IIB 
115TH CONGRESS 
2D SESSION 
H. R. 5892 
IN THE SENATE OF THE UNITED STATES 
JUNE 14, 2018 
Received; read twice and referred to the Committee on Health, Education, 
Labor, and Pensions 
AN ACT 
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 Representa-
tives of the United States of America in Congress assembled, 
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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 estab-
lish 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 prac-
tices 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, work-
place health programs, human resources, substance 
use disorder, and other relevant fields. The Advisory 
Committee shall be composed as follows: 
(A) Four of the members shall be individ-
uals representative of employers or other orga-
nizations representing employers. 
(B) Four of the members shall be individ-
uals representative of workers or other organi-
zations representing workers, of which at least 
two must be representatives designated by labor 
organizations. 
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(C) Three of the members shall be individ-
uals representative of health benefit plans, em-
ployee assistance plan providers, workers’ com-
pensation program administrators, and work-
place safety and health professionals. 
(D) Eight of the members shall be individ-
uals representative of substance abuse treat-
ment and recovery experts, including medical 
doctors, licensed addiction therapists, and sci-
entific and academic researchers, of which one 
individual may be a representative of a local or 
State government agency that oversees or co-
ordinates 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 3 years. A mem-
ber 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. 
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(5) VOTING.—The Advisory Committee shall es-
tablish voting procedures. 
(6) NO COMPENSATION.—Members of the Advi-
sory Committee shall serve without compensation. 
(7) DISCLOSURE.—Every member of the Advi-
sory Committee must disclose the entity, if applica-
ble, that he or she is representing. 
(c) DUTIES.— 
(1) ADVISEMENT.— 
(A) IN
GENERAL.—The Advisory Com-
mittee established under subsection (a) shall 
advise the Secretary of Labor on actions the 
Department of Labor can take to provide infor-
mational 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 
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programs or other employer-provided bene-
fits, programs, or resources; 
(ii) the effect of opioid use or abuse 
on the safety of the workplace as well as 
policies and procedures addressing work-
place safety and health; 
(iii) the impact of opioid abuse on 
productivity and absenteeism, and assess-
ments of model human resources policies 
that support workers abusing opioids, such 
as policies that facilitate seeking and re-
ceiving treatment and returning to work; 
(iv) the extent to which alternative 
pain management treatments other than 
opioids are or should be covered by em-
ployer-sponsored health plans; 
(v) the legal requirements protecting 
employee privacy and health information in 
the workplace, as well as the legal require-
ments related to nondiscrimination; 
(vi) potential interactions of opioid 
abuse with other substance use disorders; 
(vii) any additional benefits or re-
sources available to an employee abusing 
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opioids that promote retaining employment 
or reentering the workforce; 
(viii) evidence-based initiatives that 
engage employers, employees, and commu-
nity 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 Men-
tal Health Parity and Addiction Equity 
Act and other laws related to health cov-
erage of substance abuse and mental 
health services and medications. 
(2) REPORT.—Prior to its termination as pro-
vided 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 Sen-
ate, detailing successful programs and policies in-
volving workplace resources and benefits, including 
recommendations or examples of best practices for 
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