[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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