New California Bills Would Require Naloxone in the Workplace to Respond to Drug Overdoses

Quick Hits

• AB 1976 would require Cal/OSHA to submit a draft regulation to the California Occupational Safety and Health Standards Board requiring that first aid kits in the workplace contain the nasal spray naloxone hydrochloride.
• AB 1996 would require “[e]ach stadium, concert venue, and amusement park” to “maintain unexpired doses of naloxone hydrochloride or any other opioid antagonist on its premises,” ensuring that the medication is accessible and that at least two employees know where to find it.

Democratic Assembly Member Matt Haney introduced Assembly Bill (AB) No. 1976, which, if enacted, would require the California Occupational Safety and Health Standards Board to “adopt revised standards” under Section 3400 of Title 8 of the California Code of Regulations “to require [that] all first aid kits in a workplace … include nasal spray naloxone hydrochloride.” The bill would give the Standards Board until December 1, 2026, to adopt the revisions.

Republican Assembly Member Juan Alanis also introduced AB 1996, legislation that would require “[e]ach stadium, concert venue, and amusement park” to ensure that “naloxone hydrochloride or any other opioid antagonist” is accessible on its premises and that at least two employees know where to find the medication. The bill would require the California Department of Public Health (CDPH) to develop an opioid overdose training program and to provide the training to those establishments.

According to the U.S. Centers for Disease Control and Prevention, overdose deaths are increasing across the nation. California has a CDPH statewide naloxone standing order that was issued in 2017 to allow for the distribution of naloxone and for its administration during an overdose.

The two new California State Assembly bills seek to address the rising risk of overdose death by requiring the Standards Board to adopt a new regulation enhancing the contents of first aid kits and mandating that venues that host large public gatherings “maintain unexpired doses of naloxone hydrochloride or any other opioid antagonist” on their premises. These two bills have not been heard in committee and do not have any hearings scheduled for them at this time.

Ogletree Deakins’ Workplace Safety and Health Practice Group will continue to monitor developments and will publish updates on the Workplace Safety and Health blog as additional information becomes available.

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