I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. ESTABLISHMENT OF AN ADVISORY COMMITTEE 

4 ON OPIOIDS AND THE WORKPLACE. 

5 (a) ESTABLISHMENT.—Not later than 90 days after 

6 enactment of this Act, the Secretary of Labor shall estab7 lish an Advisory Committee on Opioids and the Workplace 

8 (referred to in this Act as the ‘‘Advisory Committee’’) to 


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1 advise the Secretary on actions the Department of Labor 

2 can take to provide informational resources and best prac3 tices on how to appropriately address the impact of opioid 

4 abuse on the workplace and support workers abusing 

5 opioids. 

6 (b) MEMBERSHIP.— 

7 (1) COMPOSITION.—The Secretary of Labor 

8 shall appoint as members of the Advisory Committee 

9 19 individuals with expertise in employment, work10 place health programs, human resources, substance 

11 use disorder, and other relevant fields. The Advisory 

12 Committee shall be composed as follows: 

13 (A) 4 of the members shall be individuals 

14 representative of employers or other organiza15 tions representing employers. 

16 (B) 4 of the members shall be individuals 

17 representative of workers or other organizations 

18 representing workers, of which at least 2 must 

19 be representatives designated by labor organiza20 tions. 

21 (C) 3 of the members shall be individuals 

22 representative of health benefit plans, employee 

23 assistance plan providers, workers’ compensa24 tion program administrators, and workplace 

25 safety and health professionals. 


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1 (D) 8 of the members shall be individuals 

2 representative of substance abuse treatment 

3 and recovery experts, including medical doctors, 

4 licensed addiction therapists, and scientific and 

5 academic researchers, of which 1 individual may 

6 be a representative of a local or State govern7 ment agency that oversees or coordinates pro8 grams that address substance use disorder. 

9 (2) CHAIR.—From the members appointed 

10 under paragraph (1), the Secretary of Labor shall 

11 appoint a chairperson. 

12 (3) TERMS.—Each member of the Advisory 

13 Committee shall serve for a term of three years. A 

14 member appointed to fill a vacancy shall be ap15 pointed only for the remainder of such term. 

16 (4) QUORUM.—A majority of members of the 

17 Advisory Committee shall constitute a quorum and 

18 action shall be taken only by a majority vote of the 

19 members. 

20 (5) VOTING.—The Advisory Committee shall es21 tablish voting procedures. 

22 (6) NO COMPENSATION.—Members of the Advi23 sory Committee shall serve without compensation. 


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1 (7) DISCLOSURE.—Every member of the Advi2 sory Committee must disclose the entity, if applica3 ble, that he or she is representing. 

4 (c) DUTIES.— 

5 (1) ADVISEMENT.— 

6 (A) IN GENERAL.—The Advisory Com7 mittee established under subsection (a) shall 

8 advise the Secretary of Labor on actions the 

9 Department of Labor can take to provide infor10 mational resources and best practices on how to 

11 appropriately address the impact of opioid 

12 abuse on the workplace and support workers 

13 abusing opioids. 

14 (B) CONSIDERATIONS.—In providing such 

15 advice, the Advisory Committee shall take into 

16 account— 

17 (i) evidence-based and other employer 

18 substance abuse policies and best practices 

19 regarding opioid use or abuse, including 

20 benefits provided by employee assistance 

21 programs or other employer-provided bene22 fits, programs, or resources; 

23 (ii) the effect of opioid use or abuse 

24 on the safety of the workplace as well as 


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1 policies and procedures addressing work2 place safety and health; 

3 (iii) the impact of opioid abuse on 

4 productivity and absenteeism, and assess5 ments of model human resources policies 

6 that support workers abusing opioids, such 

7 as policies that facilitate seeking and re8 ceiving treatment and returning to work; 

9 (iv) the extent to which alternative 

10 pain management treatments other than 

11 opioids are or should be covered by em12 ployer-sponsored health plans; 

13 (v) the legal requirements protecting 

14 employee privacy and health information in 

15 the workplace, as well as the legal require16 ments related to nondiscrimination; 

17 (vi) potential interactions of opioid 

18 abuse with other substance use disorders; 

19 (vii) any additional benefits or re20 sources available to an employee abusing 

21 opioids that promote retaining employment 

22 or reentering the workforce; 

23 (viii) evidence-based initiatives that 

24 engage employers, employees, and commu25 nity leaders to promote early identification 


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1 of opioid abuse, intervention, treatment, 

2 and recovery; 

3 (ix) workplace policies regarding 

4 opioid abuse that reduce stigmatization 

5 among fellow employees and management; 

6 and 

7 (x) the legal requirements of the Men8 tal Health Parity and Addiction Equity 

9 Act and other laws related to health cov10 erage of substance abuse and mental 

11 health services and medications. 

12 (2) REPORT.—Prior to its termination as pro13 vided in subsection (j), the Advisory Committee shall 

14 issue a report to the Secretary of Labor and to the 

15 Committee on Education and the Workforce of the 

16 House of Representatives and the Committee on 

17 Health, Education, Labor, and Pensions of the Sen18 ate, detailing successful programs and policies in19 volving workplace resources and benefits, including 

20 recommendations or examples of best practices for 

21 how employers can support and respond to employ22 ees impacted by opioid abuse. 

23 (d) MEETINGS.—The Advisory Committee shall meet 

24 at least twice a year at the call of the chairperson. 


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1 (e) STAFF SUPPORT.—The Secretary of Labor shall 

2 make available staff necessary for the Advisory Committee 

3 to carry out its responsibilities. 

4 (f) FEDERAL ADVISORY COMMITTEE ACT.—The 

5 Federal Advisory Committee Act shall apply to the Advi6 sory Committee established under this Act. 

7 (g) NO APPROPRIATED FUNDS.—No additional 

8 funds are authorized to be appropriated to carry out this 

9 Act. Expenses of the Advisory Committee shall be paid 

10 with funds otherwise appropriated to Departmental Man11 agement within the Department of Labor. 

12 (h) EX OFFICIO.—Three nonvoting representatives 

13 from agencies within the Department of Health and 

14 Human Services whose responsibilities include opioid pre15 scribing guidelines, workplace safety, and monitoring of 

16 substance abuse and prevention programs shall be ap17 pointed by the Secretary of Labor and designated as ex 

18 officio members. 

19 (i) AGENDA.—The Secretary of Labor or a represent20 ative of the Secretary shall consult with the Chair in es21 tablishing the agenda for Committee meetings. 

22 (j) TERMINATION.—The Advisory Committee estab23 lished under this Act shall terminate three years after the 

24 date of enactment of this Act. 

Æ 


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