Emergency action plans: what OSHA asks you to write down before the alarm
An emergency action plan is due whenever an OSHA standard calls for one (1910.38(a)); on a construction site, 1926.35 governs the plans that particular standards require. The plan is in writing, kept in the workplace and available to employees, except that an employer with 10 or fewer employees may communicate it orally (1910.38(b), 1926.35(e)(3)). It sets out how to report an emergency, how to evacuate and by which routes, who stays to run critical operations, how everyone is accounted for, who does rescue or medical duties and who to contact (1910.38(c)). A fire prevention plan follows the same pattern (1910.39). This hub covers both plans, the alarm, training, extinguishers and exits, for the plant and the jobsite.
Verified against the eCFR · November 12, 2026
At a glance
When a plan is due
Whenever an OSHA standard in Part 1910 requires one. In construction, 1926.35 applies to the plans particular standards require.
1910.38(a), 1926.35(a)Written or oral
In writing, kept in the workplace and available to employees. An employer with 10 or fewer employees may communicate it orally.
1910.38(b)Six elements at a minimum
Reporting, evacuation and exit routes, critical operations, accounting for everyone, rescue and medical duties, contacts.
1910.38(c)An alarm with distinct signals
An employee alarm system with a distinctive signal for each purpose.
1910.38(d), 1926.35(c)People trained to help
Employees designated and trained to assist in a safe and orderly evacuation.
1910.38(e), 1926.35(e)(1)When the plan is reviewed
With each covered employee when the plan is developed or the employee starts, when their duties change and when the plan changes.
1910.38(f), 1926.35(e)(2)Do you need a plan, and in what form?
| Your situation | What the rule says | Paragraph |
|---|---|---|
| A standard in Part 1910 requires an emergency action plan for your operation | A plan meeting 1910.38, with the six elements at a minimum. | 1910.38(a), (c) |
| Everyone evacuates when the fire alarm sounds, and no extinguishers are there for employees to use | The extinguisher section doesn't apply if a written fire safety policy with an emergency action plan and a fire prevention plan is in place, unless another standard requires extinguishers. | 1910.157(b)(1) |
| Ten or fewer employees | The plan may be communicated orally instead of written. | 1910.38(b), 1910.39(b) |
| Employees are given extinguishers to use | An education program on extinguisher use and incipient stage fire fighting, at initial employment and at least annually. | 1910.157(g)(1), (g)(2) |
| Some employees are designated to use firefighting equipment under the plan | Training in that equipment on initial assignment and at least annually. | 1910.157(g)(3), (g)(4) |
| A construction site | A fire protection and prevention program through all phases of the work, and a 1926.35 plan where a particular standard requires one. | 1926.24, 1926.35(a) |
A plan is due when a standard requires one (1910.38(a)). The list, standard by standard: which OSHA standards require an emergency action plan.
What the plan contains, plant and jobsite
The two lists cover the same ground in different words.
| General industry, 1910.38(c) | Construction, 1926.35(b) |
|---|---|
| Procedures for reporting a fire or other emergency | The preferred means of reporting fires and other emergencies |
| Procedures for emergency evacuation, including type of evacuation and exit route assignments | Emergency escape procedures and emergency escape route assignments |
| Procedures for employees who remain to operate critical plant operations before they evacuate | The same |
| Procedures to account for all employees after evacuation | Procedures to account for all employees after emergency evacuation has been completed |
| Procedures for employees performing rescue or medical duties | Rescue and medical duties for those employees who are to perform them |
| The name or job title of every employee who may be contacted about the plan | Names or regular job titles of persons or departments who can be contacted |
One plan per site, never borrowed: several jobsites, one emergency plan each.
The alarm, the people who help, the reviews
An alarm everyone recognizes
An employee alarm system with a distinctive signal for each purpose, meeting 1910.165 (1910.38(d)). On a jobsite, the alarm complies with 1926.159, with a distinctive signal when it also alerts a fire brigade or serves other purposes (1926.35(c)).
Evacuation helpers
Employees designated and trained to assist in a safe and orderly evacuation (1910.38(e)). In construction, a sufficient number of them before the plan is implemented (1926.35(e)(1)).
