Ontario, Canada Publishes Regulation on Naloxone Kit Requirement

Udated December 15, 2022: On December 13, 2022, Ontario published this webpage, which provides important information about the amendments to the Occupational Health and Safety Act that require certain employers to have naloxone kits commencing June 1, 2023. The webpage includes information about how employers can determine if they need to provide naloxone in the workplace; how employers that are required to comply with the naloxone kit requirement can, for a limited time starting in December 2022, obtain free naloxone training for up to two workers per workplace and/or one free nasal spray naloxone kit per workplace from Ontario’s Workplace Naloxone Program; and other useful information. 

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As discussed, on December 8, 2022, Ontario proclaimed in force amendments to the Occupational Health and Safety Act made in Bill 88, Working for Workers Act, 2022. The amendments, which require certain employers to have naloxone kits, come into force on June 1, 2023.

On December 12, 2022, Ontario published Regulation 559/22: Naloxone Kits (Regulation), which provides the following additional information about the naloxone kit requirement:

  1. Every naloxone kit must be used, stored and maintained in accordance with the manufacturer’s instructions.
  2. The contents of each naloxone kit must be kept in a hard case.
  3. The contents of each naloxone kit must be for a single use and promptly replaced after such use.
  4. The contents of each naloxone kit must not have expired.
  5. The names and workplace locations of the workers who are in charge of the naloxone kit in the workplace and who have received training to recognize an opioid overdose and administer naloxone must be posted in a conspicuous place in the vicinity of the kit where their names and workplace locations are most likely to come to the attention of other workers.

The Regulation also prescribes the contents for both a nasal spray naloxone kit and an injectable naloxone kit. 

Information contained in this publication is intended for informational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney.