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Call 911 first. At a construction site or any other workplace, an overdose Good Samaritan law may protect the person experiencing the overdose and the person who seeks emergency help from specific drug-related criminal penalties. It does not create one nationwide immunity, excuse unsafe entry into a contaminated area, guarantee protection from every civil claim or employment consequence, or automatically authorize every employee to administer naloxone. The controlling rules are the current laws where the worksite is located, the facts of the incident, and the employer’s emergency policy.
If naloxone is available and an opioid overdose is suspected, a trained responder may give it while waiting for emergency medical services, where state law and workplace policy allow. Naloxone is not a universal antidote and never replaces 911 or professional care.
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What a Good Samaritan law does in an overdose at work
Overdose-specific Good Samaritan provisions are designed to remove a reason someone might hesitate to call for help. Depending on the jurisdiction, protection can apply to the person overdosing, the caller, another helper, or a person who administers naloxone. The protection usually covers only specified consequences, such as possession of a small amount of a drug or drug paraphernalia discovered because emergency help was requested.
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These laws are state or local measures, not a single federal workplace rule. CDC describes protections as existing in “most states,” which is not the same as every state. A caller should not assume that a statute covers sales, distribution, outstanding warrants, weapons offenses, probation or parole violations, immigration consequences, civil liability, or an employer’s disciplinary policy. The precise trigger may include calling 911, acting in good faith, remaining at the scene, identifying oneself, or meeting other statutory conditions.
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The law also may be separate from rules governing naloxone administration. Immunity for a caller from a possession charge does not, by itself, answer whether a nonlicensed worker may administer naloxone, what training is required, or what liability protection applies to that act.
What to do when an overdose is suspected on a jobsite
Use the site’s emergency-response plan, but do not delay the emergency call while trying to settle a legal question. CDC/NIOSH states: Call 911 immediately for any suspected overdose.
Construction sites require an additional scene-safety check because a responder may encounter chemical residues, confined spaces, energized equipment, traffic, falls, or other hazards at the same time as the medical emergency.
- Make the area safe enough to assess. Keep people away from machinery, traffic, heights, electrical hazards and spills. Do not enter an area where drug powders or residues could expose you. If the location is unsafe, isolate it and wait for professional responders.
- Call 911 and give the exact location. State the project address, building or elevation, access gate, nearest landmark, and a callback number. Tell the dispatcher that an overdose is suspected and report breathing problems, unconsciousness, known substances and hazards without delaying the call.
- Follow dispatcher instructions. If the person is not breathing normally, the dispatcher may direct rescue breathing or CPR. Use appropriate barriers and PPE. Do not put yourself at risk of exposure.
- Use naloxone if it is available, you are trained, and the law and employer policy permit it. Follow the product directions. Naloxone can reverse opioid effects, but a person who appears to improve still needs EMS evaluation because the overdose can return or involve another substance.
- Stay with the person when it is safe. Send a designated employee to meet the ambulance and keep access clear. Provide responders with the timing of symptoms, naloxone doses, other first aid and possible substances.
CDC emphasizes the reason for the immediate call: For this reason, call 911 immediately for every overdose situation.
The statement appears in guidance explaining that naloxone does not address every overdose and that emergency care remains necessary.
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How protection varies from one jurisdiction to another
Before relying on a Good Samaritan provision, identify the law that applies at the actual worksite. A project may involve a general contractor, subcontractors and workers who live in different states, but the relevant statute is normally the jurisdiction where the emergency occurred. Local ordinances, state administrative rules, and changes enacted after an employer’s policy was written can matter.
| Question to check | Why it matters |
|---|---|
| Who is protected? | Some provisions protect the overdose victim, the caller, a helper, a naloxone administrator, or more than one of these people. |
| What starts protection? | Coverage may depend on making a 911 or EMS call, acting in good faith, being the first caller, remaining at the scene, or identifying yourself. |
| What conduct is covered? | A statute may protect only the act of seeking emergency help or administering naloxone, not unrelated conduct discovered during the response. |
| What consequence is covered? | Protection may address specified criminal possession charges, civil liability, supervision violations, or a combination. Each category must be verified separately. |
| Are there separate naloxone rules? | State law may authorize or restrict administration by a nonlicensed person, prescribe training or dispensing rules, or provide a distinct immunity. |
| What does the employer policy require? | Even when state law permits assistance, the site may limit who responds, require PPE and training, or set reporting and documentation procedures. |
Because the title does not identify a state, no responsible article can give a fifty-state answer. Employers should have counsel or a qualified compliance professional verify the current statute and any applicable rules before adopting or revising a program.
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Historical national figures—and their limits
The U.S. Department of Labor’s July 2026 workplace toolkit reports counts at stated historical cutoffs, not a verified 2026 fifty-state inventory. According to the toolkit:
| Protection described by the toolkit | Reported count | Cutoff identified by DOL |
|---|---|---|
| Protection from criminal liability for possession of small amounts of drugs or paraphernalia when calling emergency services about an apparent overdose | 46 states and the District of Columbia | 2022 |
| Protection from community-supervision violations | 24 states | 2022 |
| Criminal-liability protection for naloxone administration | 39 states and the District of Columbia | 2022 |
| Civil-liability protections | All but two states, as described by the toolkit | 2022 reference in the toolkit |
| “Bad Samaritan” laws requiring citizens to offer emergency assistance | Three states: Minnesota, Rhode Island and Vermont | 2020 |
The figures show why the phrase “Good Samaritan law” is too broad for a workplace decision. They do not establish what a particular state’s current statute says, whether a condition has been met, or whether an employer’s policy imposes additional limits.