Reviews tied to events
With each covered employee when the plan is developed or the employee is first assigned, when their responsibilities change and when the plan changes (1910.38(f), 1926.35(e)(2)).
The fire prevention plan
What it lists
The major fire hazards, the handling and storage of hazardous materials, ignition sources and their control, and the fire protection equipment for each major hazard; procedures to control flammable and combustible waste; maintenance of the safeguards on heat-producing equipment; and the people responsible (1910.39(c)). Employees learn the fire hazards of their job when first assigned and review the parts of the plan they need for self-protection (1910.39(d)).
When it applies
When an OSHA standard in Part 1910 requires one (1910.39(a)). It is written, kept in the workplace and available to employees, or oral for an employer with 10 or fewer employees (1910.39(b)). On a construction site, the fire protection and prevention program of 1926.24 covers the ground. Hot work permits and fire watches are on the safety permits hub, flammable liquid storage on the chemical storage hub.
Portable fire extinguishers
| Topic | General industry (1910.157) | Construction (1926.150) |
|---|---|---|
| How many and where | Selected and distributed by the classes of anticipated fires: 75 feet of travel for Class A, 50 feet from a Class B hazard area (1910.157(d)(1), (d)(2), (d)(4)). | A 2A extinguisher for each 3,000 square feet, with no more than 100 feet of travel (1926.150(c)(1)(i)), one or more on each floor and one next to a stairway in multistory buildings (1926.150(c)(1)(iv)). |
| Near flammable liquids | Class B distribution, 50 feet from the hazard area (1910.157(d)(4)). | A 10B extinguisher within 50 feet of wherever more than 5 gallons of flammable or combustible liquids or 5 pounds of flammable gas are being used (1926.150(c)(1)(vi)). |
| Inspections | Visual inspection monthly (1910.157(e)(2)), an annual maintenance check with its date recorded and kept (1910.157(e)(3)), hydrostatic testing by trained persons at the Table L-1 intervals (1910.157(f)). | Inspected periodically and maintained per NFPA 10A-1970 (1926.150(c)(1)(viii)); defective equipment replaced immediately (1926.150(a)(4)). |
| Substitutes | Standpipe or hose stations connected to a sprinkler system may replace Class A extinguishers when they cover the area and employees are trained (1910.157(d)(3)). | A 55-gallon open drum of water with two fire pails may replace a 2A extinguisher (1926.150(c)(1)(ii)). |
Log the monthly checks with the fire extinguisher inspection checklist.
How many 2A extinguishers does your building need?
For a building under construction: enter the protected area and the floors for the count of 1926.150(c)(1), with both readings of “major fraction”.
Exit routes the plan depends on
Opens from the inside
Employees can open an exit route door from the inside at all times without keys, tools or special knowledge (1910.36(d)(1)).
Wide and clear
Exit access at least 28 inches wide at all points (1910.36(g)(2)), free and unobstructed, with nothing placed in the route (1910.37(a)(3)). On a jobsite, means of egress stay free of all obstructions (1926.34(c)).
Marked and lit
Each exit marked by a sign reading "Exit" (1910.37(b)(2)) and each exit route lighted so a person with normal vision can see along it (1910.37(b)(1)).
Kept current
The plan includes exit route assignments (1910.38(c)(2)), so a route that moves, as routes do on a changing jobsite, means a plan change and a review with each employee covered (1910.38(f)(3)).
Emergency and fire plans that say which rule they follow
The plans are written from the part of the CFR that applies to the work, and the people they cover read them and confirm.
Do you need a written plan
Three questions about your extinguishers and your evacuation policy, and the app tells you whether a written emergency plan is needed, citing the exact paragraph of 1910.157. Cross from 10 to 11 employees and it flags the written plan the same day.
The right part of the CFR
A construction company's emergency plan cites 29 CFR 1926.35, not the general-industry rule, and its fire program cites 1926.24. If you do both kinds of work, you get two plans, never a hybrid.
Employees read and confirm
Publish a new version and each worker reads it on a phone and confirms. Your screen shows 34 of 37 reviewed version 4, the review of 1910.38(f)(3) in a number you can show an inspector.
No blanks left in the plan
Your plan won't export with a blank left in it. Every [NAME] or [PHONE] still to fill is listed for you.
