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,...
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