Naloxone Law Effective June 1, 2023
Updated: May 30
The Naloxone Kit requirement has been passed into law effective June 1, 2023. The legislation introduced under the Working for Workers Act 2022 (Act 2) calls for any business employer that becomes aware of a risk of an opioid overdose in the workplace to provide naloxone kit(s) with employee training. (O. Reg. 559/22)
The OHSA and all employers have a duty to take every reasonable precaution to ensure the workplace is safe. Employers should review the guidance above and assess whether the new requirements apply. If so, employers must comply with these new requirements by June 1, 2023.
Provision and maintenance of naloxone kits:
Every naloxone kit shall be used, stored and maintained in accordance with the manufacturer’s instructions.
The contents of each naloxone kit must be kept in a hard case.
The contents of each naloxone kit must be for a single use and promptly replaced after such use.
The contents of each naloxone kit must not have expired.
The names and workplace locations of the workers who are in charge of the naloxone kit in the workplace and who have received the training shall be posted in a conspicuous place in the vicinity of the kit where their names and workplace locations are most likely to be seen by other workers.
Contents of naloxone kits:
For a nasal spray naloxone kit, two doses of intra-nasal spray, with each dose containing 4 mg/0.1 ml of naloxone hydrochloride, one rescue breathing barrier, and one pair of non-latex gloves.
For an injectable naloxone kit, two vials or two ampoules, with each vial or ampoule containing a 0.4 mg/1 ml dose of naloxone, for each ampoule included in the kit, one device to safely open the ampoule, such as a breaker, snapper or opener, two syringes, with each syringe attached to a 25 gauge safety-engineered needle that measures 1 inch in length, two alcohol swabs, one rescue breathing barrier, and one pair of non-latex gloves.
A business employer is required to designate and train employees (number of required employees is not specified in the OHSA) to ensure they understand the naloxone kit contents and can administer it on recognizing an opioid overdose. A trained employee should be in the workplace during each work shift. View the governments guide here.
Frequently Asked Questions:
Is the employer aware of the risk of a worker opioid overdose?
An employer may become aware of a risk of an opioid overdose if: (i) there has already been an overdose at the workplace; (ii) an employer observes opioid use, or discovers discarded drug paraphernalia, such as needles; (iii) the Joint Health and Safety Committee, the health and safety representative, a union representative, or human resources staff brings this risk to the employer’s attention; or the worker who uses opioids may voluntary disclose this risk to their employer.
Is the risk of a worker opioid overdose happening in the workplace where the worker performs work for the employer?
In order for the new requirements to apply, there must be a risk of a worker having an opioid overdose while at the workplace where the worker performs work for the employer.
The requirements do not apply if there is a risk of it happening outside of the workplace.
Is the risk posed by a worker who performs work for the employer?
The risk of overdose must be in relation to a worker who performs work for the employer.
“Worker” is defined in OHSA as a (i) person who performs work or supplies services for monetary compensation; (ii) a secondary school student who performs work or supplies services for no monetary compensation under a work experience program authorized by the school board that operates the school in which the student is enrolled; (iii) a person who performs work or supplies services for no monetary compensation under a program approved by a college of applied arts and technology, university, private career college or other post-secondary institution; and (iv) other persons prescribed who perform work or supply services to an employer for no monetary compensation.
The requirements regarding naloxone kits do not apply where the risk of an opioid overdose is to a non-worker, such as a client, a patient, a member of the public, or to a non-worker.
In short, an employer must provide a naloxone kit where an employer becomes aware, or ought reasonably to be aware, of the following scenarios: (i) there is a risk of a worker opioid overdose; (ii) there is a risk that the worker overdoses while in a workplace where they perform work for the employer; and (iii) the risk is posed by a worker who performs work for the employer. If all of these scenarios are present, an employer must comply with the OHSA requirement to provide naloxone in the workplace.
COMPLIANCE AND ENFORCEMENT
As of July 1, 2022, the fines for a contravention of the OHSA by a person were increased to a maximum of $500,000 (previously $100,000). On conviction, directors or officers of a corporation who do not take reasonable care to ensure that the corporation complies with the OHSA and related orders are liable to a fine of not more than $1.5 million for a corporation or to imprisonment for a term of not more than twelve months, or to both.