New York’s New Workplace First Aid Requirement: Employers Must Include Opioid Antagonists

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Patricia Tsipras

May 21, 2026

In a significant step toward addressing the opioid crisis, New York has amended its labor laws to require certain employers to include opioid antagonists, such as Narcan or naloxone, in their workplace first aid supplies.  This new mandate, introduced through Assembly Bill A2725-A and Senate Bill S5922-A, reflects the state’s commitment to combating opioid overdoses in the workplace and ensuring employee safety.  The law, codified as Labor Law § 27-f, will take effect on December 13, 2026, following recent chapter amendments signed by Governor Hochul in February 2026.

Who Is Affected?

The new requirement applies to employers who are federally mandated under the Occupational Safety and Health Act of 1970 (OSH Act) to maintain first aid supplies.  The chapter amendment clarifies that the definition of “employer” encompasses any person, corporation, limited liability company, or association that falls under OSHA’s jurisdiction.

What Is Required?

Under the amended Labor Law § 27-f, covered employers must ensure that their first aid supplies include an opioid antagonist approved by the Food and Drug Administration (FDA). Opioid antagonists, such as naloxone, are life-saving medications that can reverse the effects of an opioid overdose when administered promptly.  Employers are not required to include an opioid antagonist in every individual first aid kit, but must ensure that an adequate supply is available at each workplace location.

Implementation and Compliance

The New York State Department of Labor, in consultation with the Department of Health, is tasked with promulgating regulations to guide employers on compliance.  These regulations will address critical factors such as:

  • The appropriate number of opioid antagonists required based on workplace size
  • Employee training on the proper use of opioid antagonists
  • Usage considerations and storage requirements

Employers are encouraged to monitor forthcoming regulatory guidance to ensure compliance with the new requirements.  Additionally, they should update their first aid policies and procedures to reflect the inclusion of opioid antagonists and provide training to employees on their administration.

Liability Protections

To alleviate concerns about liability, the law provides that the administration of an opioid antagonist in the workplace will be considered first aid or emergency treatment.  Employers and employees acting reasonably and in good faith compliance with the law will not be subject to criminal, civil, or administrative liability solely for administering or failing to administer an opioid antagonist during an overdose incident.

Why This Matters

The opioid crisis has had a profound impact on workplaces across the United States.  By requiring the inclusion of opioid antagonists in first aid supplies, New York aims to equip workplaces with the tools needed to respond effectively to opioid overdoses, potentially saving lives and reducing the devastating impact of the crisis.

Next Steps for Employers

Employers should take proactive steps to prepare for the December 2026 implementation date:

  • Assess First Aid Supplies: Ensure that an FDA-approved opioid antagonist is available at each workplace location.
  • Update Policies: Revise first aid policies and procedures to include the use of opioid antagonists.
  • Provide Training: Train employees on recognizing opioid overdoses and administering opioid antagonists.
  • Monitor Regulations: Stay informed about forthcoming regulations from the Department of Labor and Department of Health.

By taking these steps, employers can not only comply with the new law but also contribute to a safer and more responsive workplace environment.

 

The author of this article, Patricia Tsipras, is a member of the Bar Pennsylvania.  This article is designed to provide one perspective regarding recent legal developments, and is not intended to serve as legal advice in Pennsylvania, New York, or any other jurisdiction, nor does it establish an attorney-client relationship with any reader of the article where one does not exist.  Always consult an attorney with specific legal issues.

 

 
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