Does Your Business Have to Comply with New Naloxone Rules?

Starting June 1, 2023, some Ontario employers must provide naloxone in the workplace in case a worker has an opioid overdose.

How do I determine if my business must comply?
Not all employers, no matter what sector they represent, have to comply with the new requirements to provide naloxone in the workplace.

An employer must keep a naloxone kit on-site when they become aware, or ought reasonably to be aware, of the following three scenarios:

• There is a risk of a worker opioid overdose.
• There is a risk that a worker overdoses while in a workplace where they perform work for your business.
• The risk of an opioid overdose is from a worker that performs work for your business.

If all three scenarios are present, the employer must comply with the requirements to provide naloxone in the workplace. If any one of these scenarios is not present, the employer does not need to comply.

Should I ask my workers if they use opioids to figure out if I need to comply? 
No. Asking workers about their drug use, whether it is a prescribed drug or not, can leave you open to a Human Rights complaint. Additionally, you must not disclose more personal information than is reasonably necessary to comply with the naloxone rules. For example, you may tell the worker who is trained to administer naloxone that there is the potential of an opioid overdose at your business, but you may not tell them which worker(s) use(s) opioids. 

If a worker voluntarily discloses to me that they use opioids prescribed by a medical practitioner, does my business have to comply?
If at any time you become aware of opioid use by a worker, whether under medical supervision or not, first check the list of the three criteria (see above) that must all be present for your business to be required to comply.

Is my business required to have a naloxone kit for non-workers, such as customers, patients, or other members of the public?
No. The requirements do not apply to workplaces where the risk of an opioid overdose is created by a non-worker.

If you’ve determined that your business must comply, please see the information below for more details.

Where can I get naloxone kits and training for my workers on how to administer naloxone?
For a limited time under Ontario’s Workplace Naloxone Program, businesses can access free naloxone training for up to two workers per workplace and/or one free nasal spray naloxone kit per workplace.

Visit the following participating program providers for more information:

• Canadian Red Cross
• St. John Ambulance

What are the training requirements?
Trained workers must be able to:

• recognize an opioid overdose
• administer naloxone
• understand hazards related to the administration of naloxone

Employers are not required to use a specific training provider.

Once a worker is trained to administer naloxone, do I have to call 9-1-1 when there is a suspected opioid overdose at my business? 
Employers should call 9-1-1 immediately if a worker falls unconscious in the workplace. Naloxone alone isn’t enough to assist a worker who is unconscious and experiencing an opioid overdose in the workplace. It helps them get immediate life-saving treatment until emergency medical personnel can take over their care.

Does the worker trained to administer naloxone in my workplace also have to be trained in first aid? 
If the worker with naloxone training is not trained in first aid, as a best practice, they should be accompanied by someone who is trained in first aid when they respond to a suspected opioid overdose. This can help to ensure that first aid is administered if the medical event is not an opioid overdose.

How many workers at my business must be trained and on-site?
The rules don’t specify the exact number of workers who must receive the required training. However, any time workers are in the workplace, there must be a trained worker on-site who works in the vicinity of the naloxone kit.

Is my business required to inform workers of the persons responsible for administering naloxone in our workplace?
Yes. Employers are required to post the names and workplace locations of the trained workers who are responsible for the naloxone kit in a highly visible place near the kit.

How many naloxone kits is my business required to have on-site? 
An employer must provide at least one kit in each workplace where they are aware, or ought reasonably to be aware, of the risk of one of their workers having an opioid overdose.

Should my workers be worried about getting sued if something goes wrong when they administer naloxone at work? 
Protection from liability available under the Good Samaritan Act, 2001 would generally apply to a worker who voluntarily administers naloxone at the workplace in an emergency in response to an opioid overdose.

Who is responsible for providing the naloxone kit on a worksite shared by multiple employers? 
Only the employer of the worker who is at risk would be required to provide a naloxone kit in that workplace.