New York Employers Now Required to Carry Opioid Antagonist

New York recently enacted Senate Bill A9453 (SA9453), amending the state’s Labor Law to add Section 27-F, which requires OSHA-covered workplaces that maintain first-aid supplies to include an opioid antagonist in those materials.

SA9453 goes into effect on Dec. 12, 2026.

Overview

SA9453 was enacted in response to New York’s growing opioid epidemic and the need to enhance workplace and community safety. According to the New York State Department of Health’s 2023 Opioid Annual Report, opioid overdose deaths increased more than 360% from 1,074 deaths in 2010 to 5,017 deaths in 2021, including a sharp 70.7% increase from 2,939 deaths in 2019.

Under existing OSHA standards, private employers are required to maintain adequate first-aid supplies when a clinic or hospital capable of treating injured employees is not in close proximity to the workplace. SA9453 applies to these employers by requiring them to have an opioid antagonist (in first-aid supplies) available for use in providing first aid or emergency treatment at the workplace.

Employers do not need naloxone in every individual first-aid kit, but it must be readily accessible wherever first aid is administered. Administering an opioid antagonist will be considered first aid or emergency treatment. Furthermore, the law states that the New York State Labor Commissioner and New York State Health Commissioner must provide regulations to address the following:

• The appropriate number of opioid antagonists for workplaces based on the size of the workplace;
• The training of personnel and use of such opioid antagonists; and
• Any other matter deemed necessary by such commissioner.

Employer Takeaways

Prior to the compliance date, covered employers should review and update their existing first-aid and emergency response programs to reflect the new requirement, determine where opioid antagonists will be maintained within the workplace, and begin sourcing compliant supplies. Covered employers should identify which employees may need training in recognizing opioid overdoses and administering the antagonist. They should also monitor for guidance and amendments to the law as they become available so they can adjust quantities, placement, and training practices as needed prior to enforcement.

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