Provincially regulated employers in Ontario might need to have naloxone kits onsite

On June 1st, 2023, “at-risk” provincially regulated employers will be required to have naloxone kits onsite and have workers who are trained to use them. Naloxone is a lifesaving drug used to temporarily reverse the effects of opioid overdoses. Commonly used opioids include morphine, heroin, oxycodone, fentanyl, and codeine.

Though it may be ideal that every employer has naloxone kits, as it can be hard to tell when an employee is suffering from an opioid addiction, the new regulations do not make a blanket requirement for employers to have naloxone kits onsite. The employers who are required to have naloxone kits onsite are those who:

  • Know that there is a risk of one of their workers suffering an opioid overdose
  • Know that there is a risk that a worker overdoses while in a workplace where they perform work for the employer

It is key to note that the risk of an opioid overdose must be to one of the employer’s workers. The new regulation does not apply if there is a risk that a customer or another employer’s worker who might come into their workplace is at risk of having an opioid overdose. However, you can still choose to have a naloxone kit onsite if that is the case, you are just not required to do so.

Ontario has released guidelines on its naloxone in the workplace requirements. They suggest that you may be at risk of one of your workers having an opioid overdose if you have observed opioid use among your workers or know that one of your workers had an opioid overdose in your workplace. You do not need to ask employees if they use opioids. However, if a worker tells you that they use prescribed opioids, it does not indicate that there is a risk of an overdose if that worker is following their prescription.

The requirements for “at-risk” employers

If you do fit the requirements of an “at-risk” employer, you will be required to get a naloxone kit. To support employers, the Ontario government is, at the time of writing, offering free nasal spray naloxone kits. Regardless, there are two types of naloxone kits are permitted under the legislation:

  1. Nasal spray naloxone kits, which include:
    • 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
  2. Injectable naloxone kits, which include:
    • Two vials or two ampoules, with each vial or ampoule containing 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 one inch in length (2.54 cm);
    • Two alcohol swabs;
    • One rescue breathing barrier; and
    • One pair of non-latex gloves

The regulation also prescribes the maintenance and storage of the above-noted naloxone kits. Therefore, when you obtain a naloxone kit, you must:

  • Use, store, and maintain the naloxone kit following the manufacturer’s instructions;
  • Keep the contents of the naloxone kit in a hard case;
  • Ensure the contents of the naloxone kit are for a single use and that the contents are promptly disposed of and replaced after each use; and
  • Ensure that the naloxone kit has not passed its expiry date

The at-risk employer is also required to train workers on how to administer the naloxone kits. Currently, the Ontario Government is offering free training for up to two workers of an “at-risk” employer. Once workers are trained on how to use the naloxone kits, their names and their workplace location should be posted in a conspicuous spot, where it will come to the attention of other workers, near where the naloxone kit is stored.

How Suzanne Desrosiers Professional Corporation can help

The new regulation falls under the Occupational Health and Safety Act, so a violation could lead to a steep fine or even prison time. Specifically, the cost of non-compliance with the regulation can be up to $500,000 for an individual offender and up to $1.5 million for a corporation, director or officer of a corporation, per offence. There is also the possibility of up to one year in prison for individuals, directors, or officers who violate the regulation.

To avoid hefty fines or possible prison time, we can help address any questions you may have about this new legislation. Our employment lawyers can help you determine if this regulation applies to you. If it does, we can help you get into compliance by June 1st, 2023. You can contact us by calling us at (705) 268-6492 or emailing us at info@sdlawtimmins.com.