Emergency action plan requirements: What you need to know

Emergency Action Plans (EAPs) are required only for employers subject to specific OSHA regulations like Process Safety Management or chemical-specific standards. However, OSHA encourages all employers to develop plans addressing reasonably expected emergencies. An EAP protects workers during crises and is considered sound emergency-preparedness practice even when not legally mandated.

Does your workplace need an emergency action plan?

Emergency Action Plans (EAPs) are not required for every general industry employer. Although, regulations under 29 CFR 1910.38 do require EAPs for sources that are subject to other OSHA regulations that specifically require them—for example, Process Safety Management of Highly Hazardous Chemicals (29 CFR 1910.119) and various chemical-specific regulations.

However, even when OSHA does not specifically require an EAP, having one is a sound emergency-preparedness practice. For an EHS manager, this distinction is important. “We’re not required to have one” is not the same as “we don’t need one.”

OSHA states that an EAP can help protect workers during an emergency, and its guidance encourages all employers to develop plans addressing emergencies that may reasonably be expected in the workplace.

What should an EAP contain?

The regulations under 29 CFR 1910.38 establish six minimum elements that are required for some facilities but should be in all EAPs. The plan must include:

Procedures for reporting a fire or other emergency
Emergency evacuation procedures, including the type of evacuation and exit-route assignments
Procedures for employees who remain temporarily to operate critical plant operations before evacuating
Procedures for accounting for employees after evacuation
Procedures for employees performing rescue or medical duties
The name or job title of employees who can provide additional information about the plan or explain assigned responsibilities

OSHA’s nonmandatory appendix to 29 CFR 1910, Subpart E provides additional guidance. It recommends that the plan addresses emergencies the employer may reasonably expect, including examples such as fires, toxic chemical releases, hurricanes, tornadoes, blizzards, and floods. OSHA also recommends that evacuation maps identify exits and assembly points.

For many workplaces, the plan should also address situations in which evacuation is not the appropriate response. OSHA recommends considering the conditions under which shelter-in-place may be preferable, as well as establishing a clear chain of command for ordering an evacuation or shutdown.

What about emergency response training?

Having an EAP on paper is only the beginning. Employees need to understand what they are expected to do when an emergency occurs.

Employers must designate and train employees to be evacuation wardens and assist in the safe and orderly evacuation of other employees. The regulation does not establish a specific employee-to-warden ratio.

However, OSHA guidance says that generally one evacuation warden for every 20 employees should be adequate, with enough wardens available during working hours.

Those designated employees should understand the workplace layout and alternative escape routes. OSHA also recommends that they understand how to assist employees who may need additional help evacuating and that they know areas that should be avoided during an emergency.

Wardens may also be responsible for checking offices, bathrooms, and other spaces before exiting, when doing so can be accomplished safely.

Training isn’t a one-time exercise. The employer must review the EAP with each covered employee when the plan is developed or the employee is initially assigned to a job, when the employee’s responsibilities change, and when the plan itself changes.

What makes an effective emergency action plan?

A good EAP answers a deceptively simple question: “What do we expect our people to do when something goes wrong?”

The answer should be specific. These questions form the foundation of your plan:

Who reports the emergency?
Who orders evacuation?
Where do employees go?
How are visitors and contractors accounted for?
Who, if anyone, remains behind to perform critical shutdown operations?
Who assists employees who need additional help?
Who communicates with emergency responders?

Perhaps most importantly, will employees know what to do without having to figure it out during the emergency?

For workplaces subject to 29 CFR 1910.38, those questions are regulatory requirements. For other workplaces, they are still fundamental elements of a responsible emergency-preparedness program.

An emergency is the wrong time to discover that your plan exists only in a binder or that employees have never been trained to use it.

Safety experts agree that knowing how to act quickly and properly in an emergency is the key to saving lives and preventing injuries.

FAQ: Emergency action plans

Is my business required to have an emergency action plan?

Not all businesses require an emergency action plan under OSHA. However, if your company is subject to other OSHA regulations like Process Safety Management or chemical-specific standards, you do need one. OSHA also encourages all employers to develop plans even when not legally required.

What’s the difference between evacuation and shelter-in-place?

Evacuation is the appropriate response for many emergencies such as fires. Shelter-in-place is preferable when it’s safer to remain indoors than evacuate, such as during a toxic chemical release outside. Your plan should identify which situations call for each response and establish a clear chain of command for ordering either action.

How often should we review the plan with employees?

Employers must review the emergency action plan with each covered employee when the plan is developed, when the employee is first assigned to a job, if the employee’s responsibilities change, and when the plan itself changes. This ongoing review ensures employees understand their role.

How many evacuation wardens should we designate?

According to OSHA guidance, you should generally have one evacuation warden for every 20 employees, with enough available during all working hours. Designated wardens should understand the workplace layout, alternative escape routes, and how to assist employees who may need additional help evacuating.