1910.38(a): When an Emergency Action Plan Is Required
Employers must have an emergency action plan whenever an OSHA standard in this part requires one. The requirements of this section apply to each such plan.
Key takeaways
- 1910.38(a) is part of OSHA's general industry standards (29 CFR Part 1910, Subpart E).
- OSHA cited it 18 times in the last 3 years, in 18 inspections, with $36,878 in current penalties.
- 1 death is linked to inspections that cited this rule.
- Most citations: VA (3), AK (2), UT (2).
- Free 5-minute toolbox talk for your crew below.
In this article
What this rule covers
29 CFR 1910.38(a) ("Application") is one requirement inside 1910.38 Emergency action plans, an OSHA general industry standard (Part 1910, Subpart E). 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
(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. 18 citations
Source: eCFR, text current as of 2026-10-15. Read all of 1910.38.
Injuries linked to this rule
1 death is linked to inspections where OSHA cited 1910.38(a).
At 4:44 p.m. on July 14, 2024, an employee was in the bathroom of a building. Afire broke out in the building, and the employee could not be rescued from the bathroom in time. The employee was killed in the fire.
Where and how often it was cited
| Year | Citations |
|---|---|
| 2023 | 3 |
| 2024 | 6 |
| 2025 | 2 |
| 2026 | 7 |
Top states: VA (3), AK (2), UT (2), IL (2), VT (1)
Largest penalties
| Employer | Location | Penalty for this rule |
|---|---|---|
| ALASKA DOT&PF | KETCHIKAN, AK | $8,066 |
| AGRI-NUTRIENTS COMPANY, INC | DISPUTANTA, VA | $6,885 |
| SAVE-A-LOT FOOD STORES, LTD | NEW ORLEANS, LA | $6,026 |
| TRAPP FAMILY LODGE, INC. | STOWE, VT | $4,554 |
| DOVER MEXICAN MARKET INC | DOVER, FL | $3,871 |
Free toolbox talk
A 5-minute crew talk on 1910.38(a), plus alerts when this rule changes. Free.
OSHA interpretation letters
- Requirements for emergency response and planning under the Process Safety Management Standard. (2003-06-24)
- Hierarchy of air contaminant controls; respirators for emergencies. (1993-01-26)
- Interface of 1910.120 and other standards. (1992-05-08)
- Hazwoper's application to general industry. (1990-12-14)
Get your crew competent
Trainers on Black Belt Safety: Marc Harvey, Dana Reyes
Trainers and suppliers: feature your business on this rule for $25/month.
Frequently asked questions
Does every employer need an emergency action plan?
An employer must have one whenever an OSHA standard in this part requires one.
Which rules does the plan follow?
The requirements in 1910.38 apply to each emergency action plan.
What triggers the requirement?
Another OSHA standard in this part that requires an emergency action plan.
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 2026-10-22
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.