Opioids

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Beginning Dec. 13, 2026, covered employers in New York must stock opioid antagonists, such as naloxone (commonly known as Narcan), in their workplaces. Labor Law § 27-f applies broadly to private employers, including corporations, LLCs, and other business entities federally required to keep first aid supplies on hand. Labor Law § 27-f does not apply…

The Department of Transportation proposed adding fentanyl and norfentanyl (a metabolite of fentanyl) to the DOT drug testing panel and making certain other technical amendments to its drug testing program.

According to a Sept. 2, 2025, Notice of Proposed Rulemaking, DOT’s proposed rule is intended to harmonize with the Department of Health and Human…

The Biden Administration has released a Recovery-Ready Workplace Toolkit: Guidance and Resources for Private and Public Sector Employers. The Toolkit is part of Administration’s efforts to beat the opioid epidemic.   It provides information, tools, and resources to help employers effectively prevent and respond to substance misuse in the workforce and reduce its impact on…

The U.S. Department of Transportation, Federal Motor Carrier Safety Administration (FMCSA) published a proposed draft Medical Examiner’s Handbook (MEH), including updates to the Medical Advisory Criteria, in the Federal Register on August 16, 2022.  The FMCSA’s regulations provide the basic driver physical qualification standards for commercial motor vehicle (CMV) drivers, in 49 CFR 391.41 through…

The Centers for Disease Control and Prevention (CDC) published data on May 11, 2022 concluding that drug overdoses in 2021 reached the highest levels on record.  CDC stated that an estimated 107,622 drug overdose deaths occurred in the United States in 2021, largely driven by opioids.  This figure is a 15% increase over the number…

The U.S. Department of Justice (DOJ) published guidance on April 5, 2022 explaining how The Americans with Disabilities Act (ADA) protects people who are in treatment or recovery for opioid use disorder (OUD), including those who take prescription medications as part of that treatment.

The guidance states that individuals in treatment or recovery from opioid…

A federal court in Ohio denied summary judgment to both parties where an employer refused to hire an applicant who used opioid medication as a forklift driver.  The court held that there were disputed issues of fact as to whether the parties participated in the interactive process in good faith and whether the applicant’s opioid…

The Drug Enforcement Administration issued a public safety alert on September 27, 2021 to warn Americans of the alarming increase in the lethality and availability of fake prescription pills containing fentanyl and methamphetamine.  Calling its public safety campaign “One Pill Can Kill,” the DEA’s first public safety alert in six years seeks to raise public…

According to a new Quest Diagnostics Health Trends study published on October 8, 2020, the misuse of fentanyl, heroin and nonprescribed opioids has increased during the COVID-19 pandemic.

The study analyzed more than 872,000 de-identified lab results from all 50 states and the District of Columbia.  The researchers compared drug positivity rates before the pandemic…

According to a new Quest Diagnostics study, employers saw the highest rate of positive workforce drug test results since 2003. As expected, marijuana was the most detected drug, including in states where marijuana remains illegal. The study reported a surge in positive results in the Midwest for cocaine, methamphetamine and marijuana. However, the report found…