Last month, OSHA releases a two-page guidance about how employers can be prepared for opioid overdoses in the workforce. Among other things, it suggested stocking Opioid Overdose Reversal Medications (OORM), training employees to recognize an overdose and administering OORMs and then calling 911 because the drug’s affect is temporary and has no affect unless opioids are present in the subject’s system. “The two FDA-approved OORMs are naloxone and nalmefene, sold under several brand names.” “Managers, supervisors, and employees should know what to do if someone experiences an overdose at work. Training and education can prepare workers and the community on how to prepare and respond to opioids in the workplace. Having opioid overdose reversal medications (OORMs) on hand can save lives.” Ohio law provides immunity to administering OORMs if certain conditions are satisfied and 911 is summoned.
OSHA summarized key training topics which employers should
implement:
Key Training Topics for
Employees
As more employers keep these
medications on hand, it is important that everyone understands how OORMs work.
Consider creating a voluntary training program that covers:
• The importance of calling 911
even if the person regains consciousness. Naloxone is not a replacement for
emergency medical care.
• Recognizing the signs of an
opioid overdose. These may include slow or stopped breathing, blue lips,
unresponsiveness, and pinpoint pupils. A gurgling or snoring sound is a red
flag that the individual is at risk, as is stupor, cold and clammy skin, coma,
or respiratory failure.
• How OORMs work.
• Step-by-step instructions on how
to use OORMs.
• The potential need for
additional doses. More than one dose may be needed. Follow the dosage and
administration instructions in the product labeling.
• Withdrawal symptoms. In people
who are dependent on opioids, withdrawal symptoms, such as shaking, sweating,
nausea, or feeling angry, may occur after OORM use. This is to be expected.
• The recovery position. How to
position someone safely while waiting for emergency services to arrive.
• Good Samaritan laws. These are
laws that protect people who help someone during an overdose. Employees should
know what protections exist in their state.
Ohio has a number of statutes which govern emergency use of OORMs,
including Ohio Revised Code §§ 3715.50 through 3715.505 and §2925.11. Most applicable is §3715.504, which provides
in relevant part:
(A) In the case of an individual
who is not otherwise authorized under the Revised Code to administer drugs, the
individual may administer an overdose reversal drug under this section. This
authority may be exercised by any individual who is in a position to assist
another individual who is apparently experiencing an opioid-related overdose.
(B) An individual who administers
an overdose reversal drug under the authority conferred by division (A) of this
section is not liable for damages in a civil action for injury, death, or loss
to person or property for an act or omission that arises from administering the
drug, and not subject to administrative action or criminal prosecution for an
act or omission that arises from administering the drug, if the individual,
acting in good faith, does all of the following:
(1) Obtains the overdose reversal
drug under section 3715.50, 3715.501, 3715.502,
or 3715.503
or the Revised Code;
(2) Administers the overdose
reversal drug to an individual who is apparently experiencing an opioid-related
overdose;
(3) Attempts to summon emergency
services as soon as practicable either before or after administering the
overdose reversal drug, except that making such an attempt is not required if
the individual administering the drug knows that emergency services already
have been summoned or are present.
The OORMs must be acquired and stored and subject to
training in order to satisfy this statute.
Under §3715.50:
(B) Notwithstanding any conflicting
provision of the Revised Code, any person or government entity may purchase,
possess, distribute, dispense, personally furnish, sell, or otherwise obtain or
provide an overdose reversal drug, which includes any instrument or device used
to administer the drug, if all of the following conditions are met:
(1) The overdose reversal drug is
in its original manufacturer’s packaging.
(2) The overdose reversal drug’s
packaging contains the manufacturer’s instructions for use.
(3) The overdose reversal drug is
stored in accordance with the manufacturer’s or distributor’s instructions.
(C) In addition to actions
authorized by division (B) of this section, any person or government entity may
obtain and maintain a supply of an overdose reversal drug for either or both of
the following purposes: for use in an emergency situation and for distribution
through an automated mechanism.
(1) In the case of a supply of an
overdose reversal drug obtained and maintained for use in an emergency
situation, a person or government entity shall do all of the following:
(a) Provide to any individual who
accesses the supply instructions regarding emergency administration of the
drug, including a specific instruction to summon emergency services as
necessary;
(b) Establish a process for
replacing within a reasonable time period any overdose reversal drug that has
been accessed;
(c) Store the overdose reversal
drug in accordance with the manufacturer’s or distributor’s instructions.
(2) In the case of a supply of an
overdose reversal drug obtained and maintained for distribution through an
automated mechanism, a person or government entity shall do all of the
following:
(a) Ensure that the mechanism is
securely fastened to a permanent structure or is of an appropriate size and
weight to reasonably prevent it from being removed from its intended location;
(b) Provide to any individual who
accesses the supply instructions regarding emergency administration of the
drug, including a specific instruction to summon emergency services as
necessary;
(c) Develop a process for
monitoring and replenishing the supply maintained in the automated mechanism;
(d) Store the overdose reversal
drug in accordance with the manufacturer’s or distributor’s instructions.
(D) If the authority granted by
division (B) or (C) of this section is exercised in good faith, the following
immunities apply:
(1) The person or government entity
exercising the authority is not subject to administrative action or criminal
prosecution and is not liable for damages in a civil action for injury, death,
or loss to person or property for an act or omission that arises from
exercising that authority.
(2) After an overdose reversal drug
has been dispensed or personally furnished, the person or government entity is
not liable for or subject to any of the following for any act or omission of
the individual to whom the drug is dispensed or personally furnished: damages
in any civil action, prosecution in any criminal proceeding, or professional
disciplinary action.
(E)(1) This section does not affect
any other authority to issue a prescription for, or personally furnish a supply
of, an overdose reversal drug.
(2) This section does not
eliminate, limit, or reduce any other immunity or defense that a person or
government entity may be entitled to under section 9.86, Chapter
2744., section 4765.49, or
any other provision of the Revised Code or the common law of this state.
For more information, you can consult: One
Call Could Save A Life | Ohio Department of Health, Laws & Rules |
Get Naloxone, and Drug
Overdose and Ohio’s Good Samaritan Law |OhioSTART.
NOTICE: This summary is designed merely to inform and alert
you of recent legal developments. It does not constitute legal advice and does
not apply to any particular situation because different facts could lead to
different results. Information here can change or be amended without notice.
Readers should not act upon this information without legal advice. If you have
any questions about anything you have read, you should consult with or retain
an employment attorney.
