1910.120(q)(1): Hazmat Emergency Response Plan
Employers must develop and implement a written emergency response plan to handle anticipated emergencies before emergency response operations begin, available to employees, their representatives and OSHA. Employers who evacuate employees and do not let them help handle the emergency are exempt if they have an emergency action plan under 1910.38.
Key takeaways
- 1910.120(q)(1) is part of OSHA's general industry standards (29 CFR Part 1910, Subpart H).
- OSHA cited it 67 times in the last 3 years, in 67 inspections, with $451,749 in current penalties.
- 1 death is linked to inspections that cited this rule.
- Most citations: NY (19), TX (6), PA (5).
- Related part: 1910.120(q) Emergency response to hazardous substance releases (405 citations).
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In this article
What this rule covers
29 CFR 1910.120(q)(1) ("Emergency response plan") is one requirement inside 1910.120 Hazardous waste operations and emergency response, an OSHA general industry standard (Part 1910, Subpart H). 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
(1) Emergency response plan. An emergency response plan shall be developed and implemented to handle anticipated emergencies prior to the commencement of emergency response operations. The plan shall be in writing and available for inspection and copying by employees, their representatives and OSHA personnel. Employers who will evacuate their employees from the danger area when an emergency occurs, and who do not permit any of their employees to assist in handling the emergency, are exempt from the requirements of this paragraph if they provide an emergency action plan in accordance with 29 CFR 1910.38. 67 citations
Source: eCFR, text current as of 2026-10-15. Read all of 1910.120.
Injuries linked to this rule
1 death is linked to inspections where OSHA cited 1910.120(q)(1).
At 1:45 p.m. on March 4, 2024, an employee was performing slag pit operations inside the furnace slag pit where the molten slag was being smoothed out in preparation for a drop. As Employee #1 was moving the molten slag with a CAT 988H Wheel…
Where and how often it was cited
| Year | Citations |
|---|---|
| 2023 | 3 |
| 2024 | 27 |
| 2025 | 18 |
| 2026 | 19 |
Top states: NY (19), TX (6), PA (5), MI (4), CT (4)
Largest penalties
| Employer | Location | Penalty for this rule |
|---|---|---|
| WOODLAND PULP, LLC | BAILEYVILLE, ME | $165,514 |
| NUCO FOODS, LLC | ELIZABETHTOWN, PA | $18,207 |
| AIRGAS USA, LLC | CORTEZ, CO | $16,550 |
| LEWISTOWN VALLEY ENTERPRISES, INC. | TAMAQUA, PA | $16,550 |
| ONE WAY ENVIRONMENTAL SERVICES LLC | HOUSTON, TX | $16,550 |
Free toolbox talk
A 5-minute crew talk on 1910.120(q)(1), 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)
- Training and HAZWOPER. (1991-12-30)
- Over-the-road vehicle operator required response to a large release. (1991-10-08)
- OSHA's Hazardous Waste Operations and Emergency Response. (1991-08-27)
- Employee evacuation in the event of imminent Natural Phenomenon. (1991-06-26)
- Emergency response in the trucking industry (1991-04-03)
Related parts of this rule
- 1910.120(q) Emergency response to hazardous substance releases 405 citations
- 1910.120(q)(6) Training 143 citations
- 1910.120(q)(8) Refresher training 115 citations
- 1910.120(q)(8)(i) 112 citations
- 1910.120(q)(6)(i) First responder awareness level 75 citations
- 1910.120(q)(2) Elements of an emergency response plan 34 citations
- 1910.120(q)(3) Procedures for handling emergency response 33 citations
- 1910.120(q)(6)(iii) Hazardous materials technician 26 citations
- 1910.120(q)(6)(i)(A) 21 citations
- 1910.120(q)(3)(iv) 14 citations
- 1910.120(q)(6)(ii) First responder operations level 14 citations
- 1910.120(q)(3)(iii) 7 citations
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Frequently asked questions
When must the emergency response plan be ready?
Prior to the commencement of emergency response operations.
Must the plan be written?
Yes. It must be in writing and available for inspection and copying by employees, their representatives and OSHA personnel.
Who is exempt?
Employers who evacuate employees from the danger area and do not permit them to assist, if they provide an emergency action plan under 1910.38.
About this page
Sources
- 29 CFR 1910.120 (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.