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New York Now Requires Naloxone in First Aid Kit

31 Mar

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On December 12, 2025, Senate Bill S5922/A2725 was signed into law.

The law becomes enforceable on June 10, 2026, and requires private employers that must keep first aid supplies under federal rules to maintain an opioid antagonist (e.g., naloxone/Narcan) in the workplace.

The New York Department of Labor will issue rules on training and quantities, and chapter amendments clarify that the antagonist must be on site, not in every individual first aid kit.

This update is applicable to all employers that are required under federal law to keep first aid supplies available and takes effect on June 10, 2026.

What Employers Need to Do

  • Confirm Coverage: Identify New York worksites where OSHA 1910.151 requires first aid supplies.
  • Select Product(s): Choose over-the-counter (OTC) intranasal naloxone (e.g., Narcan 4 mg, RiVive 3 mg, or OTC generics).
  • Place and Stock: Until NY DOL issues rules, co-locate at least two (2), two-dose cartons at primary response points (e.g., near AEDs, reception, guard stations) and post clear signage.
  • Train Responders: Provide a brief, skills-based training on recognition, 911 activation, administration, repeat dosing, and post- incident steps, using CDC/NIOSH/SAMHSA/OOPP materials.
  • Adopt Policy and SOPs: Add an Overdose Response Policy covering locations, roles, steps to respond, documentation, restocking, privacy, and references to the New York Public Health Law (PHL) § 3309 and the 911 Good Samaritan Law.”
  • Track Inventory: Maintain a log of kit locations, lot numbers, and expiration dates; document each use and restock promptly.
  • Monitor Rulemaking: Watch for NY DOL guidance on required training and minimum quantities; update your plan accordingly.

Overview

  • Scope: Applies to private New York employers already required by OSHA to have first‑aid supplies available (e.g., where a clinic or hospital is not in close proximity).
  • Products: Over‑the‑counter (OTC) naloxone options include Narcan 4 mg and RiVive 3 mg, plus OTC generics; higher‑dose sprays (e.g., Kloxxado 8 mg) and auto‑injectors remain prescription‑only.
  • Protections: Public Health Law § 3309 grants civil, criminal, and professional immunity for good‑faith administration; New York’s 911 Good Samaritan Law protects those who call for emergency help during a suspected overdose.

Why this matters

  • Life-saving Readiness: Naloxone rapidly reverses opioid overdoses, including those involving fentanyl; repeat doses may be needed every two to three minutes until Emergency Medical Services (EMS) arrives.
  • Compliance Clarity: Ties directly to existing federal first aid obligations, reducing guesswork while state rules on training and quantities are finalized.
  • Liability Assurance: Good faith responders and employers have statutory protection, encouraging timely intervention without fear of legal exposure.


Source References

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This communication is intended solely for the purpose of conveying information. The present post might incorporate hyperlinks directing readers to websites managed by third-party entities. The inclusion of any links within this communication is meant to serve as points of reference and could encompass opinion articles from various law firms, articles from HR associations, official websites, news releases, and documents of government agencies, and other relevant third-party sources. Vensure has no authority over these external websites and bears no responsibility for their content. Furthermore, Vensure does not endorse the materials present on these websites. The contents of this communication should not be interpreted as legal advice or as a legal standpoint concerning specific facts or scenarios. Nor should it be deemed an exhaustive compilation of facts potentially pertinent to federal, state, or local laws. It is strongly advised that employers solicit legal guidance from an employment attorney when undertaking actions in response to any legal updates provided. This is due to the possibility of future alterations occurring in federal, state, and local laws, regulations, as well as the directives and guidelines issued by governing agencies. These changes may transpire at any given time, potentially rendering certain portions of the content within this update void or inaccurate.

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