1910.38(c): What an Emergency Action Plan Must Include
Employers must include in an emergency action plan, at minimum, procedures for reporting fires and emergencies, evacuation with exit route assignments, workers who run critical operations before leaving, accounting for everyone afterward, and workers doing rescue or medical duties. The plan must also name who workers can contact for more information.
Key takeaways
- 1910.38(c) is part of OSHA's general industry standards (29 CFR Part 1910, Subpart E).
- OSHA cited it 113 times in the last 3 years, in 81 inspections, with $178,209 in current penalties.
- 3 deaths are linked to inspections that cited this rule.
- Most citations: AK (15), CA (11), NV (10).
- Related part: 1910.38(c)(2) (45 citations).
- Free 5-minute toolbox talk for your crew below.
In this article
What this rule covers
29 CFR 1910.38(c) ("Minimum elements of an emergency action plan") is one requirement inside 1910.38 Emergency action plans, an OSHA general industry standard (Part 1910, Subpart E). It includes 6 sub-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
(c) Minimum elements of an emergency action plan. An emergency action plan must include at a minimum: 113 citations
(1) Procedures for reporting a fire or other emergency; Open (c)(1) 15 citations
(2) Procedures for emergency evacuation, including type of evacuation and exit route assignments; Open (c)(2) 45 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) 14 citations
(5) Procedures to be followed by employees performing rescue or medical duties; and 9 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
Source: eCFR, text current as of 2026-10-15. Read all of 1910.38.
Injuries linked to this rule
3 deaths are linked to inspections where OSHA cited 1910.38(c).
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 | 2 |
| 2024 | 35 |
| 2025 | 46 |
| 2026 | 30 |
Top states: AK (15), CA (11), NV (10), IA (9), CT (9)
Largest penalties
| Employer | Location | Penalty for this rule |
|---|---|---|
| DAVIS INDUSTRIES, INC. | LORTON, VA | $16,285 |
| ELLWOOD ENGINEERED CASTINGS COMPANY | HUBBARD, OH | $16,131 |
| ARDENT MILLS, LLC | EASTON, PA | $15,000 |
| PREMIUM IOWA PORK, LLC | HOSPERS, IA | $14,064 |
| GEODIS | BREINIGSVILLE, PA | $10,775 |
Free toolbox talk
A 5-minute crew talk on 1910.38(c), 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)
Related parts of this rule
- 1910.38(c)(2) 45 citations
- 1910.38(c)(6) 17 citations
- 1910.38(c)(1) 15 citations
- 1910.38(c)(4) 14 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 are the minimum parts of an emergency action plan?
Procedures for reporting emergencies, evacuation and exit routes, critical operations, accounting for employees, rescue or medical duties, and contacts for more information.
Must the plan account for workers after evacuation?
Yes. It must include procedures to account for all employees after evacuation.
Who must be listed in the plan?
The name or job title of every employee who may be contacted for more information about the plan or an explanation of duties.
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.