New York Enacts Opioid Antagonist Requirements for Employers

New York recently enacted legislation that will soon require employers that are federally mandated to maintain workplace first aid supplies to include an opioid antagonist, such as Naloxone or Narcan. The original bill, Senate Bill S5922‑A, was enacted on December 13, 2025, and added Labor Law § 27‑f, mandating that all employers subject to OSHA first aid requirements maintain an opioid antagonist as part of those supplies. Subsequently, Assembly Bill A9453 revised the recently adopted statute, and Governor Hochul signed the amendment on February 13, 2026. As amended, Labor Law § 27‑f will take effect on December 13, 2026.

Scope of the Requirement

The original enacted legislation required any employer federally mandated to maintain first aid supplies to include an opioid antagonist among those supplies. The chapter amendment (A9453) clarifies the definition of covered “employer” to include “any person, corporation, limited liability company, or association employing any individual in any occupation, industry, trade, business, or service” and to exclude “the state, any political subdivision of the state, a public authority, or any other governmental agency or instrumentality thereof.” 

The chapter amendment also clarifies what is meant by “opioid antagonist,” by expressly incorporating the definition set forth in Public Health Law § 3309. As set forth in Public Health Law § 3309, “opioid antagonist” is defined as “a drug approved by the Food and Drug Administration that, when administered, negates or neutralizes in whole or in part the pharmacological effects of an opioid in the body” and is limited to “naloxone and other medications approved by the department for such purpose.” 

Regulations Anticipated

The amendment directs the New York State Department of Labor, in consultation with the Department of Health, to promulgate regulations in advance of the December 13, 2026 effective date. Those regulations must address the appropriate number of opioid antagonists for a workplace based on its size, employee training, usage considerations, and any additional matters the Department finds necessary. Employers should anticipate forthcoming guidance and be prepared to make necessary compliance adjustments once regulations are issued.

Employer Action Items

New York employers that are required by federal law to maintain first aid supplies should review their current first aid kits and ensure the addition of an appropriate opioid antagonist. Employers should be prepared to update internal first aid protocols, including training staff on storage, access, and proper use. 

Employers with questions related to implementation, compliance, and navigating multijurisdictional considerations should contact their employment counsel.