In recent years, we have had a number of clients report suspected employee overdoses at their facilities. The growing availability and potency of fentanyl and other opiates has resulted in an epidemic of overdoses and deaths. As a result of these workplace events, these employers have asked whether they should purchase naloxone to administer in the event of a suspected overdose. Naloxone is an antidote that can quickly reverse the effects of an opiate overdose, and has been credited for saving countless lives. It is often delivered under the brand name Narcan, an over-the-counter medication.
What risks do employers face when administering naloxone to employees or other persons at their workplaces? While naloxone appears to have few serious side effects, it is possible that a person who receives the drug at work (or their estate) could claim that the employer failed to properly administer the medication, thereby resulting in injury or death. A number of states have Good Samaritan laws that provide immunity from criminal and/or civil claims for individuals and entities that try to assist persons undergoing medical emergencies. However, these laws are not universal, and may include exceptions that allow potential claims.
Any such claims would be based on the negligence of the employer or individual administering the drug. Employers could lower the risk of such claims by providing training on proper use of naloxone. If the employer stocks the drug, it should make sure that unused doses are discarded once their expiration date passes. Companies can check with their insurance brokers or carriers to determine if their general liability or workers’ compensation policies provide coverage for claims relating to naloxone use.
Some employers attempt to limit liability for administration of first aid by making clear that such aid is not a required job function for employees, and that employees who decide to render aid do so voluntarily. When balancing the potential life-saving benefits provided by making naloxone available in the workplace against these legal risks, employers may conclude that the ability to assist employees or others undergoing critical medical emergencies makes these risks worth taking.
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