Last week, we shared information about a new State requirement for opioid antagonists (such as naloxone/Narcan) in workplace first aid kits. We learned the legislation was recently amended, and below is the updated guidance.
What’s changed
The State has extended the implementation timeline and clarified that additional rules will be issued before the requirement takes effect.
- New effective date: December 13, 2026
- Rulemaking underway: The New York State Department of Labor, in consultation with the Department of Health, will issue regulations in advance of the effective date. These rules are expected to address:
- The appropriate number of opioid antagonists based on workplace size
- Training expectations for employees
- Usage and implementation considerations
- Additional requirements as determined by the State
What the law will require
Businesses that are required under federal OSHA standards to maintain workplace first aid supplies must have an opioid antagonist available for use in providing first aid or emergency treatment.
This applies broadly to restaurants, bars, nightlife venues, and other hospitality businesses across New York State.
What this means for your business right now
- There is no immediate compliance requirement, and enforcement will not begin until December 13, 2026
- The updated language – requiring the medication to be “available for use,” rather than stored directly in a first aid kit – may allow for more flexibility in how businesses store and access naloxone, such as keeping it in a designated, accessible location rather than in every kit. Final requirements will be clarified through State regulations.
- Key details, including training expectations and supply levels, will be determined through forthcoming State regulations
We will continue to keep you informed and provide guidance as additional details become available.
As a reminder, individuals who administer naloxone in good faith during an emergency may be protected under New York’s Good Samaritan laws. We recommend consulting with counsel if you have specific questions.
Free training, guidance, and naloxone access resources are available through New York City and local health agencies.
