Seyfarth Synopsis: California and New York will soon be requiring Narcan in some workplace first aid kits. While Narcan provides a meaningful, prompt, and potentially lifesaving response to opioid overdoses, effective implementation of a Narcan program may require employee training and an expanded first aid response structure.

The Centers for Disease Control and Prevention (CDC) estimated 54,000 to 57,000 opioid‑related deaths nationwide in 2025. Narcan (Naloxone) provides a potentially lifesaving solution to opioid overdoses that is simple to administer and has a very low probability of harming the recipient. No federal or state laws currently require Naloxone (Narcan) for first aid purposes outside of certain health care environments. Litigation exposure associated with offering Narcan remains limited, both because workers’ compensation laws cover most employee claims and because many states extend immunity through Good Samaritan statutes. Recent legislative activity in New York and California, however, signals growing regulatory interest, and employers should understand how these laws operate and consider whether Narcan can help protect employees.

1. Naloxone Offers Clear Life‑Saving Benefits

Naloxone (brand name Narcan) is an FDA‑approved, over‑the‑counter nasal spray used to reverse opioid overdoses. Opioid overdose causes:

  • respiratory arrest
  • cardiac arrest
  • and potentially death

According to 2024 guidance from the CDC, prompt Narcan administration dramatically increases overdose survival rates.

2. Opioid Risks Remain Prevalent Among Working‑Age Adults

While opioid positivity rates in employment drug tests have declined over the last five years, they remain elevated compared to historical norms. See https://www.questdiagnostics.com/content/dam/corporate/restricted/documents/drug-testing-index/DTI-2025-Tables.pdf.  Accordingly, risks of opioid use, positivity, and workplace overdose remain elevated in many workplaces.

3. Narcan Is Safe, Low‑Risk, and Simple to Use

Per 2024 CDC guidance, the Narcan nasal spray format is straightforward to administer and extremely unlikely to harm a person who is not experiencing an opioid overdose. Emergency medical technicians (EMTs) universally carry naloxone, and their response often follows workplace administration.

4. No Federal Requirement to Stock Narcan—But NIOSH Provides Helpful Guidance

There is no federal OSHA standard requiring employers to stock naloxone or maintain opioid‑response programs. However, NIOSH published a non‑mandatory factsheet for employers evaluating the use of Narcan onsite that remains available. See https://www.cdc.gov/niosh/docs/2019-101/pdfs/2019-101.pdf. The guidance highlights considerations such as hazard assessments, responder training, PPE, and integration with existing emergency plans.

5. New York’s New Narcan Statute — and Its Dependence on Federal OSHA Requirements

In 2025, New York enacted Labor Law § 27‑f, requiring employers to maintain an “opioid antagonist” (e.g., naloxone) in their first aid supplies, but only when the employer is “federally mandated to have first aid supplies readily available for the treatment of all employees.” N.Y. Labor Law § 27‑f.

The federal mandate limitation means employers who are required to provide first aid services, normally covering rural facilities. New York’s Senate Bill materials clarify that “federally mandated” refers to workplaces where OSHA requires first aid kits. But OSHA only mandates first aid supplies when medical services are not available in “near proximity.” Under 29 C.F.R. § 1910.151(b), an employer must maintain “adequate first aid supplies” when no hospital, clinic, or infirmary is nearby, and when employees are designated and trained to provide first aid.

Many employers maintain aid kits and allow self‑care or Good‑Samaritan assistance but do not operate formal first aid response teams. Such employers have a strong argument that New York’s statute does not obligate them to stock Narcan.

6. California’s Forthcoming Cal/OSHA Regulations

On September 27, 2024, California Governor Gavin Newsom signed Assembly Bill (AB) 1976, On September 27, 2024, California Governor Gavin Newsom signed Assembly Bill (AB) 1976, requiring Cal/OSHA to implement a standard requiring workplace Narcan. Before December 1, 2027, Cal/OSHA must submit a draft rulemaking proposal to the Standards Board to revise regulations on first aid materials and emergency medical services, to require first aid materials in a workplace to include Narcan (naloxone).  The Standards Board is required to adopt revised standards by December 1, 2028.  While California has not yet issued proposed language, the direction is clear: the state intends to impose some form of Narcan‑related requirement via Cal/OSHA regulation.

For multistate employers, these emerging state trends warrant careful monitoring—especially given California’s track record of influencing national safety expectations, and the track record of Cal/OSHA officials becoming federal OSHA leadership during Democratic administrations.

7. Employers Should Review Their Injury and Illness History

For employers who wish to better understand potential benefits from adding Narcan (Naloxone) to first aid kids, we recommend assessing:

  • known overdoses
  • suspected overdoses
  • EMS calls referencing drug events
  • five‑year trends

A history of prior incidents may support the addition of Narcan (Naloxone) voluntarily as part of a broader first aid and emergency‑response strategy.

8. Safety Considerations for Employees Administering Narcan (Naloxone)

Employers need to protect employees who respond to overdose incidents and attempt to administer Narcan (Naloxone). Responders who administer Narcan (Naloxone) may encounter:

  • powder or liquid opioids
  • unsafe environments
  • respiratory hazards
  • the need for PPE (gloves, masks)
  • the need to perform cardio-pulmonary resuscitation after administration

If administering Narcan becomes part of responders’ assigned duties, OSHA may require compliance with the Bloodborne Pathogens (BBP) standard. Most employers with designated responders already maintain BBP programs, but others may need to expand training.

9. Tort Liability Remains Limited

Individuals who become injured or ill during an administration of Narcan (Naloxone) could bring tort or worker’s compensation claims against the employer. Worker’s compensation claims may be limited by the compensability of drug overdose under state law. Potential negligence claims related to Narcan administration (or failure to administer it) are mitigated by:

  • Workers’ compensation exclusive remedy –> employees generally cannot bring tort claims for workplace injuries.
  • Good Samaritan protections –>Most states provide robust immunity for individuals who respond in good faith to suspected overdoses.

Contractors and non-employees could theoretically pursue negligence claims, but Good Samaritan statutes and the high threshold for proving causation make such claims unlikely to succeed.

10. Additional Employer Recommendations

New York’s Narcan requirement applies only to employers federally mandated under OSHA to maintain first aid supplies—a narrow category that often excludes urban, suburban, and in-town worksites. California is moving toward a similar requirement, but rulemaking may be two years away. Although no federal mandate exists, employers may still find value in voluntarily adding Narcan (Naloxone) to first aid kits, provided they implement appropriate training and hazard‑mitigation measures. Many employers with industry-leading safety programs have adopted Narcan (Naloxone) at their worksites in recent years.

If you are evaluating whether to implement a Narcan program or need a multi‑state compliance strategy, the Seyfarth Workplace Safety & Environmental team is ready to assist.