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New DOL Guidance for Employers on Opioid Overdose Response

Employer Insight: The US Department of Labor (DOL) released a fact sheet to help employers prepare for opioid-related overdose emergencies in the workplace. The fact sheet defines opioids as natural, semi-synthetic, and synthetic drugs that can be both prescribed and sold on the streets illegally.

New York employers will have specific requirements per recent revisions to the state labor code that dictate opioid overdose reversal medications are stored onsite.

For other states that do not carry mandatory requirements, the agency strongly recommends having opioid overdose reversal medications onsite. managers, supervisors, and employees are urged to be prepared to respond to an overdose at work.

Two FDA-approved medications exist to reverse overdoses: naloxone and nalmefene. They may be sold under different brand names and can be administered by nasal spray and injection, thus, the DOL advises notifying employees which method is onsite and confirming that they are trained to use it. The DOL advises employers to store these medications properly, monitor expiration dates and supply levels, and keep the medications visible and accessible. Employers can purchase these medications through various methods listed on the fact sheet. The DOL explains how reversal medications work to reverse and block the effects of opioids, allowing normal breathing to resume temporarily while waiting for paramedics to arrive.

New York law requires employers in that state add opioid reversal medications to their first-aid kits by December 13, 2026. The law applies to all NY employers that are federally mandated to maintain first-aid kits, with the exception of  governmental agencies. Worksites that do not have an infirmary, clinic, or hospital to treat all injured employees in “near proximity” must maintain first aid supplies, including reversal medications, though New York has not defined “near proximity.” Proposed rules are pending regarding employer compliance, including information on quantity and placement, suggested training, maintenance, inspection, shared workspaces, and compliance costs.

Recommended Employee Training Topics: The DOL identifies key topics employers should include in opioid-emergency response training, regardless of state labor code requirements.

These topics include the importance of calling 911, recognizing the signs of opioid overdose, understanding how reversal medications work, sharing step-by-step instructions on administering those medications, assessing the need for additional doses, identifying withdrawal symptoms, knowing the recovery positions, understanding Good Samaritan laws, treating the employees with respect, and providing resources to employees for continuing care.