Tag: Employee Safety

Tag: Employee Safety

Stocking Naloxone in the Workplace: What Employers Need to Consider

Posted on by Yelmy Gray

It is well known that opioid overdoses have occurred at epidemic levels in the United States for years. According to the U.S. Centers for Disease Control and Prevention (CDC), opioid overdose deaths have increased from 21,089 in 2010, to 47,600 in 2017, to more than 80,000 in 2021 and 2022.

As the number of deaths has increased, so has the number of employees overdosing in the workplace. Employers are justifiably alarmed and want to do all they can to save lives. This may include stocking nonprescription naloxone nasal sprays in the workplace.

Quick Hits

  • The FDA’s recent approval of nonprescription over-the-counter naloxone nasal sprays makes the life-saving drugs more accessible to employers that want to have them on hand in case a worker overdoses in the workplace.
  • Both the CDC and the National Safety Council encourage employers to set up protocols for stocking and administering naloxone in the workplace.
  • OSHA does not yet have a standard for providing naloxone in the workplace, but NIOSH provides resources for employers considering whether to implement a naloxone availability and use program.

Naloxone is a medication used to rapidly reverse the effects of opioid overdose. Narcan and RiVive are two of the available nonprescription nasal spray versions of naloxone. On March 29, 2023, the U.S. Food and Drug Administration (FDA) approved Narcan for over-the-counter, nonprescription use, thereby making this life-saving medication much more accessible to employers. The FDA gave RiVive and a generic version the same approval in July 2023. Both the CDC and the National Safety Council (NSC) encourage workplaces to set up naloxone protocols.

As the adage says, with opportunity comes responsibility, and employers are understandably concerned about training, workplace safety considerations, and potential legal ramifications with regard to stocking and administering naloxone in the workplace.

Workplace Safety Implications

The Occupational Safety and Health Administration (OSHA) has not yet set a standard that deals with drug overdoses. However, the National Institute for Occupational Safety and Health (NIOSH) issued resources in 2018 for employers considering whether they should implement a naloxone availability and use program. More recently, Todd VanHouten, chair of the committee that oversees OSHA’s first aid kit standard, 29 C.F.R. § 1910.151(b), was quoted as saying that he expected naloxone to be included on the committee’s 2023 agenda.

OSHA has issued various interpretation letters and standards regarding post-incident drug testing, as it relates to 29 C.F.R. § 1904.35(b)(1)(iv). However, OSHA has not explicitly tackled what happens when on-site drug use turns into an on-site overdose. This means that for now, employers must simply rely on OSHA’s current guidance related to safety training, bloodborne pathogen training, personal protective equipment (PPE), and recordkeeping.

Training

As with other tools kept on-site, employers choosing to stock naloxone will want to make sure that those who may be administering one of the drugs are appropriately trained. While the drugs are not required to be administered by licensed healthcare professionals, employers may want to carefully consider whether training should apply to all employees or a smaller population. Training for the administration of the drugs is widely available—and typically free—through local health departments and social service agencies.

In addition to determining who should attend any naloxone-specific training, employers may want to consider what training components might be necessary. First, employers may want to include bloodborne pathogen training. 29 C.F.R. § 19010.1030 requires employers to protect workers from occupational exposure to human blood or other potentially infectious materials, which can occur in overdose instances where blood or needles might be present. This means that while OSHA cannot specifically issue citations on how employers would train on the use of naloxone, there could, under certain circumstances, be grounds for a citation related to a violation of 29 C.F.R. § 19010.1030.

PPE

Employers may also want to determine whether stocking naloxone may require additional PPE training. Those administering naloxone would likely need to know how to properly use PPE, such as gloves and face protection. Employers with PPE programs in place might consider revising their programs to include such PPE use in specific cases involving naloxone nasal sprays.

Recordkeeping

With regard to recordkeeping practices, the mere administration of a naloxone nasal spray to an employee does not automatically make a workplace injury or illness recordable under 29 C.F.R. § 1904. Nonprescription naloxone nasal sprays would therefore not be considered medical treatment beyond first aid as defined by 29 C.F.R. § 1904.7(b)(5).

