What an OSHA Emergency Action Plan is — and when you need one
An Emergency Action Plan (EAP) is the written document that tells your workers exactly what to do when a fire, chemical release, medical emergency, or severe-weather event happens — how to report it, how to get out, and how the company confirms everyone is safe. The governing standard is 29 CFR 1910.38 for general industry. Construction has its own standard, 29 CFR 1926.35, whose paragraph (b) lists the corresponding elements in a different order.
A written EAP is not universally required. Under 29 CFR 1910.38 (general industry) you must have one only when another OSHA standard requires it (see the trigger table below). When a plan is required, it must be in writing, kept in the workplace, and available to employees (29 CFR 1910.38(b)) — except that an employer with 10 or fewer employees may communicate the plan orally (construction has the identical exception at 29 CFR 1926.35(e)(3)).
The six required elements of 1910.38(c)
Whatever your operation, a compliant EAP must contain these six minimum elements. The builder above maps each input field to one of them so nothing is missed.
| # | Required element | What it must cover | CFR |
|---|---|---|---|
| 1 | Reporting an emergency | How employees report a fire or other emergency (who to call, which alarm to activate). | 29 CFR 1910.38(c)(1) |
| 2 | Evacuation procedures & exit routes | Type of evacuation (total, partial, shelter-in-place) and exit-route assignments. | 29 CFR 1910.38(c)(2) |
| 3 | Critical-operations employees | Procedures for employees who stay to shut down critical operations before they evacuate. | 29 CFR 1910.38(c)(3) |
| 4 | Employee accountability | How you account for every employee after the evacuation (headcount at the assembly point). | 29 CFR 1910.38(c)(4) |
| 5 | Rescue & medical duties | Duties of employees who perform rescue or medical aid before EMS arrives. | 29 CFR 1910.38(c)(5) |
| 6 | Designated contact | Name or job title of every employee who can be contacted for more information. | 29 CFR 1910.38(c)(6) |
Two more duties sit alongside the six elements: you must have and maintain an employee alarm system with a distinctive signal (29 CFR 1910.38(d); 1926.35(c) in construction), and you must designate and train employees to assist in an orderly evacuation (29 CFR 1910.38(e); 1926.35(e)(1) in construction).
Which OSHA standards trigger an EAP?
Because 29 CFR 1910.38 (general industry) only applies “whenever an OSHA standard in this part requires one,” you need an EAP if any of these (among others) apply to your work:
| Triggering standard | CFR |
|---|---|
| Portable fire extinguishers — total evacuation policy | 29 CFR 1910.157(b)(2) |
| Fixed fire-extinguishing systems | 29 CFR 1910.160(b)(11) |
| Process Safety Management of highly hazardous chemicals | 29 CFR 1910.119(n) |
| Hazardous waste operations & emergency response (HAZWOPER) | 29 CFR 1910.120(l) / (q) |
| Grain handling facilities | 29 CFR 1910.272(d) |
| Ethylene oxide — emergency situations (and other expanded-standard substances) | 29 CFR 1910.1047(h) |
In construction, 29 CFR 1926.35(a) applies the same rule to Part 1926: an EAP is required where an employer at a hazardous waste operation evacuates instead of responding (29 CFR 1926.65(l)(1)(ii)), where process safety management applies (29 CFR 1926.64, which applies 1910.119), or where MDA work calls for a written emergency plan (29 CFR 1926.60). The construction fire protection standard, 1926.150, does not require one.
Even where no specific standard names the EAP, planning for foreseeable emergencies is the practical way to satisfy the General Duty Clause — and the fastest way to show good faith in an inspection.
Worked examples
Example 1 — a 6-person remodeling crew. With 10 or fewer employees, this employer may communicate the plan orally (29 CFR 1926.35(e)(3)). They still need the same six elements: on a fire alarm (three air-horn blasts), everyone exits to the parking-lot assembly point, the lead counts heads against the daily sign-in sheet, no one re-enters, and the superintendent is the designated contact. Recording it in this builder — even though writing is optional at their size — gives them a posted reference and proof of training.
Example 2 — a 60-employee plant with a boiler. Because PSM/critical operations apply, the plan must be written (29 CFR 1910.38(b)). It includes a (c)(3) procedure for the two operators who stay to safely shut the boiler down before evacuating, a (c)(4) headcount reconciled by department, (c)(5) duties for the trained first-aid/AED responders, exit-route assignments by wing, and the EHS manager as the (c)(6) contact. The distinctive alarm signal is documented under 29 CFR 1910.38(d); 1926.35(c) in construction.
What to do next
- Build and post the plan. Use the builder above, add a procedure for each emergency your site could face, and download the PDF. Keep a copy in the job trailer and a digital backup.