What CDC workplace guidance asks employers to plan
CDC/NIOSH Publication 2019-101 treats naloxone as one element of an employer’s emergency-response planning rather than a stand-alone purchase. The guidance identifies questions an employer should answer before a program begins:
- Does state law allow a nonlicensed person to administer naloxone?
- What liability rules apply to the administration and to other first aid?
- Does the jurisdiction’s Good Samaritan law cover naloxone administration, and under what conditions?
- Who is willing, trained and available to respond on each shift, crew and remote work area?
- Can a responder reach the scene without entering an unsafe area?
These are planning considerations, not a claim that every employer is legally required to maintain a naloxone program. A construction company should integrate the answers into its existing emergency plan, site orientation and subcontractor coordination rather than relying on an informal assumption that someone will respond.
Assign roles before an incident
Name the person who calls 911, the person who retrieves the first-aid or naloxone kit, the person who guides EMS through gates and security, and the person who controls hazards and preserves access. On changing projects, list a primary and backup for each role. Make the instructions usable by a new worker who does not know the site layout.
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Train for recognition, communication and hazards
Training should cover signs of a suspected overdose, the 911 procedure, naloxone use if permitted, CPR or rescue-breathing expectations, powder and residue hazards, glove and barrier use, and when to wait for professionals. Refresher training is especially important when crews, shifts or project locations change.
Stock and inspect supplies
Over-the-counter naloxone nasal spray is available in all 50 states, according to CDC. Availability does not make a purchase a compliance program or create immunity. Keep any product according to its labeling, check expiration dates and package integrity, record replenishment, and place kits where a trained responder can reach them without entering a hazard. Stock gloves, eye protection and rescue barriers appropriate to the site’s risk assessment.
What naloxone can and cannot do
Naloxone can rapidly reverse an opioid overdose. It does not reverse overdoses caused by non-opioid drugs, and a person may have taken more than one substance. A second dose may be needed under the product instructions, and the person can become unresponsive again after an initial improvement. Those limitations are why 911 is required for every suspected overdose and why the responder should continue monitoring the person until EMS takes over.
Do not use the possibility of naloxone as a reason to postpone evacuation, exposure control or emergency access. If a powder, liquid or unknown residue is present, do not touch it or attempt cleanup during the medical response. Tell dispatch and arriving responders about the suspected material.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.North Carolina example: conditional statutory immunity
North Carolina General Statutes § 90-96.2 demonstrates how detailed a state law can be; it is not a nationwide template. The statute defines a drug-related overdose and conditions immunity on requirements that include seeking medical assistance through 911, law enforcement or EMS; acting in good faith with a reasonable belief that the person was the first to call; and providing the caller’s name to 911 or law enforcement on arrival. The statute states: The person acted in good faith when seeking medical assistance, upon a reasonable belief that he or she was the first to call for assistance.
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Its immunity applies to offenses enumerated in that statute. A North Carolina employer must check the currently effective statutory text and relevant administrative rules, then determine how those provisions interact with workplace policy. Employers in another state cannot transfer these conditions to their own worksites.
Separate the legal questions after an emergency
One incident can raise several legal issues, and a Good Samaritan provision may answer only one of them.
- Criminal exposure: Does the statute protect specified possession offenses discovered because help was requested? Are exclusions or conditions satisfied?
- Naloxone authority: Was the administrator legally permitted to give the medication, and were any standing-order, training or product rules followed?
- Civil liability: Does a separate immunity protect reasonable emergency assistance, and does it exclude gross negligence or willful misconduct?
- Employment and safety policy: Does the employer’s policy require reporting, testing, investigation, PPE or removal from a hazard area? A statutory immunity does not rewrite those policies.
- Supervision conditions: Does the law address probation, parole or other community-supervision violations, and does it apply to this caller and conduct?
Do not promise a worker that calling 911 guarantees no arrest, lawsuit, discipline or other consequence. Give the caller immediate safety support, preserve the incident facts, and refer legal questions to qualified counsel with knowledge of the jurisdiction.
Documentation and review after the response
Once the person is in professional care and the scene is safe, follow the employer’s incident-reporting process. Record objective facts such as the time of the 911 call, who met EMS, observed symptoms, naloxone administration and hazards reported. Protect medical privacy and limit details to people who need them for safety, compliance or care. Do not investigate suspected drug possession during the emergency or encourage workers to delay calling while they debate possible consequences.
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Quick Recap
Questions to resolve before starting a workplace naloxone program
- Identify every state and local rule that applies to the worksite and confirm its effective date.
- Confirm whether nonlicensed employees may administer naloxone and what training or authorization is required.
- Determine exactly who receives immunity, which trigger conditions apply and which criminal, civil or supervision consequences are covered.
- Obtain employer, insurer and counsel review of the written emergency-response policy.
- Assign trained responders for each shift and remote area, with a clear 911-first procedure.
- Assess scene hazards and provide PPE, barriers and a safe method to guide EMS.
- Choose a naloxone product, store it according to its labeling, inspect stock and plan replacement.
- Train workers to recognize a suspected overdose, call 911, use naloxone when authorized, and wait for EMS.
- Provide a confidential reporting and post-incident review process.
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