The New York opioid antagonist law requires covered employers to keep medication such as naloxone available for workplace first aid or emergency treatment beginning December 12, 2026. Naloxone, commonly sold under the brand name Narcan, reverses opioid overdoses.

The requirement arises under Labor Law Section 27-f and applies to employers required by federal occupational safety and health standards to maintain first-aid supplies.

On September 23, 2026, the New York State Department of Labor (NYSDOL) published proposed regulations addressing how employers would implement the law. The regulations remain proposed and may change before adoption. Employers should begin reviewing their workplaces and emergency response procedures ahead of the December deadline.

Which employers are covered?

The statute broadly defines employers to include individuals, corporations, limited liability companies and associations employing workers in a business, industry or service. Government employers are excluded.

Coverage depends on the employer’s federal first-aid obligations, rather than whether the employer believes an overdose is likely to occur.

Under OSHA’s general industry first-aid standard, 29 C.F.R. Section 1910.151(b), adequate first-aid supplies must be readily available. The standard also addresses trained first-aid personnel where an infirmary, clinic or hospital treating injured employees is not nearby.

Employers should review the federal standards applicable to their worksites before concluding that a nearby medical facility exempts them from the new state requirement.

What would the proposed regulations require?

The proposed rules address four areas:

1. Supply and access

Employers would need enough opioid antagonists for the worksite, considering its layout, staffing, work activities, populations accessing the site and overdose history. Supplies would need to be readily accessible, and employees would need to know where they are located.

2. Training

At least one trained employee would need to be present during business hours. Training would address overdose recognition, administration, emergency response and applicable Good Samaritan protections, using materials consistent with those made available by a New York health department.

3. Inspection and replacement

Employers would need to inspect supplies regularly; promptly replace expired, compromised or missing medication; dispose of expired or used doses properly; and replenish medication after use. Administration would follow manufacturer instructions.

4. Shared workspaces

Employers could satisfy the requirements jointly through a documented plan available to NYSDOL upon request.

The proposal does not set a fixed number of doses for every workplace. Employers should assess their individual locations rather than assume that one supply at a central office will be sufficient for all operations.

Federal guidance on overdose response

On September 24, 2026, OSHA released guidance addressing opioid overdose emergencies in the workplace. The guidance recommends accessible reversal medication, proper storage, inventory oversight and employee training. It does not create a new federal requirement to stock naloxone.

The guidance also emphasizes that administering naloxone does not replace emergency medical care. Employees should be trained to contact emergency responders even if the person regains consciousness after receiving the medication.

How should employers prepare?

Employers should first determine which workplaces are covered and identify appropriate locations for the medication. Management should designate responsibility for purchasing and inspecting supplies, arrange training, and establish procedures for replacement following use or expiration.

The proposed training requirement warrants particular attention. Training one employee may not provide coverage during that employee’s vacation, absence or time off. Employers operating multiple shifts should consider how trained personnel would be available throughout business hours.

Employers sharing premises should discuss their responsibilities and document any joint arrangement. NYSDOL’s proposal indicates that free medication programs and training resources are available, which may help reduce implementation costs.

The State Register provides a 60-day public comment period ending November 22, 2026. Because that date falls on a Sunday, the Register’s instructions permit comments through the next business day, November 23, 2026.

Employers should monitor the final regulations and incorporate the applicable requirements into their workplace safety procedures.

If Forework can assist with reviewing coverage or preparing policies for implementation, please let us know.