The United States — and its workplaces — continue to contend with the ongoing opioid crisis. In 2024, overdoses accounted for nearly one in 10 worker fatalities. Retailers, whose stores and facilities are open to the public, are directly impacted and want to be part of the solution. One step to help alleviate this problem is for Congress to provide blanket Good Samaritan protection for those using or attempting to use naloxone, a drug that can be used to reverse opioid-related overdoses.
Naloxone can be easily used by bystanders, and employers have made it available to assist in efforts to reduce opioid overdoses. Unfortunately, the administration of naloxone by bystanders is far too uncommon. Centers for Disease Control data from 2022 shows that two-thirds of deadly overdoses had one or more potential bystanders present, but naloxone was administered only 30% of the time, usually by EMT personnel.
Another study from the JAMA Network Open found that from June 2020 to June 2022, only 3.4% of the 744,078 naloxone recipients studied received the drug from a layperson.
Naloxone administration, especially when paired with withdrawal medication, has proven to be effective. In 2022, the peer-reviewed journal Annals of Emergency Medicine published an article that showed a person who was resuscitated with naloxone following an overdose and then received buprenorphine to address withdrawal symptoms is six times more likely to be in long-term addiction treatment within 30 days.
The National Retail Federation, in partnership with anti-drug advocacy groups like Mothers for Awareness & Prevention of Drug Abuse, is working to increase the availability of naloxone in public spaces. As retail stores are readily open to the public, opioid overdoses can occur at or near those facilities. It is not uncommon for users to leave their homes and families when seeking to use opioids. Retailers could be utilized as fixed locations for naloxone distribution. Retail employees and other bystanders could be just the life-saving laypersons needed to prevent fatal overdoses.
Many retail companies are already active in this area and are undertaking efforts to combat the opioid epidemic. Retail pharmacies have naloxone available behind the pharmacy counters of their stores and clubs, dispensing it upon request where permitted by state law. They also have naloxone available for purchase over the counter.
Despite these efforts, many retailers are cautious about making naloxone widely available for employee or bystander use due to liability concerns. Congress can address this by extending blanket Good Samaritan protections to individuals who administer naloxone in an emergency. If Congress were to do so, most retailers say they would be more likely to provide this medication in their facilities.
Many states already provide these protections, but federal action is needed. Congress has precedent: The federal Cardiac Arrest Survival Act (2000) granted similar liability protections for the emergency use of automated external defibrillators. The same logic should apply to naloxone, consistent with recommendations from NIH, AMA and the American Psychiatric Association.
"About half (45%) of retail and distribution center employees are already very familiar with emergency medication used to reverse the effects of an opioid overdose and say they have seen them administered or have administered themselves."
A recent NRF survey found that retail employees are disproportionately affected by the ongoing opioid epidemic. About half (45%) of retail and distribution center employees are already very familiar with emergency medication used to reverse the effects of an opioid overdose and say they have seen them administered or have administered themselves. This compares with only 10% of those who have never worked in retail or distribution centers.
Retailers stand ready to increase access to naloxone in stores and facilities across the country. What’s missing is the assurance that those who act in good faith will be protected. Congress has the opportunity to save lives by extending Good Samaritan protections to naloxone use.
