Updated November 8, 2026. This article was first written in late March 2025. The legal points reflect California law at that time, including AB 1976, which took effect January 1, 2025. Medical response steps are drawn from current California Department of Public Health (CDPH) guidance, which was checked for this update. The “Current context” section notes what to recheck. This is general information, not medical or legal advice. In an emergency, call 911.
A medical emergency nobody plans for
Most bar and restaurant safety training focuses on alcohol: checking IDs, spotting intoxication, cutting off service, and getting guests home. But hospitality workers may also encounter a guest who is unresponsive in a restroom, slumped at a table, or struggling to breathe after taking something other than alcohol. CDPH notes that fentanyl is often mixed into other drugs without people knowing, and that mixing drugs, especially with alcohol, raises the risk of overdose.
Managers cannot control what guests take before they arrive. They can prepare staff to respond quickly and calmly. This guide covers what California law said in early 2025 about naloxone in the workplace, the legal protections for people who help, and a practical response plan.
AB 1976: naloxone and workplace first aid
Assembly Bill 1976, signed September 27, 2024, added Labor Code section 6723. It requires the Division of Occupational Safety and Health (Cal/OSHA), before December 1, 2027, to submit a draft rulemaking proposal to revise California’s first aid regulations to require first aid materials in workplaces to include naloxone hydrochloride or another FDA-approved opioid antagonist, along with instructions for using it. Cal/OSHA must also consider and give employers guidance on proper storage according to the manufacturer’s instructions. The Occupational Safety and Health Standards Board must consider adopting revised standards on or before December 1, 2028.
In other words, AB 1976 did not immediately require naloxone in every restaurant first aid kit. It started a rulemaking process with deadlines years away. Employers who want to prepare now can do so voluntarily.
Legal protection for people who help
California law already protected good-faith helpers before AB 1976. Health and Safety Code section 1799.113, effective January 1, 2024, says a person who, in good faith and not for compensation, renders emergency treatment at the scene of an opioid overdose or suspected overdose by administering an opioid antagonist is not liable for civil damages resulting from an act or omission related to that treatment. The same protection applies to a person who furnishes an opioid antagonist for use at the scene. The protection does not apply to gross negligence or willful or wanton misconduct.
For hospitality workers, an important detail is in subdivision (c): a person who is not compensated for giving naloxone, but who receives compensation for unrelated employment, is not considered to be acting “for compensation.” A bartender paid to tend bar who gives naloxone to a guest is not being paid to provide emergency care.
AB 1976’s new section 6723(d) expressly confirms that a person who administers naloxone or another FDA-approved opioid antagonist in a suspected opioid overdose emergency is not liable for civil damages as provided in section 1799.113 if its conditions are met.
Recognizing a possible opioid overdose
CDPH’s signs of overdose page says an opioid overdose usually involves trouble breathing or not breathing at all, and the person may be unconscious or not responding. CDPH lists signs including:
- Small, constricted “pinpoint” pupils.
- Limp body.
- Falling asleep or losing consciousness.
- Choking or gurgling sounds.
- Slow, weak, or no breathing.
- Cold or clammy skin.
- Discolored skin, such as blue or gray lips or nails.
In a bar, some of these signs can resemble heavy intoxication. CDPH also lists signs of mixing depressants such as opioids, benzodiazepines, or alcohol: slow or shallow breathing, weak pulse, confusion, and passing out. CDPH’s advice is that if you are not sure, treat it like an overdose.
CDPH’s response steps
CDPH’s guidance lists what to do:
- Give naloxone and call 911.
- If needed, give a second dose with a new naloxone container after 2 to 3 minutes.
- Keep the person breathing and awake, if possible.
- If the person is not breathing and you are trained, perform rescue breathing or CPR.
- Lay the person on their side to prevent choking.
- Stay with the person until 911 responders arrive.
CDPH says naloxone should be given even if you are not sure what drug was taken, because the person may have unknowingly taken an opioid such as fentanyl. CDPH also notes naloxone does not reverse the effects of stimulants or non-opioid sedatives such as xylazine, which is one reason calling 911 is always part of the response.
Naloxone availability and storage
CDPH’s over-the-counter naloxone page says two naloxone nasal sprays are available without a prescription and can be bought at pharmacies, grocery and convenience stores, gas stations, or online. CDPH says training is not required to buy over-the-counter naloxone, though it is recommended, and that CDPH recommends naloxone be available in places including restaurants, bars, nightclubs, workplaces, and events.
On storage, CDPH says naloxone should be kept at room temperature, between 68°F and 77°F, away from sunlight, and that shelf life is usually two to three years, though heat or freezing may shorten it. CDPH says there is no need to lock it up, but it should be kept in a safe, easy-to-access place. Behind a hot bar or in a car is not ideal.
