New York has expanded workplace safety obligations with a recent amendment to Labor Law § 27-f, adding opioid antagonists (e.g., naloxone) to the list of required first aid supplies for certain employers. The change reflects the continuing impact of the opioid crisis and aligns workplace preparedness with broader public health efforts.
Who Is Covered
The amendment applies to employers already subject to the United States Occupational Safety and Health Act of 1970 (“OSHA”) first aid requirements. Under federal OSHA standards (29 CFR § 1910.151), employers must maintain adequate first aid supplies when there is no infirmary, clinic, or hospital in close proximity to the workplace. In practical terms, this generally includes most private employers whose worksites are not immediately adjacent to medical facilities capable of providing prompt treatment. The New York amendment does not create a new class of covered employers; rather, it builds on existing OSHA applicability.
What Is Required
By December 12, 2026, covered employers must now include at least one opioid antagonist in their first aid kits. As defined by the New York State Department of Health, an opioid antagonist is “an FDA-approved drug that, when administered, negates or neutralizes in whole or in part the pharmacological effects of an opioid in the body. The opioid antagonist is limited to naloxone or other medications approved by the Department for this purpose.”
Enforcement and Risk
Because § 27-f operates in conjunction with OSHA standards, noncompliance could expose employers to both state-level enforcement and, where applicable, federal OSHA scrutiny under general first aid requirements. Employers should anticipate that regulators may treat the absence of required supplies, including opioid antagonists, as a workplace safety deficiency.
Key Takeaways
Employers in New York that are already required to maintain first aid kits under OSHA must now ensure those kits include an opioid antagonist. The amendment is a targeted but meaningful expansion of workplace safety obligations, and employers should act promptly to procure naloxone.
In addition, employers should develop emergency response plans and update employee policies to include overdose response procedures, as well as train employees (particularly members of management) on overdose symptoms and the safe administration of opioid antagonists.
If you have any questions regarding this article or any Labor or Employment law issue, please contact Ryan T. Biesenbach at (585) 258-2865 or rbiesenbach@underbergkessler.com.
