“No one should die from an overdose at work when we have the tools to prevent it,” Assemblywoman Amy Paulin said when announcing the new law. Against the backdrop of New York’s opioid crisis, the Legislature enacted Labor Law § 27-f to make opioid antagonists, such as naloxone (sold under the brand name Narcan), available in the workplace as first aid. The law was originally set to become effective in June,1 but the Legislature pushed back the effective date to December 13, 2026. It applies statewide to employers that are required by OSHA to maintain first-aid supplies. It does not automatically apply to every employer, and government employers are excluded.
On September 23, 2026, the New York State Department of Labor (NYSDOL) proposed regulations to implement the law. Under the proposed regulations, covered employers would be required to determine the appropriate number of opioid antagonists for each workplace based on factors such as (1) the size and layout of the work site; (2) the number of individuals present at the work site; (3) the nature of the work performed; and (4) any history of suspected overdoses among employees. Employers would also be required to store the medication in a location where it can be accessed quickly, inform employees of its location, and maintain it in its original packaging with the instructions. The current proposal does not require employers to keep the opioid antagonist in an existing first-aid kit; however, employers should choose a reasonably accessible location to store the medication at their discretion.
The proposed regulations would also require at least one employee to be trained to administer an opioid antagonist at the workplace during business hours. The required training would address how to: (1) recognize a suspected overdose; (2) administer the medication; (3) contact emergency medical services; and (4) understand applicable Good Samaritan protections. Employers would also be expected to inspect their supply regularly and replace medication that has expired, is missing, has been tampered with, or has been used.
The proposed regulations are not yet final. NYSDOL is accepting public comments for 60 days following publication of the proposal, and the rule would take effect upon publication of a notice of adoption in the State Register.
Footnote
1. See https://www.fordharrison.com/are-you-up-to-date-in-2026-key-developments-in-new-york-employment-law .
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