Implications Related to Good Samaritan and Naloxone Access Laws

Any employer considering stocking nonprescription naloxone nasal sprays in the workplace will likely question the legal ramifications related to their administration, particularly in the event the drug is given to someone who is not in fact overdosing on opioids. While the laws are far from uniform, notably, all fifty states and the District of Columbia recognize either a Good Samaritan law, a naloxone access law (which protects individuals who administer naloxone), or both. Many jurisdictions, such as Colorado, expressly protect employers from liability related to emergency aid provided by employees in good faith. Also, importantly, the naloxone nasal sprays will not harm someone who is given the drug but is not in fact suffering an opioid overdose—the only impact is to reverse an opioid overdose, and it will have no effect on someone who is not overdosing on opioids.

Key Takeaways

For now, with regard to stocking nonprescription naloxone nasal spray in the workplace, employers may want to note the following:

  • The FDA has approved three naloxone nasal sprays for use without a prescription.
  • The CDC and NSC both strongly recommend that employers set up naloxone protocols.
  • Currently, there are no specific OSHA standards addressing opioid overdose and naloxone administration.
  • All fifty states and the District of Columbia have Good Samaritan and/or naloxone access laws that generally shield employers from liability with regard to naloxone administration.
  • The FDA-approved nonprescription naloxone nasal sprays will not harm someone who is given the drug but is not suffering an opioid overdose.

Ogletree Deakins’ Drug Testing Practice Group and Workplace Safety and Health Practice Group will continue to monitor developments and will provide updates on the Drug Testing and Workplace Safety and Health blogs as additional information becomes available.

 

This article was drafted by the attorneys of Ogletree Deakins, a labor and employment law firm representing management, and is reprinted with permission. This information should not be relied upon as legal advice.

OSHA Issues COVID-19 Guidance for the Oil and Gas Industry

Posted on by justin

One of OSHA’s benchmarks for protecting employees from COVID-19 requires employers to assess their workplaces and determine whether job tasks place their employees at one of four levels of risk exposure: very high, high, medium, and lower risk. The agency recommends that employers conduct a hazard assessment to identify whether and how often workers may be in close contact (i.e., within six feet) to coworkers, supervisors, or other individuals at the job site.

The good news for the oil and gas industry is that OSHA does not anticipate a very high or high risk of exposure. According to the guidance, “[m]ost oil and gas drilling, servicing, production, distribution, and/or processing tasks are associated with lower or medium exposure risks.”  Examples of oil and gas work activities with a medium or lower risk include the following:

Medium-Risk Activities

  • “Oil and gas drilling, servicing, production, distribution, and/or processing tasks that require frequent close contact (within 6 feet) with coworkers, contractors, customers, or the general public.
  • Work in “frequent high-traffic areas,” such as control rooms, trailers, and doghouses.
  • “Traveling within facilities or between facilities when workers must share vehicles.”

Low-Risk Activities

  • “Oil and gas drilling, servicing, production, distribution, and/or processing tasks that do not require frequent close contact with other coworkers, contractors, customers, or the public.”
  • “Performing duties in non-public areas of oil and gas production and/or processing facilities, away from other workers or the public.”

Use Cloth Face Coverings

Regardless of the exposure risk level, OSHA advocates that all workers in the oil and gas industry wear cloth face coverings. The agency also recommends that workers wear face coverings “in common areas such as the drill deck, doghouse, control rooms, and office spaces in the trailers.”

Controls to Mitigate Medium Risk Activities at the Worksite

OSHA emphasizes social distancing as the primary method of mitigating worker exposure to COVID-19. This includes a recommendation to “[c]onfigure communal work environments (such as control rooms, jobsite trailers and/or doghouses) so that workers are spaced at least six feet apart, if possible.” If the nature of work makes social distancing infeasible, then the use of physical barriers between workers (such as strip curtains, plexiglass, or other impermeable dividers or partitions) are acceptable, so long as the barrier “does not create additional safety hazards (e.g., reduced visibility in/around work vehicles or other equipment).”

