal drug overdoses in our
State. Beyond the statistics are stories of broken families and broken
dreams, due to the addiction to and the abuse of these drugs.
In fact, the Centers for Disease Control and Prevention estimate that
approximately 91 deaths from opioid overdoses occur every day in our
Nation. This epidemic breaks our hearts. But it also hurts our economy.
An estimated 20 percent of men's and 25 percent of women's decline in
labor force participation between 1999 and 2015 can be attributed to
the increase in opioid prescriptions. This is a public health and
economic crisis that we have to address right now.
That is why I am so pleased to see the House taking up this
legislation. Establishing this advisory council to study the impacts of
opioid abuse on the workplace is essential to understanding how
damaging this epidemic is, both to individuals and communities.
We know that we must confront this epidemic on all fronts. It is a
bill that is an important step towards helping those dealing with
substance abuse remain in the workforce.
Our work on opioids has to continue after this week. Our communities
have not yet healed from the traumatic losses they have suffered, and
we have to continue to focus on this issue if we are to have any hope
of adequately addressing the harm to public health that opioid abuse
has caused.
Again, I thank Congressman Lewis for his work on this bill, I am
proud to join him in that work, and I urge my colleagues in the House
of Representatives to support it.
Mr. LEWIS of Minnesota. Madam Speaker, I am prepared to close, and I,
again, reserve the balance of my time.
Ms. BONAMICI. Madam Speaker, I yield myself the remainder of my time.
Madam Speaker, once again, I thank Congressman Lewis and Congressman
Cartwright for their work on H.R. 5892. As we continue with this work,
we must recognize that it is much harder for people to be successful in
their recovery if they do not have a job. Let's work with our employers
and look at the results of this bill that the advisory council will
advise us. Let's follow their recommendations.
Madam Speaker, I urge passage of this bill, and I yield back the
balance of my time.
Mr. LEWIS of Minnesota. Madam Speaker, I yield myself the remainder
of my time.
Madam Speaker, I also thank my Democratic colleagues for their
efforts on behalf of this bill as well.
At a time when businesses, large and small, are noticing the effects
of this crisis, opioid abuse, on employee health and economic
productivity, the active coordination between the Department of Labor
and private stakeholders, prompted by this bill, is vital to securing
the continued safety of the American workplace.
Madam Speaker, I urge my colleagues to vote in favor of H.R. 5892,
and I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Minnesota (Mr. Lewis) that the House suspend the rules
and pass the bill, H.R. 5892.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill was passed.
A motion to reconsider was laid on the table.
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