1910.38(f): Reviewing the Emergency Action Plan
Employers must review the emergency action plan with each covered employee when the plan is developed or the employee is first assigned to a job, when the employee's responsibilities under the plan change, and when the plan is changed.
Key takeaways
- 1910.38(f) is part of OSHA's general industry standards (29 CFR Part 1910, Subpart E).
- OSHA cited it 67 times in the last 3 years, in 66 inspections, with $105,825 in current penalties.
- Most citations: OH (13), MA (7), CT (7).
- Related part: 1910.38(f)(1) (30 citations).
- Free 5-minute toolbox talk for your crew below.
In this article
What this rule covers
29 CFR 1910.38(f) ("Review of emergency action plan") is one requirement inside 1910.38 Emergency action plans, an OSHA general industry standard (Part 1910, Subpart E). It includes 3 sub-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
(f) Review of emergency action plan. An employer must review the emergency action plan with each employee covered by the plan: 67 citations
(1) When the plan is developed or the employee is assigned initially to a job; Open (f)(1) 30 citations
(2) When the employee's responsibilities under the plan change; and 2 citations
(3) When the plan is changed. 9 citations
[67 FR 67961, Nov. 7, 2002]
Source: eCFR, text current as of 2026-10-15. Read all of 1910.38.
Where and how often it was cited
| Year | Citations |
|---|---|
| 2023 | 1 |
| 2024 | 30 |
| 2025 | 18 |
| 2026 | 18 |
Top states: OH (13), MA (7), CT (7), FL (5), TN (4)
Largest penalties
| Employer | Location | Penalty for this rule |
|---|---|---|
| KOCH FOODS OF CINCINNATI LLC | FAIRFIELD, OH | $16,550 |
| AB CAR RENTAL SERVICES, INC. | EGLIN AFB, FL | $13,500 |
| RACELAND RAW SUGAR, LLC | RACELAND, LA | $11,263 |
| GEODIS | BREINIGSVILLE, PA | $10,775 |
| VERANO HOLDINGS | CHESTER, PA | $8,341 |
Free toolbox talk
A 5-minute crew talk on 1910.38(f), plus alerts when this rule changes. Free.
OSHA interpretation letters
None exist. OSHA has not published a letter of interpretation for 1910.38(f).
Related parts of this rule
- 1910.38(f)(1) 30 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 a new worker?
When the employee is assigned initially to a job.
Does a plan change require a review?
Yes. The employer must review the plan with each covered employee when the plan is changed.
What if my role in the plan changes?
The plan must be reviewed with you when your responsibilities under the plan change.
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.