Emergency action plan requirements

Yes — any workplace that is required by a particular OSHA standard to have an emergency action plan must have one, and it must be in writing except for a small-employer exception. The rule states that 1926.35 applies to all emergency action plans required by a particular OSHA standard and that the plan shall be in writing except as provided in 1926.35(e)(3). See Scope and application in 1926.35(a) and the small-employer exception in 1926.35(e)(3).

The plan must include six basic elements: emergency escape procedures and assigned escape routes; procedures for employees who remain to operate critical plant operations before evacuating; procedures to account for all employees after evacuation; designated rescue and medical duties; the preferred means of reporting fires and other emergencies; and the names or regular job titles of persons or departments who can be contacted for more information. See the list of required elements in 1926.35(b) and the individual subparagraphs such as 1926.35(b)(1) through 1926.35(b)(6).

You must establish an employee alarm system that complies with OSHA’s alarm requirements and use distinctive signals when the same system is used for different purposes. Specifically, the employer shall establish an employee alarm system that complies with 1926.159 and, if the system is used to alert fire brigade members or for other distinct purposes, a distinctive signal must be used for each purpose per 1926.35(c)(2). See Alarm system: 1926.35(c).

You must identify and establish the types of evacuation that will be used under different emergency circumstances. The standard requires the employer to establish in the emergency action plan the types of evacuation to be used in emergency circumstances (for example, full building evacuation, partial or staged evacuation, vertical or horizontal evacuation), as stated in 1926.35(d).

You must designate and train a sufficient number of people to assist in the safe and orderly emergency evacuation before you implement the plan. The rule requires the employer to designate and train a sufficient number of persons to assist in evacuation per 1926.35(e)(1). For guidance on training content and frequency in first-aid and CPR topics that may be part of those duties, see OSHA’s interpretation about CPR and retraining at https://www.osha.gov/laws-regs/standardinterpretations/2023-02-23.

You must review the plan with each covered employee initially when the plan is developed, whenever the employee’s responsibilities under the plan change, and whenever the plan itself is changed. The standard specifies these three required review times in 1926.35(e)(2) and its subparts 1926.35(e)(2)(i), 1926.35(e)(2)(ii), and 1926.35(e)(2)(iii).

Yes — the written emergency action plan must be kept at the workplace and made available for employee review, but employers with 10 or fewer employees may communicate the plan orally and are not required to maintain a written plan. See the requirement to keep the written plan at the workplace in 1926.35(e)(3) and the small-employer exception in that same paragraph.

The plan must include clear procedures for employees who will remain to operate or shut down critical plant operations before they evacuate. Specifically, 1926.35(b)(2) requires you to document those procedures so employees know what actions are expected, how to do them safely, and when to stop operations and evacuate.

You must include procedures in the plan to account for all employees after an evacuation, such as designated assembly areas, a roll call procedure, and assigned personnel to check specific areas. The standard requires these procedures in 1926.35(b)(3). Practical methods include supervisors taking attendance at an assembly point or using sign-in/out logs and a predefined accounting method to confirm everyone is safe.

The plan must identify the rescue and medical duties assigned to employees who are to perform them and ensure those employees are prepared to carry out those duties. 1926.35(b)(4) requires you to document who will perform rescue and medical tasks and what they must do. For topics like CPR and first aid training that may be part of those duties, note that OSHA has guidance on CPR retraining and when standards require first-aid training; see OSHA’s interpretation at https://www.osha.gov/laws-regs/standardinterpretations/2023-02-23.

The plan must specify the preferred means of reporting fires and other emergencies (for example, calling 911, activating a fire alarm, radio contact, or notifying a designated person). 1926.35(b)(5) requires you to document the preferred reporting method so employees know exactly how to report an emergency quickly and reliably.

The plan must include the names or regular job titles of the persons or departments who can be contacted for further information or explanation of duties under the plan. 1926.35(b)(6) requires you to list those contact points so employees know who to ask about the plan or their roles during an emergency.

Employee alarm systems established under 1926.35 must comply with OSHA’s alarm system standard in 1926.159. See 1926.35(c)(1) which explicitly requires that the employer’s alarm system comply with 1926.159.

The alarm system used to alert employees must meet the requirements set out in 1926.159, which address an employee alarm system’s reliability, audibility/visibility, and suitability for the workplace and hazards. Employers must implement a system that can be heard or seen throughout the work area, is dependable when needed, and is appropriate for the types of emergencies anticipated; see 1926.159 and the cross-reference in 1926.35(c)(1).

Employers with 10 or fewer employees may communicate the emergency action plan orally and are not required to maintain a written plan. 1926.35(e)(3) allows small employers to use oral communication instead of a written plan, although the employer must still review the relevant parts of the plan with employees upon initial assignment.

You must review the plan with employees at the three trigger points the standard describes: initially when the plan is developed, whenever an employee’s responsibilities change, and whenever the plan changes. 1926.35(e)(2) specifies those review times but does not set a fixed calendar interval for routine retraining. For related topics such as CPR retraining frequency, OSHA has explained that while it recommends regular retraining, the frequency is not universally mandated outside of specific standards; see OSHA’s interpretation at https://www.osha.gov/laws-regs/standardinterpretations/2023-02-23.

You must document who is responsible for emergency duties and make the plan available so all employers and workers on site understand roles and reporting lines. Include contact titles and procedures in the plan per 1926.35(b)(6) and ensure the plan’s hazard controls and responsibilities are coordinated among employers. OSHA has also advised that when multiple work parties share a site, employers should assess hazards and coordinate protections—which is consistent with OSHA guidance on workplace hazard assessment and multi-employer situations found in the PPE and hazard assessment interpretation at https://www.osha.gov/laws-regs/standardinterpretations/2024-03-28.

No — if the same alarm system is used to alert different response groups or purposes, the signals must be distinctive for each purpose. 1926.35(c)(2) requires a distinctive signal for each purpose when the employee alarm system is used for alerting fire brigade members or for other distinct purposes.

The 1926.35 text requires that the written plan be kept at the workplace and be made available for employee review, but it does not explicitly require training records. See 1926.35(e)(3) for the written-plan requirement. However, other OSHA standards do require written certification or records for specific programs (for example, PPE hazard assessment certification under 29 CFR 1910.132), and OSHA’s interpretation about PPE hazard assessments explains those record requirements; see https://www.osha.gov/laws-regs/standardinterpretations/2024-03-28. Employers may choose to keep training records as a best practice and to document compliance with the review requirements in 1926.35(e)(2).

You must make the plan and training understandable and usable by all covered employees by assigning specific, clear duties and providing training or assistance as needed. 1926.35(a) requires the plan to cover designated actions to ensure employee safety, and 1926.35(e)(3) requires review of the parts employees must know. Practically, that means you should assign assistance roles, use accessible alarms and signage, and provide training or translation so employees with disabilities or limited English proficiency understand evacuation procedures.