What are the rules for Naloxone kits in Ontario?

When June rolls around in Ontario, some workplaces will be required to address this issue of opioid overdoses.

Essentially, employers are going to be required to make Naloxone kits available, either in the form of a nasal spray or an injectable one, according to Ben Sissons, associate at Bennett Jones in Toronto.

But the requirement is only enforced for employers who know or ought to know that there’s a risk of an opioid overdose in their workplace, he says.

“That seems to be the threshold question here that employers are going to have to ask themselves. The Ontario government’s released some guidance that’ll be helpful, that employers can look to to determine whether or not they’ll fall under these regulations.”

The new regime is part of the Working for Workers Act, 2022 (Working for Workers Act 2), and the Naloxone regulations will be in force on June 1.

Digging down

The rules only apply on the actual job site not when a worker is off-site, says Sissons.

“The guidance suggest that this doesn’t cover any situations where they become aware of the fact that an employee consumes opioids outside of the workplace; it needs to be at risk that there is opioid use at the workplace [and] not just use but the risk of an overdose.”

And it only covers employees, not visitors, he says.

“This won’t apply, for example, if at a department store the employer finds paraphernalia in the bathroom, and through an investigation it is determined this came from a customer and not an employee — this won’t trigger the requirements under OHSA [Occupational Health and Safety Act] to have Naloxone kits in the workplace.”

Substance abuse became more of an issue during the pandemic and it began to affect some benefits spending.

‘It applies to any workplace’

For those employers who feel there might be such a risk, asking certain questions is a great first step, according to a safety expert.

These include: “Has a worker had an overdose already in the workplace? Has a worker who uses opioids voluntarily disclosed the risk to the employer? Have they seen discarded paraphernalia like needles or elastics in the workplace?” says Pamela Patry, health and safety consultant with the Workplace Safety and Prevention Services (WSPS) in Sudbury Ont.

Every workplace in the province is potentially eligible for these new requirements, she says, which is different from some other safety rules.

“It is not connected to the size of a workplace like you see in other health and safety legislation. It applies to any workplace that meets the criteria of those risks. They do talk that construction may have a higher risk but it doesn’t mean that the others don’t.”

Legal considerations

Another area of concern for HR and employers is that some employees must be trained to administer the treatment when needed, and those workers will be put in charge of the actual kits, says Patry.

“If somebody is on vacation, or a different shift, who’s going to be the person during those times? Employers should really consider having additional people to cover those other times.”

The training covers issues such as how to recognize an opioid overdose, how to administer Naloxone, and any hazards related to the administration of Naloxone, “so any hazards that may pose to the first aider or the responder after the event,” says Patry.

For workplaces who should be in compliance but find themselves lacking, the penalties are “pretty significant,” says Sissons.

“For directors or officers or corporations that are found in violation, the maximum fine is increased; it currently is $100,000 per offense or conviction. That’s being increased to $1.5 million so a very, very significant increase in terms of the maximum. For other individuals within the corporation, it’s $500,000 and there’s going to be a list of aggravating factors that will be considered in terms of these violations but those factors haven’t really been disclosed yet.”

Deadline fast approaching

While the legislation doesn’t come into effect until June 1, that doesn’t mean you couldn’t have an opioid emergency sooner, says Patry.

“Let’s get the training in place; let’s get them Naloxone kits; let’s start those conversations,” she says. “Start getting your plan in place so that if an emergency happened before, June 1, workplaces are ready to respond.”.

Even with workplaces that may not be at risk, it’s advisable to act as if they are, says Sissons, in order to cover all bases.

“The availability of these kits is pretty widely available these days. And with the risk of overdose going up and up each year, it may make sense [to comply] — whether or not you’re actually by the letter required to comply with these provisions… because if there is a an opioid overdose, and there is an investigation into it, the employer is going to have to prove that they were not required to have a kit under these regulations, and that could get could get messy.

“Our position is why not go to a pharmacy, spend the 20 bucks or whatever it costs to get a kit and then also invest in some training so that people are properly prepared?” he says.