One plan per jobsite
Write the company plan once. Each jobsite gets its own copy with its own exits, muster points and wardens, and when you update the company plan, every site sees what changed without losing its local details.
Counting the extinguishers
Enter the building area and floors, and the app tells you how many 2A extinguishers 1926.150(c)(1) calls for. A 55-gallon drum with two buckets counts where the rule says it does. A site can't go active without its fire protection program.
Key facts
- An emergency action plan is required whenever an OSHA standard in Part 1910 requires one (1910.38(a)); 1926.35 applies to the plans particular construction standards require (1926.35(a)).
- The plan is written, kept in the workplace and available to employees; an employer with 10 or fewer employees may communicate it orally (1910.38(b), 1926.35(e)(3)).
- The employee alarm system uses a distinctive signal for each purpose (1910.38(d), 1926.35(c)).
- The plan is reviewed with each covered employee when it is developed or the employee is first assigned, when their responsibilities change and when the plan changes (1910.38(f), 1926.35(e)(2)).
- Where employees are given extinguishers to use, they are educated on their use and the hazards of incipient stage fire fighting at initial employment and at least annually (1910.157(g)(1), (g)(2)).
- A construction employer develops and maintains an effective fire protection and prevention program at the job site through all phases of the work (1926.24).
Tools, guides and the standards
Free tools
- Emergency Action Plan Builder
The 1910.38 or 1926.35 elements, filled in for your site.
- Fire Extinguisher Inspection Checklist
Monthly checks with a log for the year and the annual maintenance record.
- First Aid Kit Checklist
The first aid arrangements of 1910.151 and 1926.50.
- Hot Work Permit Generator
The permit and the fire watch, before cutting or welding starts.
- Site-Specific Safety Plan Template
One plan per jobsite with the written programs Part 1926 calls for.
Emergency action plan FAQ
Does every employer need a written emergency action plan?
No. 29 CFR 1910.38(a) requires a plan whenever an OSHA standard in Part 1910 requires one, such as an employer relying on total evacuation instead of employee use of extinguishers (1910.157(b)). When a plan is required, it is in writing, kept in the workplace and available to employees, except that an employer with 10 or fewer employees may communicate it orally (1910.38(b)).
How often must an emergency action plan be reviewed?
The review is tied to events: with each covered employee when the plan is developed or the employee is first assigned, when the employee's responsibilities under the plan change, and when the plan changes (29 CFR 1910.38(f); 1926.35(e)(2) in construction).
Does a construction site need an emergency action plan?
Where a particular construction standard requires one, 29 CFR 1926.35 sets its content: escape procedures and routes, critical operations, accounting for employees, rescue and medical duties, reporting and contacts (1926.35(b)). Every construction employer also runs a fire protection and prevention program at the job site through all phases of the work (1926.24).
How far can an employee be from a fire extinguisher?
In general industry, 75 feet of travel to an extinguisher for Class A fires and 50 feet from a Class B hazard area (29 CFR 1910.157(d)(2), (d)(4)). On a construction site, a 2A extinguisher for each 3,000 square feet with no more than 100 feet of travel (1926.150(c)(1)(i)), and a 10B extinguisher within 50 feet of wherever more than 5 gallons of flammable or combustible liquids are being used (1926.150(c)(1)(vi)).
Is a fire prevention plan the same as an emergency action plan?
No. The emergency action plan covers what people do when an emergency happens (1910.38). The fire prevention plan lists the major fire hazards, their handling and storage, ignition sources and the equipment to control them, waste control and maintenance of heat-producing equipment (1910.39(c)). Both are required only when a standard requires them, and both may be oral for an employer with 10 or fewer employees (1910.39(a), (b)).
Sources
- ecfr.gov/current/title-29/section-1910.38
- ecfr.gov/current/title-29/section-1910.39
- ecfr.gov/current/title-29/section-1910.157
- ecfr.gov/current/title-29/section-1926.35
- ecfr.gov/current/title-29/section-1926.150
- osha.gov/etools/evacuation-plans-procedures
Paragraphs of 29 CFR 1910.36 to 1910.39, 1910.157, 1926.24, 1926.34, 1926.35 and 1926.150 verified against the eCFR on November 12, 2026. General guidance, not legal advice; State Plans and fire codes may add requirements.
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