1926.35: Construction Emergency Action Plans
Employers required by an OSHA standard to have an emergency action plan must put it in writing, except as the rule allows, and include escape procedures and routes, procedures for workers running critical operations, accounting for everyone after evacuation, rescue and medical duties, how to report emergencies, and contacts for more information. They must also set up an alarm system, set evacuation types, train people to help evacuate, and review the plan with each worker.
Key takeaways
- 1926.35 is part of OSHA's construction standards (29 CFR Part 1926, Subpart C).
- OSHA cited it 9 times in the last 3 years, in 9 inspections, with $63,566 in current penalties.
- Free 5-minute toolbox talk for your crew below.
In this article
What this rule covers
29 CFR 1926.35, "Employee emergency action plans", is an OSHA construction standard (Part 1926, Subpart C). It has 19 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 1926.35 (19 paragraphs)
(a) Scope and application. This section applies to all emergency action plans required by a particular OSHA standard. The emergency action plan shall be in writing (except as provided in the last sentence of paragraph (e)(3) of this section) and shall cover those designated actions employers and employees must take to ensure employee safety from fire and other emergencies. 5 citations
(b) Elements. The following elements, at a minimum, shall be included in the plan:
(1) Emergency escape procedures and emergency escape route assignments;
(2) Procedures to be followed by employees who remain to operate critical plant operations before they evacuate;
(3) Procedures to account for all employees after emergency evacuation has been completed;
(4) Rescue and medical duties for those employees who are to perform them;
(5) The preferred means of reporting fires and other emergencies; and
(6) Names or regular job titles of persons or departments who can be contacted for further information or explanation of duties under the plan.
(c) Alarm system.
(1) The employer shall establish an employee alarm system which complies with § 1926.159.
(2) If the employee alarm system is used for alerting fire brigade members, or for other purposes, a distinctive signal for each purpose shall be used.
(d) Evacuation. The employer shall establish in the emergency action plan the types of evacuation to be used in emergency circumstances.
(e) Training. 4 citations
(1) Before implementing the emergency action plan, the employer shall designate and train a sufficient number of persons to assist in the safe and orderly emergency evacuation of employees.
(2) The employer shall review the plan with each employee covered by the plan at the following times: 1 citations
(i) Initially when the plan is developed,
(ii) Whenever the employee's responsibilities or designated actions under the plan change, and
(iii) Whenever the plan is changed. 1 citations
(3) The employer shall review with each employee upon initial assignment those parts of the plan which the employee must know to protect the employee in the event of an emergency. The written plan shall be kept at the workplace and made available for employee review. For those employers with 10 or fewer employees the plan may be communicated orally to employees and the employer need not maintain a written plan. 3 citations
[58 FR 35083, June 30, 1993]
Source: eCFR, text current as of 2026-10-15.
Where and how often it was cited
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A 5-minute crew talk on 1926.35, plus alerts when this rule changes. Free.
OSHA interpretation letters
None exist. OSHA has not published a letter of interpretation for 1926.35.
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Frequently asked questions
What must the emergency action plan include?
Escape procedures and routes, critical operations procedures, accounting for employees, rescue and medical duties, reporting means, and contacts.
Is an alarm system required?
Yes. It must comply with 1926.159, with distinctive signals for different purposes.
When is the plan reviewed with workers?
Initially when developed, and at other times listed in the rule, such as when responsibilities change.
About this page
Sources
- 29 CFR 1926.35 (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 2026-10-20
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.
