1910.38(c)(4): Accounting for Employees After Evacuation
Employers' emergency action plans must include procedures to account for all employees after evacuation.
Key takeaways
- 1910.38(c)(4) is part of OSHA's general industry standards (29 CFR Part 1910, Subpart E).
- OSHA cited it 14 times in the last 3 years, in 14 inspections, with $13,432 in current penalties.
- 1 death is linked to inspections that cited this rule.
- Most citations: CA (5), AK (3), NV (2).
- Related part: 1910.38(c) Minimum elements of an emergency action plan (113 citations).
- Free 5-minute toolbox talk for your crew below.
In this article
What this rule covers
29 CFR 1910.38(c)(4) 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
(4) Procedures to account for all employees after evacuation; 14 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(c)(4).
At 2:27 p.m. on September 23, 2024, Employee #1 was restraining a child who was attempting to harm themself or others. During the restraint, Employee #1 began experiencing a heart attack. Coworkers initiated CPR and called emergency services. Employee #1 was transported for medical treatment…
Where and how often it was cited
| Year | Citations |
|---|---|
| 2023 | 1 |
| 2024 | 5 |
| 2025 | 7 |
| 2026 | 1 |
Top states: CA (5), AK (3), NV (2), KY (2), IL (1)
Largest penalties
| Employer | Location | Penalty for this rule |
|---|---|---|
| PREMIUM IOWA PORK, LLC | HOSPERS, IA | $7,032 |
| VISCOFAN USA INC. | DANVILLE, IL | $6,400 |
| TIER 1 VETERINARY MEDICAL CENTER | PALMER, AK | $0 |
| DEFENSE LOGISTICS AGENCY | BARSTOW, CA | $0 |
| LANDMARK CONSOLIDATED | FORT IRWIN, CA | $0 |
Free toolbox talk
A 5-minute crew talk on 1910.38(c)(4), plus alerts when this rule changes. Free.
OSHA interpretation letters
None exist. OSHA has not published a letter of interpretation for 1910.38(c)(4).
Related parts of this rule
- 1910.38(c) Minimum elements of an emergency action plan 113 citations
- 1910.38(c)(2) 45 citations
- 1910.38(c)(6) 17 citations
- 1910.38(c)(1) 15 citations
- 1910.38(c)(3) 13 citations
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
What must the emergency action plan include?
Among other items, procedures to account for all employees after evacuation.
Why account for everyone?
So nobody is left inside without anyone knowing.
Is this part of the written plan?
Yes. It is a minimum element of the 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 2026-10-21
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.