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OSHA 1910.38

Emergency action plan requirements

1910 Subpart E

20 Questions & Answers
10 Interpretations

Questions & Answers

Under 1910.38(a), when must an employer have an emergency action plan?

An employer must have an emergency action plan whenever an OSHA standard in 29 CFR part 1910 requires one. For practical purposes, that means if any specific OSHA rule applying to your workplace calls for an emergency action plan, you must adopt a plan that meets the requirements in 1910.38(a).

Under 1910.38(b), does a small employer have to put the emergency action plan in writing?

No — an employer with 10 or fewer employees may communicate the emergency action plan orally instead of in writing. Larger employers must keep a written plan that is kept in the workplace and available for employees to review, as required by 1910.38(b).

Under 1910.38(c)(1), what must my plan include about reporting a fire or other emergency?

Your plan must include clear procedures for reporting a fire or other emergency so employees know exactly how to notify others and summon help. Describe who to call, how to activate the alarm or communication system, and any internal notification steps in accordance with the minimum element in 1910.38(c)(1).

Under 1910.38(c)(2), what should be in the emergency evacuation procedures?

Your emergency action plan must describe procedures for emergency evacuation, including the type of evacuation (e.g., immediate, delayed, shelter-in-place) and specific exit route assignments. Include primary and alternate routes, where to assemble, and responsibilities for leading or checking routes as required by 1910.38(c)(2).

Under 1910.38(c)(3), what guidance must we give employees who stay to operate critical plant operations before evacuating?

Your plan must state the procedures that employees who remain to operate or shut down critical plant operations must follow before evacuating. This should include what tasks are required, who is authorized to stay, how long they may remain, and the safe sequence for securing equipment, consistent with 1910.38(c)(3).

Under 1910.38(c)(4), how can employers account for all employees after an evacuation?

Employers must include procedures to account for all employees after evacuation, such as designated assembly areas and roll-call procedures or electronic check-in systems. The plan should identify who is responsible for taking attendance and how missing employees will be reported, as required by 1910.38(c)(4).

Under 1910.38(c)(5), what must be included for employees performing rescue or medical duties?

The plan must include the procedures that employees assigned rescue or medical duties will follow, including scope of duties, training requirements, and any personal protective equipment or medical supplies they must use. Spell out who is authorized and how to request additional medical support, per 1910.38(c)(5).

Under 1910.38(c)(6), what information must the plan provide about who employees can contact for more information?

The plan must list the name or job title of every employee who may be contacted by those needing more information or clarification about the plan or their duties under it. You may list specific names and/or job titles so employees know exactly who to ask, as required by 1910.38(c)(6).

Under 1910.38(d), what are the key features required of an employee alarm system?

An employer must have and maintain an employee alarm system that uses a distinctive signal for each purpose and that meets the requirements of 1910.165, as stated in 1910.38(d). Ensure signals are recognizable, reliable, and tested regularly so employees can distinguish alarms (for example, fire vs. evacuation vs. shelter-in-place).

Under 1910.38(e), who must be designated and what training is required for evacuation assistants?

You must designate and train employees to assist in a safe and orderly evacuation of others. Training should cover their specific duties (e.g., assisting individuals with disabilities, directing traffic to exits, using evacuation devices), proper use of alarm/communication systems, and any safety precautions, as required by 1910.38(e).

Under 1910.38(f), when must an employer review the emergency action plan with employees?

An employer must review the emergency action plan with each covered employee when the plan is developed or the employee is first assigned to a job, when the employee's responsibilities under the plan change, and when the plan itself changes, as specified in 1910.38(f) and its subsections 1910.38(f)(1)-(3).

Under 1910.38(b), where must the written emergency action plan be kept and who may review it?

The written emergency action plan must be kept in the workplace and available for employees to review. Make it accessible during work hours—such as in a break room, safety office, or electronically—so employees can consult it as needed, per 1910.38(b).

Under 1910.38(d) and 1910.165, how often should alarm systems be tested or inspected?

The standards require employers to maintain an employee alarm system and comply with the requirements in 1910.165; as part of that obligation, alarm systems must be inspected, tested, and maintained so they remain reliable and distinctive for each purpose. Follow the inspection and testing intervals and procedures specified in 1910.165 to ensure ongoing compliance with 1910.38(d).

Under 1910.38(c)(2), can exit route assignments be changed daily or must they be fixed?

Exit route assignments can be updated as needed but must be clear to employees in the plan; they do not have to be permanently fixed if operational conditions change. If you change assignments, you must review the plan with affected employees per 1910.38(f)(2). The evacuation procedures and exit assignments themselves must meet the minimum requirements in 1910.38(c)(2).

Under 1910.38(c)(3), who decides which employees may remain to operate critical plant operations before evacuating?

The employer decides and must identify in the plan which employees are authorized to remain to operate or shut down critical operations; those decisions and duties must be documented in the plan per 1910.38(c)(3). Ensure these employees receive appropriate training and protections for those duties.

Under 1910.38(c)(4), are head counts the only acceptable method to account for employees after evacuation?

No — the standard requires procedures to account for employees but does not mandate a single method. You may use head counts, signed check-in sheets, electronic accountability systems, or another reliable method, provided the process is described in the plan and satisfies 1910.38(c)(4).

Under 1910.38(e), does OSHA require a specific number of trained evacuation assistants?

No — OSHA requires that employers designate and train employees to assist in a safe and orderly evacuation, but it does not specify a required number. The employer must determine how many assistants are appropriate given workplace size, layout, number of employees, and hazards, consistent with 1910.38(e).

Under 1910.38(b), can a written emergency action plan be stored electronically for employee review?

Yes — the written plan must be kept in the workplace and available to employees for review; keeping an easily accessible electronic copy in the workplace (for example on a shared computer or intranet) satisfies that requirement so long as employees can access it during work hours, per 1910.38(b).

Under 1910.38(f)(3), what triggers a required review of the emergency action plan with employees?

When the employer changes the emergency action plan, the employer must review the updated plan with each employee covered by it. This ensures employees understand the new procedures and is required by 1910.38(f)(3).

Under 1910.38(d) and 1910.165, must alarm signals be different for fire and other emergencies?

Yes — the employee alarm system must use a distinctive signal for each purpose so employees can instantly recognize the type of emergency, and the system must comply with the requirements of 1910.165, as stated in 1910.38(d).