1910.38(b): Written or Oral Emergency Action Plan
An emergency action plan must be in writing, kept in the workplace and available for employees to review. An employer with 10 or fewer employees may communicate the plan orally instead.
Key takeaways
- 1910.38(b) is part of OSHA's general industry standards (29 CFR Part 1910, Subpart E).
- OSHA cited it 286 times in the last 3 years, in 286 inspections, with $305,331 in current penalties.
- Most citations: VA (63), IL (29), PR (28).
- Free 5-minute toolbox talk for your crew below.
In this article
What this rule covers
29 CFR 1910.38(b) ("Written and oral emergency action plans") 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
(b) Written and oral emergency action plans. An emergency action plan must be in writing, kept in the workplace, and available to employees for review. However, an employer with 10 or fewer employees may communicate the plan orally to employees. 286 citations
Source: eCFR, text current as of 2026-10-15. Read all of 1910.38.
Where and how often it was cited
| Year | Citations |
|---|---|
| 2023 | 27 |
| 2024 | 129 |
| 2025 | 87 |
| 2026 | 43 |
Top states: VA (63), IL (29), PR (28), OH (20), AZ (15)
Largest penalties
| Employer | Location | Penalty for this rule |
|---|---|---|
| AMDEP HOLDINGS LLC | KISSIMMEE, FL | $11,585 |
| RHINO TIRES USA, LLC | ORLANDO, FL | $10,715 |
| KUNKEL ENTERPRISES, INC. | SMITHFIELD, VA | $9,710 |
| OZARK AUTOMOTIVE DISTRIBUTORS, INC. | MANASSAS, VA | $9,405 |
| TAMPA BRASS AND ALUMINUM CORPORATION | TAMPA, FL | $8,513 |
Free toolbox talk
A 5-minute crew talk on 1910.38(b), plus alerts when this rule changes. Free.
OSHA interpretation letters
- Clarification of whether employee emergency action or fire prevention plans need to be in written form (1990-02-05)
Get your crew competent
Trainers on Black Belt Safety: Marc Harvey, Dana Reyes
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Frequently asked questions
Must the emergency action plan be written?
Yes, it must be in writing, kept in the workplace and available to employees, unless the employer has 10 or fewer employees.
Can a small employer tell the plan to employees?
Yes. An employer with 10 or fewer employees may communicate the plan orally.
Where must the written plan be kept?
In the workplace, available to employees for review.
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 2026-10-20
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.