On September 23, 2026, the New York State Department of Labor published, on page 9 of the New York State Register, a proposed rule, “Opioid Antagonists in the Workplace,” clarifying how employers must comply. The rule addresses how many opioid antagonists employers must keep on-site, where to store them, and how to train employees. This proposed rule is open for public comment until November 22, 2026.
Quick Hits
- Covered employers must stock a sufficient supply of opioid antagonists in accessible locations and communicate those locations to employees.
- At least one trained employee must be present during business hours at each workplace.
- The rule covers private employers required by OSHA to maintain first aid supplies. Government employers are excluded.
- No fixed number of units is prescribed; employers assess sufficiency based on workplace size, layout, staffing, and overdose history.
- No new reporting or recordkeeping requirements are imposed, and compliance costs are expected to be low.
Key Definition: ‘Opioid Antagonist’
The proposed rule defines “opioid antagonist” by reference to Public Health Law § 3309(3)(a)(i) as a drug approved by the Food and Drug Administration (FDA) that negates or neutralizes opioid effects in the body. The rule limits this to naloxone and other medications approved by the New York State Department of Health.
Covered Employers
The rule applies to private employers that OSHA requires to have first aid supplies readily available. This includes any person, corporation, LLC, or association employing individuals in any occupation, industry, trade, business, or service. Government employers—including the state, political subdivisions, public authorities, and other governmental agencies—are excluded.
The term “workplace” means any location where an employer is required by 29 C.F.R. 1910.151 to have first aid supplies readily available.
Quantity and Placement Requirements
The proposed rule does not prescribe a specific number of opioid antagonists. Instead, employers must maintain a “sufficient number” to enable a quick response to a suspected overdose.
Relevant factors include:
- the size and physical layout of the workplace;
- the number of people working in or accessing the site;
- whether high-risk populations access the workplace;
- whether the nature of the work creates a higher-than-average overdose risk; and
- whether any suspected overdoses have previously occurred on-site.
Under the proposed rule, opioid antagonists must be stored in easily accessible areas. Employees should not have to travel through multiple doorways, hallways, or stairways to reach them. Employers should consider placing them alongside automated external defibrillators (AEDs) and other first aid supplies in a central, conspicuous location protected from tampering or theft. Locked rooms or restricted-access areas are discouraged. However, employers with legitimate security concerns may use such locations if they ensure trained employees can still access the supply quickly.
Packaging and Instructions
The proposed rule requires that opioid antagonists remain sealed in the manufacturer’s original packaging and be stored with the manufacturer’s instructions. If those instructions are unavailable, employers must provide instructions from the New York State Department of Health, the New York City Department of Health and Mental Hygiene, or New York State’s Drug User Health Training Center of Expertise.
Employee Training
The proposed rule requires that at least one employee trained in opioid antagonist administration must be present during business hours. Employers are encouraged to train additional volunteers and may choose to train all employees.
Training must be consistent with materials from a department of health in New York State and should cover at least the following topics:
- recognizing symptoms of an opioid overdose;
- administering an opioid antagonist;
- steps to take before and after administration, including contacting first responders; and
- “Good Samaritan” protections under Public Health Law § 3000-a.
Inspection, Replacement, and Disposal
Employers must regularly inspect their opioid antagonist supply to ensure units are not expired, tampered with, or missing. Expired, used, tampered, or missing units must be replaced promptly—as soon as the employer becomes aware or should have become aware of the need. Expired or used opioid antagonists must be properly disposed of.
Multi-Employer Worksites
Employers sharing a workplace may jointly satisfy the rule’s requirements. If they do so, they must document their joint compliance plan in writing and make it available to the Commissioner upon request.
‘Good Samaritan’ Protections
The proposed rule confirms that administering an opioid antagonist under this rule is considered first aid or emergency treatment under Public Health Law § 3000-a. This provides Good Samaritan protections to employees who administer the medication.
Key Employer Considerations
Although the proposed rule has not yet been adopted, employers may want to begin preparing now. The following considerations may be instructive and helpful to employers seeking to ensure a smooth transition once the rule takes effect:
- Determining coverage. Employers will want to confirm whether their organizations are employers covered under the OSHA first aid requirement at 29 C.F.R. 1910.151. If so, the proposed rule will in all likelihood apply to the workplace.
- Conducting a workplace assessment. Evaluate each worksite using the factors identified in the rule—size, layout, staffing levels, populations at risk, nature of the work, and overdose history—to determine how many opioid antagonists are sufficient and where they should be placed.
- Identifying and training employees. Consider recruiting employee volunteers to receive opioid antagonist training. At a minimum, ensure that at least one trained employee is present during business hours at each location. Account for absences, turnover, and shift changes.
- Procuring opioid antagonists. Naloxone is widely available and relatively inexpensive Various state programs provide it without charge. Ensure units are in the manufacturer’s original packaging and accompanied by approved instructions.
- Establishing inspection and replacement protocols. Set up a regular inspection schedule to check for expiration, tampering, or missing units, and create a process for prompt replacement and proper disposal.
- Communicating locations to employees. Develop a communication plan—through signage, onboarding materials, workplace safety bulletins, or other means—so all employees know where opioid antagonists are stored.
- Addressing multi-employer sites. If a worksite is shared with other employers, consider coordinating with those employers to develop a written joint compliance plan.
- Submitting public comments. The comment period closes sixty days after publication, on November 22, 2026. Employers with concerns about the rule’s practical application should consider submitting comments to the New York State Department of Labor at regulations@labor.ny.gov.
Ogletree Deakins’ New York offices, Drug Testing Practice Group, and Workplace Safety and Health Practice Group will continue to monitor developments and provide updates on the Drug Testing, New York, and Workplace Safety and Health blogs as this rulemaking proceeds.
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