Building a venue response plan
Decide whether to stock naloxone
Because AB 1976’s rulemaking was still years away in early 2025, stocking naloxone was a voluntary decision. Many venues may choose to stock it given CDPH’s recommendation. Talk with your insurer and counsel about your plan.
Choose a location and a checker
Store naloxone with the first aid kit in a known, accessible place. Assign a manager to check expiration dates monthly and replace used or expired units.
Train staff
Short training can cover recognizing an overdose, calling 911, giving nasal naloxone, placing the person on their side, and staying until responders arrive. Practice with trainer devices if available.
Assign roles
In an emergency, roles reduce confusion: one person calls 911 and gives the address, one retrieves naloxone and the first aid kit, one stays with the guest, and one meets responders at the door and keeps the area clear.
Check restrooms
Many overdoses happen in private spaces. Regular restroom checks during busy shifts, especially late at night, help staff find someone in trouble sooner.
What staff may see after naloxone
Staff should know what to expect after giving naloxone so they are not surprised. CDPH’s over-the-counter naloxone page says people with physical dependence on opioids may have withdrawal symptoms within minutes, which might include headaches, changes in blood pressure, rapid heart rate, sweating, nausea, vomiting, and tremors. CDPH says these symptoms, while uncomfortable, are usually not life threatening, and advises staying by the person’s side until emergency services arrive. CDPH’s signs of overdose page also notes that wakefulness may not always occur while an overdose is being reversed, so staff should check for breathing rather than waiting for the guest to wake up.
A guest who has just been revived may be confused, embarrassed, or agitated. Speak calmly, keep the area clear of onlookers, and do not serve the guest any alcohol. Let responders take over when they arrive.
Friends, bystanders, and privacy
Friends of the guest may panic or try to take the person outside. Staff should calmly encourage them to stay, share what they know about what the guest took with paramedics, and let responders do their work. Keep curious guests away and avoid filming or posting about the incident. A guest’s medical emergency is private, and staff should not discuss details on social media.
Connecting overdose response to responsible service
Responsible beverage service already teaches staff to watch guests closely. A guest who seems far more impaired than their drink count suggests may have taken something else, or may have been drugged. Our AB 2402 drink spiking article covers how RBS training is changing, and our cross-intoxication article discusses combined substances. Stop alcohol service to any guest who is obviously intoxicated, as required by section 25602, and never leave an unresponsive guest alone.
After an incident
Once the guest is in responders’ care, take care of staff. Witnessing an overdose can be upsetting. Give workers a chance to talk, offer breaks, and check in during following shifts. Document the incident factually: time, what staff observed, what actions were taken, and when responders arrived. Replace any naloxone used. Review the response with the team to identify what went well and what could improve.
A scenario on a late Friday
Near closing, a barback finds a guest slumped in a restroom stall, unresponsive, with slow breathing and blue-tinged lips. He shouts for help. The manager calls 911 while a bartender trained in naloxone retrieves the kit, gives a dose, and lays the guest on his side. When breathing has not improved after a few minutes, the bartender gives a second dose with a new device. Another server meets paramedics at the door. Afterward, the manager documents the incident, restocks naloxone, and checks in with the staff involved.
Post a one-page response card next to the first aid kit so anyone can follow the steps under pressure.
Frequently asked questions
Did AB 1976 require naloxone in bars immediately?
No. It required Cal/OSHA to submit a draft rulemaking proposal before December 1, 2027, and the Standards Board to consider revised standards by December 1, 2028.
Can a bartender be sued for giving naloxone?
Section 1799.113 protects good-faith helpers from civil damages, except for gross negligence or willful or wanton misconduct.
Is naloxone harmful if the person did not take opioids?
CDPH says naloxone has no effect if opioids are not present.
Current context as of November 8, 2026
AB 1976’s rulemaking deadlines are December 1, 2027 for Cal/OSHA’s draft proposal and December 1, 2028 for Standards Board consideration. Check Cal/OSHA’s rulemaking pages for progress before updating your first aid kits. CDPH’s overdose and naloxone pages were last updated after this article was first written; review them periodically for changes to recommended response steps.
The bottom line
An overdose response plan takes little time to build and can save a life. Know the signs, call 911, use naloxone without hesitation when an overdose is suspected, and stay with the guest until help arrives.
Prepare Staff for the Unexpected
Watchful service saves lives. ServeTrain’s ABC-approved online RBS course helps California servers and managers recognize impairment and respond responsibly. Before enrolling, register or log in to your RBS Portal account with ABC and confirm your chosen course appears in the portal’s training provider search.
Sources
- AB 1976 (2024), Labor Code 6723
- California Health and Safety Code 1799.113
- CDPH: Signs of Overdose (current guidance)
- CDPH: Over the Counter Naloxone (current guidance)
- California BPC 25602
This article is general information, not legal advice.
