Effective December 13, 2026, S5922A amends the New York Labor Law to add a new section requiring all employers that are “federally mandated” to have first aid supplies readily available to treat injured employees to include an “opioid antagonist” in their supplies.
While the law is short, there is a lot to unpack. This article dives deeper into employer coverage, requirements, and key compliance obligations under the New York State Department of Labor’s (NYDOL) proposed rules to implement the law.
On the Surface: General Requirements
Wading into the general requirements, let’s look at which employers are covered and what they need to stock.
Covered employers: The law applies to private employers required by federal Occupational Health and Safety Administration (OSHA) standards to have first aid supplies readily available to treat injured employees.
- OSHA standards: The standard applies to employers without “an infirmary, clinic, or hospital in near proximity to the workplace[.]”
Opioid Antagonist: The law incorporates the New York Public Health Law § 3309 definition of “opioid antagonist,” which means a drug:
- Approved by the Food and Drug Administration that “negates or neutralizes” the effects of opioids in the body; and
- Limited to naloxone—commonly known as Narcan—and other drugs approved by the New York State Department of Health (NYDOH) for such purpose.
Deep Dive: Interpreting the Requirements
Diving deeper into coverage, let’s look at what it means to be in “near proximity” to emergency medical services.
“Near Proximity”: While OSHA has never defined “near proximity,” prior guidance indicates that OSHA interprets the term to mean that—in the absence of an employee onsite who is trained to render first aid—emergency medical services must be available within:
- 3 to 4 minutes for workplaces where serious accidents are possible; and
- 15 minutes for workplaces where the possibility of serious work-related injuries is more remote, such as offices.
Employers in high-traffic areas may have additional considerations. In a letter addressing the 3 to 4 minute timeframe, OSHA explains that:
- An employer cannot rely on emergency services that are an averageof four minutes away because there is a possibilitythat such services could be more than four minutes away;
- The purpose of the timeframes is to ensure that emergency medical services are available within the “critical minutes” following an injury; and
- Any employers intending to rely on outside emergency medical responders must take “appropriate steps prior to any accident[,]” such as making arrangements with the service provider, to ensure that assistance will be available within the applicable timeframe.
On the Horizon: NYDOL’s Proposed Regulations
Coming up for air, let’s look what’s on the horizon for employers. On September 23, 2026, the NYDOL issued proposed rules that would require employers to:
- Make a sufficient number of opioid antagonists available in the workplace, based on factors including workplace size and layout, staffing numbers, presence of high-risk individuals, nature of work, and prior workplace history of overdoses.
- Place opioid antagonists in areas easily accessible to administrators, based on factors including workplace size and layout, or building security features that may hinder response time.
- Effectively communicate the location of opioid antagonists to employees and administrators.
- Regularly inspect the opioid antagonist supply to ensure they are not tampered with, expired, missing, or moved from their locations; and properly dispose of and replace opioid antagonists, as appropriate.
- Ensure there is at least one employee trained to administer opioid antagonists in the workplace during business hours. Training must be consistent with NYDOH materials and include, at a minimum, recognizing overdose symptoms, administering the opioid antagonist, and steps to take before and after administering the opioid antagonist.
Employers sharing a worksite may fulfill these requirements through a written joint compliance agreement, which must be provided to the NYDOL commissioner upon request.
Employer Takeaways
The comment period for the proposed rules ends on November 22, 2026 with the final rules expected in December. Employers can prepare for compliance with the following steps:
- Assess whether worksites are in “near proximity” to emergency medical services.
- Evaluate workplace-specific factors to determine the amount of opioid antagonists required and where they should be located. Opioid antagonists are available over-the-counter at participating pharmacies, and through NYC and New York State resources.
- Train at least one employee on opioid antagonist administration to ensure coverage during business hours.
- Establish procedures for regular inspections, replacement, and disposal of opioid antagonists.
- Communicate the location of opioid antagonists to employees and administrators.
- Consider a joint compliance agreement for shared worksites to fulfill compliance requirements.
If you have any questions relating to the law or proposed rules, or would like assistance assessing coverage or complying with requirements, please feel free to reach out to the NFC Attorney with whom you typically work or call us at 973.665.9100.