Emergency Action Plans: What OSHA Requires and What Leaders Own

Most crisis leadership happens after something has gone wrong. The emergency action plan is the part you do beforehand, when there is time to think. It answers basic questions that are surprisingly hard to settle in the middle of a fire alarm: who can order an evacuation, where people should gather, and how you will know everyone got out.

OSHA, the federal workplace safety agency, describes the purpose of an emergency action plan (EAP) as facilitating and organizing employer and employee actions during workplace emergencies. It also warns that a poorly prepared plan will likely lead to a disorganized evacuation or response, "resulting in confusion, injury, and property damage."

This guide covers what OSHA's rule requires, what OSHA recommends beyond the minimum, and the parts of the plan that leaders, not just safety staff, need to own. It summarizes federal guidance and is not legal advice; check the rules that apply to your industry and location.

When OSHA requires an emergency action plan

The federal rule is 29 CFR 1910.38. It says an employer must have an emergency action plan whenever an OSHA standard in that part requires one. In other words, the requirement is triggered by specific OSHA standards rather than applying automatically to every business. Even where it is not required, the rule's elements are a sensible checklist for any workplace.

When a plan is required, it must be in writing, kept in the workplace and available to employees. There is one notable exception: an employer with 10 or fewer employees may communicate the plan orally.

The six minimum elements

Under 1910.38(c), an emergency action plan must include at a minimum:

1. Procedures for reporting a fire or other emergency.
2. Procedures for emergency evacuation, including the type of evacuation and exit route assignments.
3. Procedures for employees who remain to operate critical plant operations before they evacuate.
4. Procedures to account for all employees after evacuation.
5. Procedures for employees performing rescue or medical duties.
6. The name or job title of every employee who can be contacted for more information about the plan or an explanation of their duties.

The rule also requires an employee alarm system with a distinctive signal for each purpose, and it requires the employer to designate and train employees to assist in a safe and orderly evacuation.

OSHA's guidance notes that a very simple plan will suffice in offices, small retail shops and small manufacturing settings with few or no hazardous materials, where employees evacuate when alarms sound. Workplaces with hazardous materials, or where employees fight fires or perform rescue duties, need more complex plans.

What OSHA suggests beyond the minimum

OSHA's eTool on evacuation plans lists several items that are not specifically required but may be helpful:

• A description of the alarm system, including how employees with disabilities will be notified.
• An alternative communications center to use in the event of a fire or explosion.
• A secure on- or offsite location for copies of essential records, including employees' emergency contact lists.

Its guidance on evacuation elements adds more decisions to make in advance: the conditions that call for evacuation versus sheltering in place, a clear chain of command with the person authorized to order an evacuation or shutdown, and procedures for helping visitors and employees evacuate, particularly those with disabilities or who do not speak English.

The parts leaders need to own

Several pieces of an emergency action plan are leadership decisions, not paperwork.

Authority. OSHA describes the common practice of selecting a coordinator to lead the plan and evacuation, and says it is critical that employees know who the coordinator is and that this person has the authority to make decisions during emergencies. If a supervisor is unsure whether they are allowed to stop production and send everyone outside, that hesitation costs time. Leaders should make the authority explicit and back it publicly.

Wardens. OSHA notes that many employers designate evacuation wardens and suggests that one warden for every 20 employees should generally be adequate, with enough wardens available at all times during working hours. That last part matters for organizations with multiple shifts, remote days or frequent travel.

Accountability. OSHA recommends designating assembly areas, taking a head count, and passing the names and last known locations of anyone missing to the official in charge. It also recommends a method for accounting for non-employees, such as suppliers and customers. Some employers have visitors and contractors sign in on arrival and use that list at the assembly area.

Coordination with responders. OSHA's guidance explains that when emergency officials such as the fire department respond, they assume responsibility for the safety of building occupants and the highest-ranking responder takes the incident command role. Ready.gov recommends talking with fire, police and emergency medical services in advance to understand their response time to your facility and their knowledge of its hazards.

Training, drills and reviews

A plan only works if people know it. The rule requires employers to review the plan with each covered employee when the plan is developed or the employee is first assigned, when the employee's responsibilities under the plan change, and when the plan changes.

OSHA's guidance goes further, suggesting that employers consider retraining employees annually and hold practice drills in which employees evacuate and gather in the assembly area. It recommends including outside resources such as fire and police departments when possible and, after each drill, bringing management and employees together to evaluate what worked and what didn't. Our guide to after-action reviews describes a simple format for that conversation.

For example, imagine a two-floor dental clinic with 14 staff and a waiting room full of patients. A drill might reveal that nobody was assigned to check the restrooms, that the hygienist with a patient in the chair didn't hear the alarm, and that the front desk printout of the day's appointments is the only way to account for patients. Each finding becomes a small, concrete fix.

Keeping the plan current

OSHA warns that an outdated plan will be of little use in an emergency. It recommends reviewing the plan regularly and updating it when responsibilities change, when the layout changes, or when new equipment, hazardous materials, processes or hazards are introduced.

One practical tip from the same guidance: the most common outdated item in plans is facility and agency contact information. OSHA suggests putting that information on a separate page at the front of the plan so it is easy to update.

Key takeaways

• 29 CFR 1910.38 requires an emergency action plan when a specific OSHA standard calls for one; its elements are a good baseline for any workplace.
• The six minimum elements cover reporting, evacuation, critical operations, accounting for employees, rescue and medical duties, and contacts.
• Employers with 10 or fewer employees may communicate the plan orally.
• Leaders should own the decisions on authority, wardens, accountability and coordination with responders.
• Drill the plan, review it with employees afterward, and keep contact details on an easy-to-update front page.

Sources

• eCFR, 29 CFR 1910.38 Emergency action plans
• OSHA, Evacuation Plans and Procedures eTool: Emergency Action Plan
• OSHA, Evacuation Plans and Procedures eTool: Minimum Requirements
• OSHA, Evacuation Plans and Procedures eTool: Evacuation Elements
• OSHA, Evacuation Plans and Procedures eTool: Develop and Implement an Emergency Action Plan
• Ready.gov (U.S. Department of Homeland Security), Emergency Response Plan