New York DOL Proposes Regulations Implementing Workplace Opioid Antagonist Requirements

Seyfarth Synopsis: The New York State Department of Labor has proposed regulations providing details on New York’s new workplace opioid antagonist (e.g., naloxone or Narcan) requirements, which take effect December 13, 2026.  The proposed regulations address the number and placement of opioid antagonists, employee training, maintenance requirements, and shared workplaces, while preserving the law’s existing coverage threshold.

As discussed in our prior alert and blog post, New York enacted a law in December 2025 requiring certain private employers to have an opioid antagonist, such as naloxone or Narcan, available for use in providing first aid or emergency treatment at the workplace.  A February 2026 amendment clarified the law and directed the New York State Department of Labor (“NYSDOL”), in coordination with the Department of Health, to issue implementing regulations.

The NYSDOL has now published proposed regulations addressing many of the implementation questions left open by the statute.  Most significantly, covered employers would need to determine a sufficient number and appropriate placement of opioid antagonists, ensure that at least one trained employee is always present during business hours, and establish procedures for inspecting and replacing supplies.  

The proposed regulations are subject to public comment through November 22, 2026, and may change before they are finalized.  The proposal provides that the regulations will become effective upon publication of a Notice of Adoption in the New York State Register.

Who Is Covered?

The proposed regulations do not materially change the law’s coverage threshold.  They apply only to private employers at workplaces where federal OSHA standards require first aid supplies to be readily available.  Specifically, the proposed rules define a covered “workplace” as a location where an employer is required under 29 C.F.R. § 1910.151 to have first aid supplies readily available for the treatment of injured employees.  Under that standard, the first-aid requirement applies when an infirmary, clinic, or hospital is not in “near proximity” to the worksite, which is often interpreted to mean a lack of emergency care available within 3-4 minutes for high hazard environments (e.g., construction, manufacturing) and up to 15 minutes for office and low-hazard environments.  Accordingly, coverage remains worksite-specific and will not necessarily extend to every New York location operated by an employer.

What Do the Proposed Regulations Require?

• Number of Opioid Antagonists.  The proposal does not establish a fixed number of doses or employee-to-dose ratio.  Instead, employers would need to maintain a “sufficient number” to enable a quick response to a suspected overdose.  Employers should consider the size and physical layout of the workplace; the number of persons working at or otherwise accessing it for work-related purposes; whether higher-risk populations access the workplace; the nature of the work and associated overdose risk; and any history of suspected overdoses.  
• Placement and Accessibility.  Opioid antagonists would need to be kept in easily accessible locations, and employers would be required to communicate those locations to employees.  In determining placement, employers should consider existing AED and first aid locations, workplace layout and access restrictions, visibility and centrality, and security or tampering concerns.  The proposal generally discourages keeping the primary supply in a locked or restricted location unless justified by a reasonable security or safety concern and quick access can otherwise be ensured.
• Employee Training.  The effective use of opioid antagonists depends in part on employees recognizing when they may be needed and safely responding to a suspected overdose.  Employers should also consider applicable OSHA requirements concerning employee protection, including appropriate PPE and training, where employees may encounter hazardous substances while responding to an overdose.  Against that backdrop, the proposed regulations impose specific training requirements for covered employers.  Although employers would not need to train every employee, they would be required to ensure that at least one employee who has completed opioid-antagonist training is always present in the workplace during business hours.  Training must be consistent with materials made available by a department of health in New York State and should address recognizing an opioid overdose, administering the medication, steps before and after administration, including contacting first responders, and applicable Good Samaritan protections.  Employers would also be encouraged to recruit employee volunteers for training.  For workplaces operating extended hours or multiple shifts, this requirement may require additional planning to ensure continuous trained coverage.
• Inspection, Replacement, and Storage.  Employers would need to regularly inspect their supply and replace expired, tampered-with, removed, or missing medication as soon as they know, or should know, that replacement is necessary.  Used doses should be replaced as soon as possible, and expired or used medication must be properly disposed of.  The proposal does not specify an inspection frequency.  Opioid antagonists also would need to remain sealed in their original packaging and be stored with the manufacturer’s instructions, or specified government-issued instructions if the manufacturer’s instructions are unavailable.
• Shared Workplaces.  Employers sharing a workplace could jointly satisfy the requirements, provided they memorialize their arrangement in a written plan that is made available to NYSDOL upon request.  Otherwise, the proposal does not impose separate reporting or recordkeeping requirements.

Enforcement and Liability Considerations

Once effective, the new requirements may carry both enforcement and litigation implications.  Covered employers that fail to comply may face enforcement by NYSDOL.  The statute also provides that administering an opioid antagonist pursuant to Labor Law § 27-f constitutes first aid or emergency treatment for purposes of New York’s Good Samaritan law.  Employers nevertheless should be mindful that noncompliance with requirements governing the availability, placement, maintenance, and training associated with opioid antagonists could create additional litigation risk following a workplace overdose or emergency response.

Practical Implications for Employers

With the law’s December effective date approaching, employers should consider taking the following steps:

• Confirm Coverage.  Determine on a worksite-by-worksite basis whether the employer is required under 29 C.F.R. § 1910.151 to maintain first aid supplies.
• Assess Quantity and Placement.  For covered workplaces, determine an appropriate quantity and identify easily accessible locations based on NYSDOL’s proposed factors.
• Plan for Training and Maintenance.  Identify employees for training and ensure sufficient coverage to have at least one trained employee present during business hours.  Employers should also assign responsibility for inspections, expiration monitoring, replacement, and disposal.
• Consider Shared-Workplace Arrangements.  Where applicable, determine whether joint compliance makes sense and document the arrangement.

These steps may need to be adjusted once NYSDOL issues final regulations.  Given the short period between the close of the comment period and the law’s December effective date, potentially covered employers should begin assessing coverage and preparing for compliance rather than waiting for the final regulations.

We will continue to monitor developments and provide updates as appropriate.