NY State recently passed a law that requires any business that’s federally mandated to maintain workplace first aid kits to stock opioid antagonists, like naloxone (brand name Narcan). It will be the first in the country with such sweeping requirements to stock the lifesaving drug.
It goes into effect on December 13th, 2026 for any employer required by OSHA to maintain a first aid kit. That translates to virtually all businesses that aren’t within 3 or 4 minutes of a hospital or clinic. (If you thought this started on June 10th, you’re not crazy - the original version of the law had that date, but an amendment signed by Gov. Kathy Hochul in February means it goes into effect in December).
How do we get it?
Adding naloxone or similar won’t be particularly difficult - it’s relatively easy to get over the counter without a prescription. It’s unclear if there are enough state programs to cover the cost for employers or if you’ll be footing the bill, but it could be worth reaching out to your local health department, which may have free supplies. Each time you use naloxone, you may need one or two nasal spray units, so consider a two-pack required for each incident. We’re still waiting on updated regulations from New York about how many your establishment will need based on size or number of employees, but it’s safe to assume you’ll want more than one set in case you do use one.
How long does it last?
Naloxone has a shelf-life of about 4 years, so you’ll need a plan to replace it when it’s expired. Before you panic, remember that AEDs have a similar expiration date for pads and batteries (2-5 years), so if you have those on-site, consider using your same procedures for naloxone. Because the updated amendment clarifies that you need an opioid antagonist somewhere in the workplace, but not necessarily in every first aid kit, you could even consider stocking naloxone in or on top of your AED kit if you have one.
What about training?
You’ll almost certainly need some sort of training for managers, if not all employees. New York has said that more regulations are coming before December that will address employee training requirements. In a pinch, your local health department almost certainly has local training for free if only one or two supervisors need it. ZHH can also support training, especially for larger groups of managers. We have handouts, answers to your managers most common questions, and more. Give us a call if you need support!
Sources: Littler, Seyfarth, NY Senate
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