1910.38: Emergency Action Plans
When an OSHA standard requires an emergency action plan, the employer must have one in writing, kept at the workplace and available to workers, though employers with 10 or fewer employees may share it orally. The plan must cover reporting emergencies, evacuation, critical operations, accounting for employees, rescue and medical duties, and who to contact, with an alarm system, training and review with each employee.
Key takeaways
- 1910.38 is part of OSHA's general industry standards (29 CFR Part 1910, Subpart E).
- OSHA cited it 563 times in the last 3 years, in 476 inspections, with $831,792 in current penalties.
- 5 deaths are linked to inspections that cited this rule.
- Most citations: VA (82), OH (42), IL (41).
- Most-cited part: 1910.38(b) Written and oral emergency action plans (285 citations).
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In this article
What this rule covers
29 CFR 1910.38, "Emergency action plans", is an OSHA general industry standard (Part 1910, Subpart E). It has 15 numbered paragraphs. The official text below is copied word for word from the Electronic Code of Federal Regulations (eCFR). The numbers, injury cases and training on this page show how OSHA enforces it on real job sites.
Official text
Show the full text of 1910.38 (15 paragraphs)
(a) Application. An employer must have an emergency action plan whenever an OSHA standard in this part requires one. The requirements in this section apply to each such emergency action plan. Open (a) 17 citations
(b) Written and oral emergency action plans. 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. Open (b) 285 citations
(c) Minimum elements of an emergency action plan. An emergency action plan must include at a minimum: Open (c) 119 citations
(1) Procedures for reporting a fire or other emergency; Open (c)(1) 17 citations
(2) Procedures for emergency evacuation, including type of evacuation and exit route assignments; Open (c)(2) 46 citations
(3) Procedures to be followed by employees who remain to operate critical plant operations before they evacuate; Open (c)(3) 13 citations
(4) Procedures to account for all employees after evacuation; Open (c)(4) 16 citations
(5) Procedures to be followed by employees performing rescue or medical duties; and Open (c)(5) 10 citations
(6) The name or job title of every employee who may be contacted by employees who need more information about the plan or an explanation of their duties under the plan. Open (c)(6) 17 citations
(d) Employee alarm system. An employer must have and maintain an employee alarm system. The employee alarm system must use a distinctive signal for each purpose and comply with the requirements in § 1910.165. Open (d) 19 citations
(e) Training. An employer must designate and train employees to assist in a safe and orderly evacuation of other employees. Open (e) 55 citations
(f) Review of emergency action plan. An employer must review the emergency action plan with each employee covered by the plan: Open (f) 68 citations
(1) When the plan is developed or the employee is assigned initially to a job; Open (f)(1) 29 citations
(2) When the employee's responsibilities under the plan change; and 3 citations
(3) When the plan is changed. Open (f)(3) 10 citations
[67 FR 67961, Nov. 7, 2002]
Source: eCFR, text current as of 2026-10-15.
Export the list: 476 inspections cited 1910.38 in the last 3 years, with employer, location, penalty and date.
Purple Belt, $59/moInjuries linked to this rule
5 deaths are linked to inspections where OSHA cited 1910.38.
At approximately 3:00 p.m. on November 12, 2024, a process cooker at a facility overpressurized and exploded. The explosion resulted in twelve employees being hospitalized, including one employee who later died from injuries sustained during the incident. At approximately 1:00 a.m. on November 13, 2024,…
Full case list with employer, penalty, filters and download is part of OSHA Data (Purple Belt).
Unlock with Purple BeltWhere and how often it was cited
| Year | Citations |
|---|---|
| 2023 | 27 |
| 2024 | 234 |
| 2025 | 176 |
| 2026 | 126 |
Top states: VA (82), OH (42), IL (41), AK (41), PR (40)
Largest penalties
| Employer | Location | Penalty for this rule |
|---|---|---|
| CACIQUE FOODS LLC | AMARILLO, TX | $28,135 |
| GEODIS | BREINIGSVILLE, PA | $21,550 |
| PREMIUM IOWA PORK, LLC | HOSPERS, IA | $21,096 |
| SOUTHWEST CHEESE COMPANY, LLC | CLOVIS, NM | $16,554 |
| ROEHM AMERICA, LLC | BAY CITY, TX | $16,550 |
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OSHA interpretation letters
None exist. OSHA has not published a letter of interpretation for 1910.38.
Most-cited parts of this rule
- 1910.38(b) Written and oral emergency action plans 285 citations
- 1910.38(c) Minimum elements of an emergency action plan 119 citations
- 1910.38(f) Review of emergency action plan 68 citations
- 1910.38(e) Training 55 citations
- 1910.38(c)(2) 46 citations
- 1910.38(f)(1) 29 citations
- 1910.38(d) Employee alarm system 19 citations
- 1910.38(a) Application 17 citations
- 1910.38(c)(1) 17 citations
- 1910.38(c)(6) 17 citations
- 1910.38(c)(4) 16 citations
- 1910.38(c)(3) 13 citations
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Frequently asked questions
Does an emergency action plan have to be written?
Yes, it must be written, kept in the workplace and available to employees, except employers with 10 or fewer employees may communicate it orally.
What must the plan include?
Procedures for reporting emergencies, evacuation, critical operations, accounting for employees, rescue and medical duties, and the name or job title of people to contact.
When must the plan be reviewed with employees?
When it is developed or the employee is first assigned, when the employee's duties change, and when the plan changes.
About this page
Sources
- 29 CFR 1910.38 (eCFR), text current as of 2026-10-15
- U.S. Department of Labor enforcement data: OSHA inspections, citations and accident records, copied nightly; data as of 2026-11-06
3-year window. Federal OSHA only; state-plan rules are not counted. Plain-language text is a summary, not legal advice; the official text controls. Black Belt Safety is not part of OSHA or the Department of Labor.