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General Industry (29 CFR 1910)

Emergency Action Plans

Verified vs OSHA sources · 2026-10-05

29 CFR 1910.38

29 CFR 1910.38 requires an emergency action plan wherever another OSHA standard mandates one: it must cover evacuation procedures and routes, how employees are accounted for after evacuation, the alarm system, and the rescue and medical duties of assigned employees. Employers with 10 or fewer employees may communicate it orally.

29 CFR 1910.38 at a glance

What it requires
A plan for how workers evacuate and respond during a workplace emergency
Written?
Yes, in writing and available to employees (≤10 employees may communicate it orally)
Minimum elements
Reporting, evacuation + routes, critical-operations shutdown, head-count, rescue/medical, contact
Trigger
Required whenever another OSHA standard requires an emergency action plan
Max penalty (2026)
$16,550 per serious violation; $165,514 per willful
The #1 confusion
An EAP (how to evacuate/respond) is different from a fire prevention plan (how to prevent fires)

What 29 CFR 1910.38 requires (plain English)

29 CFR 1910.38 requires an emergency action plan (EAP): the written plan that tells employees what to do when a fire, chemical release, or other emergency forces an evacuation. Many OSHA standards (for example, several fire, hazardous-materials, and process-safety rules) require an EAP, and 1910.38 sets what that plan must contain and how it must be communicated. A good EAP turns panic into an orderly evacuation; the absence of one is a common finding after emergencies go wrong.

The plan must be in writing, kept in the workplace, and available to employees for review, with one exception: an employer with 10 or fewer employees may communicate the plan orally instead of in writing. At a minimum, the EAP must include procedures for reporting a fire or other emergency; procedures for emergency evacuation, including the type of evacuation and exit-route assignments; procedures for employees who remain to operate critical plant operations before they evacuate; procedures to account for all employees after evacuation; procedures for employees performing rescue or medical duties; and the name or job title of the person to contact for more information about the plan.

The employer must also designate and train enough people to assist in a safe and orderly evacuation, and must review the plan with each employee when the plan is developed or the employee's responsibilities change, when the plan changes, and at initial assignment. An EAP works hand-in-hand with the exit-route requirements (1910.36/1910.37) and, where employees will fight incipient fires, with the portable fire extinguisher training of 1910.157, but it is specifically about getting people out and accounted for.

The regulatory text

“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.”
29 CFR 1910.38(b)

Key facts about 29 CFR 1910.38

  • Required wherever another OSHA standard requires an emergency action plan (1910.38(a)).
  • Must be in writing, kept in the workplace, and available to employees, except ≤10 employees may communicate it orally.
  • Minimum elements: emergency reporting; evacuation procedures + exit-route assignments; critical-operations shutdown.
  • Also: procedures to account for all employees after evacuation; rescue/medical duties; and a contact name/title.
  • The employer must designate and train enough people to assist in a safe, orderly evacuation.
  • Employees must be trained on the plan at assignment, when it changes, and when their duties change.
  • Works with exit routes (1910.36/1910.37) and fire prevention plans (1910.39).

Scope: who 29 CFR 1910.38 applies to

Regulatory framework
General Industry (29 CFR 1910)
Citation reference
29 CFR 1910.38
Enforcement status
In force and enforced
Jurisdiction
Federal OSHA (29 State-Plan jurisdictions may be stricter)

State-Plan states (e.g. California, Washington, Michigan) operate OSHA-approved programs that must be at least as effective as federal OSHA and frequently impose higher penalties or additional requirements. Confirm the rule as adopted in your state.

Key requirements of 29 CFR 1910.38

#Employer obligation
1Develop written emergency action plan
2Include evacuation procedures and routes
3Designate employees for rescue and medical duties
4Establish alarm systems for emergencies
5Review plan with each employee

Summarized from the text of 29 CFR 1910.38. Always read the full regulation for the binding language.

Common Emergency Action Plans violations

Deficiencies OSHA cites under 29 CFR 1910.38 include the ones below, in no particular order. Distinct deficiencies can be cited as separate items, and each serious item carries up to $16,550 (2026). Broader per-instance stacking exists but is a discretionary, case-by-case OSHA enforcement policy, not an automatic multiplier.

  • No written emergency action plan where one is required (1910.38(a)/(b)).
  • EAP missing required elements (evacuation procedures, head-count, reporting): 1910.38(c).
  • No procedures to account for all employees after evacuation (1910.38(c)(4)).
  • Employees not trained on the plan or their evacuation duties (1910.38(e)/(f)).
  • Plan not available to employees for review (where written is required): 1910.38(b).

Emergency action plan vs. fire prevention plan

These two plans are frequently confused because they often appear together. An EMERGENCY ACTION PLAN (1910.38) is about RESPONSE: how employees report an emergency, evacuate, account for everyone, and perform rescue/medical duties once something has already happened. A FIRE PREVENTION PLAN (1910.39) is about PREVENTION: identifying fire hazards, controlling ignition sources, and managing combustible materials so a fire does not start in the first place. One gets people out safely; the other keeps the fire from occurring. Many employers need both, and both share the '10 or fewer employees may communicate orally' rule, but they answer different questions and must each contain their own specific elements.

