OSHA term · Glossary
Emergency Action Plan (EAP)
Verified vs OSHA sources · 2026-10-05
A plan required by 29 CFR 1910.38 that spells out what workers do when an emergency happens — how to report it, how and where to evacuate, and how everyone is accounted for afterward. It must be in writing and available to employees (an employer with 10 or fewer employees may communicate it orally). An EAP is about responding to emergencies; its companion, the Fire Prevention Plan, is about preventing fires in the first place.
Also known as: EAP, emergency evacuation plan
On this page
Emergency Action Plan (EAP) at a glance
- Six minimum elements (1910.38(c)): reporting; evacuation & exit route assignments; critical-operations procedures; employee accountability; rescue/medical duties; a contact name or job title.
- Written and available to employees; ≤ 10 employees may communicate it orally.
- Requires an employee alarm system (1910.165) and designated, trained evacuation helpers.
- Must be reviewed with each employee when the plan is developed, their duties change, or the plan is modified.
In plain English
The “what do we do if something goes wrong” plan — fire, chemical release, whatever. It covers how to sound the alarm, how to get out, which exits to use, and how to make sure nobody's left behind.
What the rule says
“An emergency action plan must be in writing, kept in the workplace, and available to employees for review. However, an employer with 10 or fewer employees may communicate the plan orally to employees.”
In context
An enforcement, recordkeeping, or general-duty concept under the Occupational Safety and Health Act and 29 CFR. These terms define how OSHA inspects, cites, and penalizes employers.
Where this is written in OSHA's rules
- 29 CFR 1910.38Read on eCFR / OSHA.gov
- 29 CFR 1910.38(b)Read on eCFR / OSHA.gov
Example
A warehouse EAP lists the alarm signal, marks primary and secondary exit routes, assigns two forklift operators to shut down chargers before leaving, sets the parking lot as the muster point for a head count, and names the shift supervisor as the contact — the six elements 1910.38(c) requires.
Why it matters
In a real emergency, seconds and confusion cost lives — a practiced EAP turns panic into an orderly evacuation and a reliable head count. It's also broadly required: many OSHA standards (like those for certain processes or hazards) trigger the need for a compliant, written EAP.
Emergency Action Plan vs. Fire Prevention Plan
They're two different 1910 plans. The EAP (1910.38) covers responding to an emergency — alarm, evacuation, accountability. The Fire Prevention Plan (1910.39) covers preventing fires — controlling fuels, ignition sources, and equipment. Standards that require one often require both, but they serve opposite ends of the timeline.
The six required EAP elements (1910.38(c))
| # | Element |
|---|---|
| 1 | Procedures for reporting a fire or emergency |
| 2 | Evacuation procedures and exit route assignments |
| 3 | Procedures for those staying to run critical operations |
| 4 | Procedures to account for all employees after evacuation |
| 5 | Procedures for rescue and medical duties |
| 6 | Name/job title of a contact for the plan |
Emergency Action Plan (EAP): frequently asked questions
- What is an Emergency Action Plan?
- A plan required by 1910.38 describing how workers respond to emergencies — reporting, evacuation and exit routes, accounting for employees, and rescue/medical duties. It must be written and available (oral is allowed for 10 or fewer employees).
- What are the required elements of an EAP?
- Six: reporting procedures; evacuation and exit route assignments; procedures for those running critical operations; employee accountability after evacuation; rescue/medical duty procedures; and a contact name or job title.
- How is an EAP different from a Fire Prevention Plan?
- An EAP is about responding to an emergency (evacuation, accountability). A Fire Prevention Plan is about preventing fires (controlling fuels and ignition sources). Many standards require both.
Related terms
Free tools for this
More OSHA terms
The action an employer takes to fix a cited violation or eliminate a hazard OSHA identified during an inspection. The citation sets an abatement date, the deadline to correct the hazard, and within 10 calendar days after that date the employer must certify to OSHA that the violation was abated. Failure to abate accrues additional penalties of up to $16,550 per day.
Area DirectorThe senior OSHA official in charge of a specific OSHA Area Office — the local unit that runs inspections and enforcement in its geographic territory. The Area Director has the authority to issue citations, propose penalties, hold informal conferences with employers, and approve settlement agreements. When a Compliance Safety and Health Officer (CSHO) completes an inspection, it's the Area Director who ultimately issues the citation.
Bureau of Labor Statistics (BLS)The federal statistical agency within the U.S. Department of Labor that collects, analyzes, and publishes data on workplace injuries, illnesses, and fatalities. BLS conducts the annual Survey of Occupational Injuries and Illnesses (SOII) — compiled from employer OSHA 300 logs — and the Census of Fatal Occupational Injuries (CFOI). SOII data drives OSHA's Site-Specific Targeting (SST) program: establishments whose DART rates significantly exceed their BLS industry average are placed on the SST inspection list.
Competent PersonUnder OSHA's construction standards, a person who is capable of identifying existing and predictable hazards in the surroundings or working conditions, and who has the authorization to take prompt corrective measures to eliminate them. The role requires both knowledge and the authority to act, and is mandated by name in many specific standards — excavations, scaffolds, fall protection, asbestos, and more.
CitationThe formal written notice OSHA issues to an employer after an inspection, describing each alleged violation, the standard cited, the proposed penalty, and the date by which the hazard must be corrected (abated). OSHA must issue a citation with reasonable promptness and no later than six months after the violation occurred.
Closing ConferenceThe meeting at the end of an OSHA inspection where the compliance officer confers with the employer and informally advises them of any apparent violations found. Importantly, the closing conference discusses what was observed and the employer's rights — but it does NOT state final citations or penalties, which come later in the written Citation and Notification of Penalty.
Compliance Officer (CSHO)An OSHA Compliance Safety and Health Officer — the inspector who conducts workplace inspections. A CSHO presents credentials (a photo ID and a serial number), holds the opening conference, performs the walkaround, collects evidence, interviews employees, and recommends citations. CSHOs are either safety specialists or industrial hygienists.
ContestAn employer's formal challenge to an OSHA citation, penalty, or abatement date. To contest, the employer must file a written Notice of Contest with the OSHA Area Director within 15 working days of receiving the Citation and Notification of Penalty. Filing sends the case to the independent Occupational Safety and Health Review Commission (OSHRC); missing the deadline makes the citation a final, un-appealable order.
Sources & verification
- 29 CFR 1910.38 (eCFR / OSHA.gov)
- 29 CFR 1910.38(b) (eCFR / OSHA.gov)
- OSHA — 1910.38 (Emergency Action Plans)
- OSHA — Evacuation Plans and Procedures eTool
Reviewed by HazComFast against eCFR, OSHA.gov, NIOSH, and the Federal Register. Last reviewed 2026-10-05. This glossary is general information, not legal advice; OSHA State-Plan states (e.g. California, Michigan) may adopt stricter requirements.
Put Emergency Action Plan (EAP) into practice
Don't just read the definition — apply it. Use the free HazCom Audit Checklist (2026) to put real numbers behind Emergency Action Plan (EAP) for your jobsite.
Get the Binder in Order Before the Inspector Arrives. Are You Ready?
OSHA does not give advance notice of inspections (29 CFR 1903.6). Get the binder in order before the opening conference, not during it.
Serious Violation
$16,550
per violation (max)
HazComFast Pro
$199/mo
10 jobsites, unlimited chemicals, unlimited workers
New sign-ups are paused. The free tools below need no account, and customers can log in as usual.
Your account keeps working as usual. Cancel anytime.