29 CFR 1910 · General Industry · Subpart E

1910.38(a): When an Emergency Action Plan Is Required

By Black Belt Safety Editorial Team Official text as of October 15, 2026 Data updated October 22, 2026 3 min read

In plain words:

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.
18citations, 3 years
$36,878current penalties
18inspections
1linked deaths
In this article
  1. What this rule covers
  2. Official text
  3. Injuries linked to this rule
  4. Where and how often it was cited
  5. Free toolbox talk
  6. OSHA interpretation letters
  7. Get your crew competent
  8. Frequently asked questions
  9. About this page

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).

Employee is killed in building fire
2024-07-14 · Fatal · DOVER, FL

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

YearCitations
20233
20246
20252
20267

Top states: VA (3), AK (2), UT (2), IL (2), VT (1)

Largest penalties

EmployerLocationPenalty for this rule
ALASKA DOT&PFKETCHIKAN, AK$8,066
AGRI-NUTRIENTS COMPANY, INCDISPUTANTA, VA$6,885
SAVE-A-LOT FOOD STORES, LTDNEW ORLEANS, LA$6,026
TRAPP FAMILY LODGE, INC.STOWE, VT$4,554
DOVER MEXICAN MARKET INCDOVER, 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

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

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.

Written and reviewed by

Black Belt Safety Editorial Team

Site Safety Officer and Safety Professional

OSHA 30 · CPR · USACE CQM

Written and reviewed by the Black Belt Safety team. Every post is checked against the OSHA standard or agency source it cites.

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