Narcan in the workplace? New York says yes!

According to the U.S. Bureau of Labor Statistics, unintentional drug overdoses led to 525 occupational deaths in 2022. In New York, opioid overdose deaths have increased more than 360 percent—from 1,074 deaths in 2010 to 5,017 deaths in 2021.

In response to the growing number of opioid emergencies, Gov. Kathy Hochul (D) signed Senate Bill S5922/A2725 into law, requiring private employers to include an opioid antagonist where first aid kits are required by federal law.

In addition, Gov. Hochul secured an agreement with the New York Legislature to amend the Bill to

• Clarify that opioid antagonists must be kept in the workplace, but not in every individual first aid kit.
• Ensure consistency between this law and other existing opioid overdose prevention programs.
• Require the New York State Department of Labor to issue rules addressing workplace training and quantities of the antagonists that must be maintained, and to give employers time to comply.

The law will go into effect on June 10.

Who is covered?

This law applies to private employers in the State of New York who are mandated by the federal Occupational Safety and Health Administration to have first aid kits. “Employer” is defined as “any person, corporation, limited liability company, or association employing any individual in any occupation, industry, trade, business, or service.” OSHA regulations provide that, if an infirmary, clinic, or hospital is not close to the workplace, adequate first aid supplies must be readily available.

Employer protections

Addressing the concern about legal implications associated with administering opioid antagonists, New York law provides certain legal protections to employers:

• Public Health Law § 3309(4)(b) provides civil, criminal, and professional liability protections for individuals and organizations who administer opioid antagonists reasonably and in good faith.
• The New York State 911 Good Samaritan Law provides protections against criminal liability for individuals who call for emergency assistance in the event of a drug or alcohol overdose that requires emergency medical care.

What the new law means

Because the law does not go into effect until June, employers should prepare their workplaces and employees now:

No. 1: Determine whether you are covered. Review whether your business is mandated by OSHA to maintain first aid kits.

No. 2: Determine which antagonists are appropriate. Consider which opioid antagonists, such as Narcan or naloxone, are appropriate for your workplace. The statute does not require a specific type of antagonist, and some forms of opioid antagonists may not be practical. For example, naloxone is typically administered via intramuscular or intravenous injection, so the person responsible for administering the antagonist would have to be capable of giving shots.

No. 3: Protect yourself. Assess your potential liability and protections under NY Public Health Law §3309. Consult with legal counsel regarding your potential exposure and strategies that could mitigate your legal risks.

No. 4: Update policies. Update employee policies to include overdose response procedures, and develop emergency response plans.

No. 5: Provide training. Train employees, particularly members of management, on overdose symptoms, the safe administration of opioid antagonists, and the updated written policies and emergency response plans.

No. 6: Stay up to date. Monitor New York statutory amendments and regulations for additional guidance.

If you need guidance or assistance on preparing your workplace to comply with these requirements, please contact Constangy’s Cannabis & Employee Substance Practice Group or an attorney in our New York offices.