What the standard requires
29 CFR 1910.38 requires employers to have an Emergency Action Plan (EAP) whenever another OSHA standard requires one — most commonly when a fixed extinguishing system is present, when the fire prevention plan standard applies, or when hazardous waste operations, process safety management, or specific chemical standards trigger it. Even when not strictly required, an EAP is a fundamental safety program every employer should have.
An EAP must be in writing, kept in the workplace, and available for employee review — except that employers with 10 or fewer employees may communicate the plan orally.
Minimum required elements
Per 1910.38(c), the EAP must include, at a minimum:
- Procedures for reporting a fire or other emergency.
- Procedures for emergency evacuation, including type of evacuation and exit route assignments.
- Procedures to be followed by employees who remain to operate critical plant operations before they evacuate.
- Procedures to account for all employees after evacuation.
- Procedures to be followed by employees performing rescue or medical duties.
- The name or job title of every employee who may be contacted by employees who need more information about the plan or an explanation of their duties under the plan.
Alarm system
Per 1910.38(d), the employer must have and maintain an employee alarm systemthat uses a distinctive signal for each purpose and complies with 1910.165. The signal must be recognizable to all employees, including those with hearing or vision impairments. For workplaces with more than 10 employees, silent alarms alone are insufficient — audible alarms are required.
Employee training and drills
Under 1910.38(e), the employer must designate and train employees to assist in a safe and orderly evacuation. The plan must be reviewed with each employee:
- When the plan is developed or the employee is assigned initially to a job.
- When the employee's responsibilities under the plan change.
- When the plan itself is changed.
While OSHA doesn't mandate a specific drill frequency in 1910.38 itself, industry best practice — and other regulations (fire code, PSM, HAZWOPER) — often require at least annual drills. Document every drill: date, scenario, participants, evacuation time, lessons learned, and corrective actions.
Fire prevention plan (1910.39)
Frequently paired with the EAP, the fire prevention plan (FPP) covers the elements that prevent fires in the first place: a list of major fire hazards, procedures for handling and storage of flammables, ignition-source controls, housekeeping, name/job title of employees responsible for maintaining fire-prevention equipment and controls, and procedures for controlling fuel-source hazards.
Coordination with other standards
Several OSHA standards impose EAP-related requirements on top of 1910.38:
- Process Safety Management (1910.119) — Emergency planning and response for highly hazardous chemicals.
- HAZWOPER (1910.120) — Detailed emergency response plans for hazardous waste operations and emergency releases.
- Bloodborne Pathogens (1910.1030) — Post-exposure evaluation and follow-up.
- Confined Spaces (1910.146) — Rescue and emergency services for permit-required confined spaces.
Common citations
- 1910.38(a) — no written EAP where required.
- 1910.38(b) — plan not kept in the workplace / not available for employee review.
- 1910.38(c) — missing required elements (accountability procedure, alarm reporting, etc.).
- 1910.38(e) — plan not reviewed with employees.
- 1910.37(a)(3) — exit routes obstructed or inadequate lighting (paired citation with EAP failures).
Documentation checklist
- Written EAP with all six required elements.
- Written fire prevention plan (when required).
- Alarm system inspection and maintenance records.
- Employee training records tied to EAP review.
- Drill records (date, scenario, evacuation time, participants).
- Corrective-action log for issues identified in drills or actual events.
- Coordination with local emergency responders (pre-plan visits, if applicable).
Common mistakes we see
- Boilerplate plans with no site-specific detail. Meeting-room floorplans, actual muster points, actual escape routes — those matter.
- No accountability procedure. Everyone knows to evacuate; no one knows how to confirm everyone got out.
- No drills or drills without documentation. "We did one last year" without a signed record is the same as no drill.
- Plan not updated after moves, renovations, or new hazards.
How CSPC helps
Our team develops site-specific EAPs and fire prevention plans, delivers employee training, and facilitates evacuation drills with documented after-action reports — all part of our Baseline Blueprint and Compliance Compass programs.