1910.38(f)(1): Reviewing the Emergency Action Plan at First Assignment
Employers must review the emergency action plan with each employee covered by the plan when the plan is developed or when the employee is first assigned to a job.
Key takeaways
- 1910.38(f)(1) is part of OSHA's general industry standards (29 CFR Part 1910, Subpart E).
- OSHA cited it 30 times in the last 3 years, in 30 inspections, with $35,804 in current penalties.
- Most citations: OH (6), TN (4), AK (3).
- Related part: 1910.38(f) Review of emergency action plan (67 citations).
- Free 5-minute toolbox talk for your crew below.
In this article
What this rule covers
29 CFR 1910.38(f)(1) 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
(1) When the plan is developed or the employee is assigned initially to a job; 30 citations
Source: eCFR, text current as of 2026-10-15. Read all of 1910.38.
Where and how often it was cited
| Year | Citations |
|---|---|
| 2024 | 18 |
| 2025 | 5 |
| 2026 | 7 |
Top states: OH (6), TN (4), AK (3), PA (2), FL (2)
Largest penalties
| Employer | Location | Penalty for this rule |
|---|---|---|
| AB CAR RENTAL SERVICES, INC. | EGLIN AFB, FL | $13,500 |
| GEODIS | BREINIGSVILLE, PA | $10,775 |
| PROGEN INDUSTRIES, LLC | MULBERRY, FL | $2,979 |
| LINEAGE LOGISTICS SERVICES, LLC | ARLINGTON, TN | $2,450 |
| ELECTIVE STAFFING MIDSOUTH, LLC | ARLINGTON, TN | $2,450 |
Free toolbox talk
A 5-minute crew talk on 1910.38(f)(1), plus alerts when this rule changes. Free.
OSHA interpretation letters
None exist. OSHA has not published a letter of interpretation for 1910.38(f)(1).
Related parts of this rule
- 1910.38(f) Review of emergency action plan 67 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
When must the emergency action plan be reviewed with an employee?
When the plan is developed or when the employee is initially assigned to a job, under this paragraph.
Who needs the review?
Each employee covered by the plan.
Does the review apply when the plan is first written?
Yes. A review is required when the plan is developed.
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.