What OSHA inspectors look for

A compliance officer asks for the written emergency action plan (or confirms an oral plan for very small employers), checks that it names evacuation routes, an accounting method, and alarm procedures, and that employees actually know what to do. A plan on paper that no worker can describe is a red flag.

Example: how a violation is cited

A plant subject to a fire-response requirement has no written emergency action plan and no way to account for workers after an evacuation. When a fire forces everyone out, OSHA cites 1910.38(b) and (c) for the missing written plan and required elements, with penalties from $16,550.

Illustrative example, not a specific OSHA case.

Emergency Action Plans compliance checklist

Use this to evaluate your compliance with 29 CFR 1910.38. Each item is a key requirement OSHA may verify during an inspection.

  • Put the EAP in writing (or communicate orally only if 10 or fewer employees) and keep it available.
  • Include emergency reporting, evacuation procedures, and exit-route assignments.
  • Add procedures for critical-operations shutdown, head-count after evacuation, and rescue/medical duties.
  • Name a contact (by name or job title) for questions about the plan.
  • Designate and train enough people to assist a safe, orderly evacuation.
  • Train employees at assignment, when the plan changes, and when their responsibilities change.

2026 penalties for 29 CFR 1910.38

Maximums set by 29 CFR 1903.15(d). 2026 amounts unchanged from 2025 (no CPI adjustment; OMB M-26-11). Not an increase. The 2025 OSHA penalty levels remain in effect for 2026; OSHA made no inflation adjustment for 2026. 29 CFR 1903.15 identifies January 15, 2025 as the effective reference for these amounts, while OSHA's public penalties page currently references penalties assessed after Jan. 15, 2026.

Violation typeMinimumMaximumWhen it applies
Serious$1,085$16,550Substantial probability of death or serious physical harm.
Other-Than-Serious$0$16,550Relates to safety/health but unlikely to cause death or serious harm.
Willful$11,823$165,514Intentional, knowing, or voluntary disregard of the requirement.
Repeated$4,256$165,514A substantially similar violation cited within the last 5 years.
Failure to AbateNone$16,550/dayup to $16,550 per day; total capped at 30x the daily amount (FOM Ch.6)

Emergency-action-plan citations surface after fires and during programmed inspections. Serious violations reach $16,550 and willful or repeat violations $165,514; a missing plan is often cited with fire-prevention and exit-route items.

Maximums and the willful minimum are set by 29 CFR 1903.15(d); the serious and repeated minimums are OSHA policy floors from its annual penalty adjustment memo. OSHA applies gravity-based and size, good-faith and history reductions (FOM CPL 02-00-164 Ch.6). Estimates only, not legal advice.

The business case for Emergency Action Plans compliance

When an emergency hits, seconds count and confusion kills. A real emergency action plan (known routes, a headcount method, a working alarm) is what turns panic into an orderly evacuation and reveals quickly whether anyone is still inside.

Free compliance tools for 29 CFR 1910.38

Emergency Action Plans penalties by state

Penalties and enforcement vary by state. State-Plan states may impose higher penalties and additional requirements beyond federal 29 CFR 1910.38.

Frequently asked questions about 29 CFR 1910.38

Does an emergency action plan have to be in writing?

Yes, in general. Under 1910.38(b), an emergency action plan must be in writing, kept in the workplace, and available to employees for review. The one exception: an employer with 10 or fewer employees may communicate the plan orally rather than maintaining a written document. Even then, all the required elements must still be covered and communicated to employees.

What must an emergency action plan include?

At a minimum (1910.38(c)): procedures for reporting a fire or other emergency; procedures for emergency evacuation, including the type of evacuation and exit-route assignments; procedures for employees who remain to operate critical operations before they evacuate; procedures to account for all employees after evacuation; procedures for employees performing rescue or medical duties; and the name or job title of the person to contact for more information about the plan.

What is the difference between an emergency action plan and a fire prevention plan?

An emergency action plan (1910.38) covers RESPONSE: how employees report an emergency, evacuate, account for everyone, and perform rescue or medical duties. A fire prevention plan (1910.39) covers PREVENTION: identifying fire hazards, controlling ignition sources, and managing combustible materials so a fire does not start. Many workplaces need both; they answer different questions and each has its own required elements.

Who must be trained on the emergency action plan?

All employees covered by the plan. The employer must review the plan with each employee when the plan is developed or the employee is initially assigned, when the employee's responsibilities under the plan change, and when the plan itself changes. The employer must also designate and train a sufficient number of persons to assist in a safe and orderly evacuation.

Regulatory history of 29 CFR 1910.38

1910.38 sits in Subpart E (Means of Egress/Emergency Planning) and was rewritten in plain language in 2002 alongside the exit-route standards (1910.36/1910.37) and the fire prevention plan standard (1910.39). It defines the emergency action plan that dozens of other OSHA standards cross-reference as a required element.

Related glossary terms

Key terms that appear in 29 CFR 1910.38, each with a full plain-English explainer.

Primary sources

OSHA figures on this page are imported from HazComFast's verified regulatory module (verified 2026-10-05 against eCFR, OSHA.gov, and the Federal Register).

This page is an educational summary, not legal advice. OSHA standards and penalty amounts change; confirm requirements against the current regulation and your applicable State-Plan before acting.

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