Updating Your First Aid Kit: What Employers Need to Know About Opioid Antagonist Requirements in New York

Effective December 13, 2026, New York State will require most private employers to stock their workplaces with opioid antagonists (antidotes), such as naloxone or Narcan.

On September 23, 2026, the New York State Department of Labor (NYSDOL) published its proposed rules (the “Proposed Rules”), which clarify employer compliance obligations.

Background: Understanding the Law 

Governor Kathy Hochul signed the workplace opioid antagonist requirement into law on December 12, 2025, adding § 27-f (the “Law”) to the New York Labor Law. On February 13, 2026, Governor Hochul signed amendments into law, clarifying the employer scope and exemptions, and delaying the effective date until December 13, 2026.

The Law applies broadly, covering all private employers that are federally required to keep first aid supplies on hand. The Law directs the NYSDOL, in consultation with the New York State Department of Health, to promulgate regulations in advance of the December 13, 2026, effective date.

Coverage under Labor Law § 27-f is tied to federal Occupational Safety and Health Act (OSHA) standards for medical and first aid in the workplace. Generally, worksites that are not in “near proximity” to an infirmary, clinic, or hospital used to treat all injured employees must maintain first aid supplies and will be required to comply with the opioid antagonist mandate. “Near proximity” is not defined in applicable regulations; however, a 2007 OSHA interpretation letter states that “OSHA has long interpreted the term ‘near proximity’ to mean that emergency care must be available within no more than 3-4 minutes from the workplace.”

The Proposed Rules

The Proposed Rules, as drafted, clarify employer obligations, answering questions on how many opioid antagonists employers need, where to store them, and how to obtain them. Although subject to modification after the notice and comment period closes on November 22, 2026, these draft regulations foretell the requirements covered employers face once the law takes effect.

Quantity and Placement

• Employers must maintain a “sufficient number” of opioid antagonists based on worksite size and layout, staffing levels, whether high-risk populations access the site, the nature of the work, and any history of on-site overdoses. No fixed quantity is required.
• Supplies must be stored in easily accessible locations; employees should not have to travel through multiple doorways or stairways. Ideally, supplies should be kept near AEDs and other first aid kits in a central, visible location. Locked rooms are discouraged, unless required due to security concerns, as long as quick access is ensured. Supply locations should be communicated to all employees.
• Medication must remain sealed in the manufacturer’s original packaging with the manufacturer’s instructions, or, in the absence of the original instructions, with instructions provided by 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.

Training

• Training must address recognizing overdose symptoms, administering opioid antagonists, steps to take before and after administration, contacting emergency responders, and Good Samaritan protections.
• At least one trained employee must be present during business hours. Employers are encouraged to train additional volunteers, or all employees.

Maintenance and Inspection

• Employers must regularly inspect supplies to ensure they have not expired, been tampered with, or gone missing.
• Employers must replace and dispose of expired, used, missing, or compromised doses promptly when discovered. The Rules do not prescribe inspection frequency or disposal methods.
• The opioid antagonists must be approved by the Food and Drug Administration (FDA), which also publishes expiration dates and storage regulations.

Shared Workplaces

• Employers sharing a worksite may comply jointly through a written plan. Such a plan must be provided to the NYSDOL upon request.

Cost

• Compliance costs are expected to be modest. Naloxone is often available at little to no cost through public programs, and free training is already available.
• Employers can access resources through the Office of Addiction Services and Supports (OASAS). Employers may also be able to obtain free supplies through New York State and New York City

Alignment with Federal Policy

On September 24, 2026, one day following the NYSDOL’s publication of the Proposed Rules, OSHA released guidance for employers on opioid overdose emergencies. OSHA recommends all employers – not just New York employers subject to the Law – maintain opioid antagonists, monitor inventory, and train employees to recognize and respond to overdoses.

What Should Employers Do Now?

With the December 13, 2026 effective date fast approaching, covered New York State employers should:

• Determine coverage: Assess whether your worksites are subject to the Law.
• Evaluate quantity and placement: Evaluate how many opioid antagonists you need and where they will be stored.
• Plan employee training and schedules: Recruit employee volunteers for training. Review employee work schedules to ensure at least one trained employee is present during all operating hours.
• Procure supplies and establish procedures: Obtain naloxone and implement inspection, replacement, and disposal procedures.
• Communicate to employees: Inform all staff where opioid antagonists are stored.
• Monitor for final rules: the public comment closes on November 22, 2026, at which point the NYSDOL may publish final rules that differ from these Proposed Rules.

Looking Forward

New York will likely be the first state with an effective law of this kind, but it was not the first state to enact workplace opioid antagonist legislation. On September 27, 2024, California Governor Gavin Newsom signed AB 1976, directing Cal/OSHA to draft a rulemaking proposal requiring opioid antagonists in the workplace by December 1, 2027. The Standards Board is required to adopt revised standards by December 1, 2028.

Maureen Maher-Patenaude, a Law Clerk—admission pending (not admitted to practice) in Epstein Becker Green’s New York office and Staff Attorney Elizabeth Ledkovsky contributed to this post.

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The Workforce Bulletin blog is currently edited by Adam S. Forman, Greta Ravitsky, Elizabeth S. Torkelsen, and Jennifer Stefanick Barna.