New York May Require Opioid Antagonists in First-Aid Kits for Certain Employers, by Keith J. Gutstein, Esq. and Shiddhartha Uddin, Esq., 11-3-2025

The New York State Legislature has passed a bill (S5922/A2725) that, if signed by the Governor, would require certain employers—those federally mandated to maintain workplace first-aid kits—to also include opioid antagonists (e.g., naloxone) in those kits.

Below are some of the key highlights of the pending legislation (S5922/A2725).

Key Provisions

• Covered Employers: If enacted, the legislation applies to private employers in New York that are federally mandated to have first-aid supplies readily available in the workplace. Employer is defined in the legislation as “any person, corporation, limited liability company, or association employing any individual in any occupation, industry, trade, business or service.” While the statute does not explicitly specify which types of companies are required to maintain first aid supplies—beyond those covered by federal mandates—OSHA regulations require employers to ensure that first aid is readily available when a hospital, clinic, or infirmary is not “in near proximity” to the workplace. OSHA guidance interprets” near proximity” to mean the ability to respond and start to administer first aid within 3 to 4 minutes of an incident. The statute expressly excludes governmental agencies.  
• New Requirement:
  Adds a new section 27-F to the New York Labor Law requiring covered employers to include an opioid antagonist in their first-aid kits.
• Effective Date:
  The law becomes effective 180 days after the Governor signs it into law.
• No Immediate Regulatory Guidance:
  The bill does not specify:
  • Required form of the opioid antagonist (i.e., whether the antagonist is to be administered by means of nasal spray, auto-injector, etc.)
  • Dosage to be administered (which may vary based on the circumstances)
  • Quantity of the opioid antagonist to be maintained on site
  • Training and administration procedures for the use of opioid antagonists Storage or expiration requirements

Background and Context

This legislation is part of New York’s ongoing response to the opioid overdose crisis, which has affected communities and workplaces statewide. While the legislation does not state a particular type of opioid antagonist, naloxone is a primary example of one used to block or reverse the effects of opioid drugs. 

Under Public Health Law § 3309(4)(b), New York provides legal protections for individuals and organizations who administer opioid antagonists reasonably and in good faith. This includes protection from civil, criminal, and professional liability.

Compliance Considerations for Employers

1. Determine Applicability

• Review whether your business is subject to federal requirements to maintain first-aid kits
• If so, the new law will apply once in effect.

2. Assess Procurement and Storage Needs

• Evaluate which opioid antagonists (such as Naloxone) are appropriate for your setting.
• Plan for purchasing, storing (per manufacturer’s guidelines), and replenishing expired doses if the legislation becomes law.

3. Consider Training and Usage Protocols

• While not explicitly required, employers should consider training employees on recognizing overdose symptoms and safely administering opioid antagonists.
• Update emergency response plans and first-aid protocols accordingly.

4. Address Legal and Risk Management Concerns

• Review liability protections under New York Public Health Law § 3309. Employers are encouraged to consult with legal counsel to evaluate potential exposure and develop strategies to mitigate liability risks under the applicable law.
• Consult legal counsel or risk management advisors on workplace administration, employee authorization, and insurance considerations.

5. Monitor for Additional Guidance

• State agencies may issue clarifying rules or guidance.
• Stay informed about updates to ensure compliance by the effective date.

Conclusion

While the legislation still needs the Governor’s approval, employers may want to evaluate their obligations and do some preemptive planning.

Authors: Keith J. Gutstein, Chair of KD’s Labor and Employment Law Practice Group and Co-Managing Partner of the Long Island Office and Attorney Shiddhartha Uddin