OSHA 29 CFR 1910.38: Emergency Action Plan Requirements
Everything employers need to know about OSHA's Emergency Action Plan standard — what it requires, who it applies to, what must be in the written plan, and how a posted evacuation plan satisfies it.
What Does OSHA 1910.38 Require?
29 CFR 1910.38 requires general industry employers with 10 or more employees to maintain a written Emergency Action Plan (EAP). The plan must be kept at the workplace and made available to employees for review. Employers with fewer than 10 employees may communicate the plan orally rather than in writing.
The EAP is broader than a fire evacuation plan — it must address all emergency scenarios the employer has identified, which may include fire, chemical spills, active threats, medical emergencies, and natural disasters. The evacuation component is the most visible part of the plan, but the written document must also address employee roles, accountability, and communication procedures.
OSHA 1910.38 is a minimum federal standard. State OSHA plans (in states with their own occupational safety programs) may impose additional requirements. Local fire codes and NFPA standards typically add posting and drill requirements on top of what 1910.38 requires.
The 10-employee threshold
Employers with fewer than 10 employees may use an oral plan rather than a written one. However, local fire codes (NFPA 101, IFC) often require posted floor plans with exit routes regardless of employer size. Even for small employers, a posted evacuation plan is recommended best practice.
Required Elements of an OSHA 1910.38 EAP
The regulation specifies six required elements. Two additional best-practice elements are shown below (not explicitly required by 1910.38 but required by other standards or best practice).
Preferred means of egress and escape route assignments for each area of the facility. Must be specific enough that employees know exactly where to go.
Some employees may need to shut down critical equipment before evacuating (power, gas, chemicals). The EAP must document these procedures.
Post-evacuation headcount procedure — how supervisors verify every employee has evacuated and how missing persons are reported.
If any employees are assigned rescue or medical duties, they must be documented along with their training requirements.
How to report a fire or other emergency — typically the local emergency number (911) and an internal number for notifying supervisors.
Employees must be able to get more information about the EAP from specific named contacts. At least one name must be listed.
If an alarm system is used, the EAP must describe what the alarm sounds like and what action employees should take when they hear it.
Training records showing that each employee received EAP training during onboarding and whenever the plan changes.
Does OSHA 1910.38 Apply to My Industry?
1910.38 applies to all general industry employers with 10+ employees. Here's how it interacts with sector-specific requirements.
Any office with 10+ employees. Business occupancy under NFPA 101 Ch. 38/39.
Nearly all warehouses have 10+ employees. OSHA 1910.38 is the primary federal EAP requirement.
Applies to food service employers with 10+ employees. Many restaurants qualify.
Required, but CMS and TJC regulations are more stringent — full compliance with those satisfies OSHA 1910.38.
Applies as an employer. State education codes typically impose stricter requirements.
Applies to hotel employers. Guest evacuation plan is separate and governed by NFPA 101.
OSHA 1910.38 only requires a written EAP for employers with 10 or more employees. Under 10, an oral plan is permitted. Local fire codes may still require a posted plan.
EAP vs. Evacuation Plan: What's the Difference?
Emergency Action Plan (EAP)
OSHA 1910.38 — the written document
- Written policy document
- Names specific contacts and roles
- Covers all emergency types
- Includes training requirements
- Kept on file / available to employees
- Not typically posted on walls
Evacuation Plan / Floor Plan
NFPA 101 / IFC — the visual document
- Visual floor plan with routes marked
- ISO 7010 symbols for equipment
- Assembly point shown
- Posted on walls at key locations
- One per floor / area
- Must be updated when layout changes
Both are required. The EAP is the policy; the floor plan is the operational visual aid.
Create Your OSHA-Compliant Evacuation Plan
Fabrik generates the visual evacuation floor plan component of your EAP. Import your building plan, add ISO 7010 symbols, mark exit routes and assembly points, and export a print-ready PDF in minutes.