OSHA recommends that employers pay special attention to pedestal or hard-mounted fans to ensure they do not blow air directly from one employee to another. The agency also suggests that personal cooling fans be removed from the worksite to help reduce the spread of COVID-19.

Other suggestions from OSHA include the following:

  • Stagger shifts and break times, when possible, “to avoid congregations of workers in parking areas, locker and shower rooms, smoking areas, control rooms and other common areas.”
  • “Encourage … single-file movement with six feet between each worker through the facility/site, where possible.”
  • Utilize floor markings or signs (such as those used by supermarkets) to remind employees to maintain social distancing
  • “Designate workers to monitor and facilitate distancing.”
  • “Limit the number of personnel allowed in doghouses, control rooms, and other operating areas.”
  • “Limit meeting sizes and/or hold meetings virtually or using social distancing outside, if possible.”
  • “Remove or rearrange chairs and tables, or add partitions to tables, in break rooms, control rooms, and other areas workers may frequent to increase worker separation.”
  • “Identify alternative areas to accommodate overflow volume, such as training and conference rooms, or using outside tents for shaded break and lunch areas.”

Carpooling or Use of Company Vehicles

Under the guidance, employers should “[e]ncourage workers to avoid carpooling to and from work and job sites, when possible.  However, this can be a challenge due to the nature of the oilfield industry, which often requires employees to travel to worksites far away from their homes. For example, traveling to a worksite 100 miles from a local yard is not uncommon for oilfield work in West Texas. Recognizing this reality, OSHA recommends the vehicle’s windows remain open to circulate air. The agency also suggests the following:

  • Wear cloth face coverings.
  • “Limit the number of people per vehicle as much as possible.”
  • “Encourage cohorting (grouping together) of workers to keep exposure groups as small as possible.”
  • “[M]aintain social distancing as much as possible.”

“[P]ractice proper hand hygiene, such as hand washing or, if soap and water are not readily available, use hand sanitizer that contains at least 60% alcohol, before entering the vehicle and when arriving at the destination.”

  • “Clean and disinfect commonly touched surfaces after each carpool or shuttle trip (e.g., door handles, handrails, [and] seatbelt buckles).”
  • “Encourage workers to follow coughing and sneezing etiquette when in the vehicle.”

Takeaways

  • Although the OSHA guidance did not mention the importance of daily COVID-19 prescreening efforts such as questionnaires and temperature checks, oil and gas employers may want to adopt these control methods.
  • Employers may want to ensure that daily cleaning includes regular disinfectant cleaning of oilfield equipment (such as tongs) and tools.
  • OSHA’s recommendations mean that oil and gas employers may need to intensify their heat illness prevention efforts this summer. The removal of personal fans and use of face coverings increases the heat load on employees. Among other things, oilfield employers may want to consider increasing the frequency of water breaks and bringing extra water to the worksite. In addition, employers may want to discontinue the use of common water dispensers, such as iced-down five-gallon coolers, and replace them with bottled water.
  • Rolling down the windows on the crew truck when driving to a location may not be a bad idea when temperatures cool down later this year, but for now employers may want to take into consideration the heat and often-dusty conditions in places like West Texas, where the heat index can soar above 110 degrees Fahrenheit. Most crews would presumably opt to keep the air conditioning on, and wear face coverings in the crew truck.
  • Partitions on the work floor may pose issues for employers. Crews and oilfield equipment (tongs, for example) frequently move around the work floor. Given the nature of the work, plexiglass partitions likely cannot be bolted into fixed positions on the work floor and could present a hazard. Strip curtains are an interesting idea, seemingly borrowed from OSHA’s meatpacking guidance. But where do employers hang them on a drilling or well servicing rig?
  • Oil and gas employers can focus their prevention efforts on universal precautions, such as promoting hand washing, practicing social distancing as much as possible, and when social distancing is not feasible, requiring the use of face coverings (subject to exceptions).

 

This article was drafted by the attorneys of Ogletree Deakins, a labor and employment law firm representing management, and is reprinted with permission. This information should not be relied upon as legal advice.
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