Emergency Action Plans
29 CFR 1910.38 — Your Written Plan for Every Emergency

What Is an Emergency Action Plan?

An Emergency Action Plan (EAP) is a written document required by OSHA under 29 CFR 1910.38 that describes the actions employers and employees must take to ensure safety during workplace emergencies. The plan is not a suggestion or a best-practice guideline — it is a regulatory requirement. An EAP covers how to report emergencies, how to evacuate (or shelter in place), how to account for everyone after an event, and who is responsible for what. The goal is simple: when something goes wrong, every person in the building already knows what to do, where to go, and who to call.

An EAP applies to all general industry workplaces covered by OSHA's standards. It is not limited to high-hazard facilities. Whether you operate an office building, a warehouse, a hospital, a school, or a manufacturing plant, you need an Emergency Action Plan.

When Is a Written EAP Required?

Any employer covered by OSHA's general industry standards who has more than 10 employees must maintain the EAP as a written document kept in the workplace and available for employee review. Employers with 10 or fewer employees may communicate the plan orally rather than in writing, though a written plan is still best practice even for small shops.

Beyond 1910.38 itself, the EAP is cross-referenced by many other OSHA standards. 1910.157 (portable fire extinguishers) requires an EAP if the employer chooses total evacuation rather than employee extinguisher use. 1910.119 (Process Safety Management) requires an EAP for facilities handling highly hazardous chemicals. 1910.120 (HAZWOPER) references emergency response planning for hazardous waste operations. In practice, if any OSHA standard your facility must comply with mentions emergency procedures, it points back to 1910.38.

Required Elements of an EAP

Per 29 CFR 1910.38(c), every Emergency Action Plan must include all seven of the following elements:

Types of Emergencies an EAP Should Address

While OSHA 1910.38 focuses primarily on fire evacuation, a comprehensive EAP should address every foreseeable emergency scenario for the specific workplace. The response differs by hazard — not every emergency means “get out of the building.”

Evacuation vs. Shelter-in-Place

Different emergencies demand different responses, and the EAP must clearly spell out when employees should evacuate and when they should shelter in place. Fire is always an evacuation event — get out, stay out. Tornado is always a shelter event — move to an interior room on the lowest floor, away from exterior walls and windows. Chemical releases depend on the location of the hazard: if the spill is inside, evacuate upwind; if a toxic cloud is passing outside, shelter in place, seal the room, and shut down HVAC.

For active-shooter situations, the accepted framework is Run / Hide / Fight: evacuate if there is a safe escape path; if not, barricade yourself in a locked room and stay silent; fight the attacker only as an absolute last resort. The EAP should reference this framework explicitly and note that active-shooter response training should be provided in addition to the standard fire-drill program.

Fire Drills — NFPA 101 Frequencies

OSHA itself does not specify a fire drill frequency, but NFPA 101 (Life Safety Code) — adopted by CMS, TJC, and most state fire codes — mandates drills at specific intervals by occupancy type:

Every drill should be documented: date, time, number of participants, total evacuation time, deficiencies noted, and corrective actions taken. This documentation is what surveyors and OSHA inspectors ask for first.

Employee Training Requirements

Under 29 CFR 1910.38(e), employers must train employees on the EAP at four specific trigger points:

OSHA does not mandate a specific retraining frequency beyond these triggers. However, annual refresher training is universally recognized as best practice and is expected by accreditation bodies like The Joint Commission and CMS. Training should cover exit routes, assembly points, alarm recognition, and any role-specific duties such as floor warden responsibilities or AED use.

Assembly Points & Accountability

Assembly points are pre-designated locations outside the building where employees gather after evacuating. They must be far enough from the building to avoid re-entry risk and clear of fire-department staging areas — typically 200 to 500 feet from the structure, depending on the hazard. Each department or floor should have a specific assembly point so that accountability can be performed quickly.

Accountability means confirming that every person who was in the building is now accounted for. Methods include headcount by supervisors, roll call from a roster, or electronic badge-out systems. Accountability is not optional — it is one of the seven required elements of the EAP. A missing headcount means firefighters may risk their lives searching for someone who already left from a different exit.

Common Deficiencies

Georgia Context

Georgia is a federal OSHA state, meaning 29 CFR 1910.38 applies directly without modification. There is no separate Georgia state OSHA plan for private-sector employers. The Georgia Fire Code (based on the International Fire Code) also requires fire safety and evacuation plans for certain occupancies under IFC Chapter 4, including high-rise buildings, assembly occupancies, educational occupancies, and healthcare facilities. In practice, if your facility must comply with both OSHA and the local fire code, the EAP should satisfy both requirements simultaneously.

References