- Set up the alarm system. Confirm a distinctive signal that carries above your site's ambient noise (29 CFR 1910.38(d); 1926.35(c) in construction) and that every worker recognizes it.
- Train evacuation aides. Designate and train the employees who will direct an orderly evacuation (29 CFR 1910.38(e); 1926.35(e)(1) in construction); run a drill and record the date.
- Review on the triggers. Re-train and update the plan whenever an employee's responsibilities change or the plan changes (29 CFR 1910.38(f); 1926.35(e)(2) in construction). Best practice is an annual review plus a review after any drill or real event.
- Translate for your crew. If you have Spanish-speaking workers, generate the Spanish version of the plan so everyone can act on it.
Frequently asked questions
Is an Emergency Action Plan required by OSHA?
An EAP is required when any OSHA standard requires one — it is not universally mandated for every employer (29 CFR 1910.38(a); construction 1926.35 introductory text). Standards that trigger it include portable fire extinguishers where employees must evacuate (1910.157), fixed extinguishing systems, hazardous-waste operations (HAZWOPER, 1910.120), process safety management (1910.119), and others. When a plan is required it must be in writing, kept in the workplace, and available to employees (1910.38(b)) — but an employer with 10 or fewer employees may communicate it orally (construction has the identical exception at 1926.35(e)(3)).
What must an Emergency Action Plan include?
Per 1910.38(c) the plan must include six minimum elements: (1) procedures for reporting a fire or other emergency; (2) procedures for emergency evacuation, including the type of evacuation and exit-route assignments; (3) procedures for employees who remain to operate critical operations before they evacuate; (4) procedures to account for all employees after evacuation; (5) rescue and medical duties for those who perform them; and (6) the name or job title of every employee who may be contacted for more information. Separately, 1910.38(d) requires an employee alarm system with a distinctive signal, and 1910.38(e) requires you to designate and train evacuation aides.
What is the difference between an EAP and a Fire Prevention Plan?
They are two separate standards. The Emergency Action Plan (1910.38) governs how people respond to and evacuate during an emergency. The Fire Prevention Plan (1910.39) governs how you keep a fire from starting — listing major fire hazards, ignition-source controls, and the maintenance of fire-control equipment. Some operations need both. This builder produces the EAP; a Fire Prevention Plan is a companion document.
How often must the EAP be reviewed?
OSHA does not set a fixed calendar interval, but 1910.38(f) requires you to review the plan with each employee when the plan is first developed or the employee is first assigned, whenever the employee's responsibilities change, and whenever the plan itself changes. Best practice is an annual review plus a review after every drill or actual emergency, with the review date recorded on the plan.
Do I need to conduct emergency drills?
29 CFR 1910.38 does not itself require drills, and neither does 1910.39. But running evacuation drills is the strongest evidence that your training under 1910.38(e) is effective, and it is a powerful defense in an inspection. Many state plans, local fire codes, and NFPA 101 recommend or require periodic drills — confirm what applies in your jurisdiction.
Does the EAP need an employee alarm system?
Yes. 1910.38(d) in general industry, and 1926.35(c) on a construction site (which points to 1926.159), require the employer to have an employee alarm system, and the alarm must use a distinctive signal for each purpose. On a small jobsite the 'system' can be as simple as an air horn with three blasts or a radio code word, as long as it is recognizable above ambient noise and known to every worker. This builder records your alarm method in each procedure and in the dedicated alarm-system section.
Can an EAP be stored electronically, and does it need a Spanish version?
Yes to electronic storage — OSHA allows it provided employees can access the plan during their work shift; for construction a printed copy in the job trailer plus a digital backup is recommended. There is no OSHA rule mandating Spanish, but training and the plan must be understandable to the employees who must act on it, so a Spanish-speaking crew should receive a Spanish version. This builder generates the plan in English or Spanish for that reason.
Sources & verification
- https://www.ecfr.gov/current/title-29/subtitle-B/chapter-XVII/part-1910/subpart-E/section-1910.38
- https://www.ecfr.gov/current/title-29/subtitle-B/chapter-XVII/part-1926/subpart-C/section-1926.35
- OSHA “Emergency Action Plan” eTool and Evacuation Plans & Procedures eTool (osha.gov).
- 29 CFR 1910.39 (Fire Prevention Plans) — the companion standard.
EAP facts verified 2026-10-05. This tool generates a template per OSHA 1910.38 / 1926.35 — it does not certify a specific plan as compliant, and it is not legal advice. Failing to have or follow a required EAP can be cited; an uncorrected violation can run up to $16,550/day in failure-to-abate penalties.
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