OSHA Compliance Guide
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 map supports it.
What Does OSHA 1910.38 Require?
29 CFR 1910.38(a) requires an Emergency Action Plan (EAP) whenever an OSHA standard in part 1910 requires one, such as the portable fire extinguisher standard (1910.157) when employees are to evacuate rather than fight a fire. The plan must be in writing, kept in the workplace, and available to employees for review; an employer with 10 or fewer employees may communicate it orally.
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.
10 or fewer employees
The headcount does not decide whether you need an EAP; it decides the format. An employer with 10 or fewer employees may communicate the plan orally (1910.38(b)). 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
Evacuation procedures and routes
Procedures for employees who remain
Procedures for accounting for all employees
Rescue and medical duties
Emergency reporting procedures
Names / job titles of persons to contact
Employee alarm system
Training documentation
Need a starting point? Download our free emergency action plan template (PDF and Word) — it has a section for each required element and an evacuation map page.
Does OSHA 1910.38 Apply to My Industry?
- OfficesSector guide
Required whenever an OSHA standard calls for an EAP, e.g. 1910.157 when employees are to evacuate rather than use extinguishers. Business occupancy under NFPA 101 Ch. 38/39.
- Warehouses & DistributionSector guide
Same trigger as other general industry workplaces, e.g. 1910.157 for extinguishers. OSHA 1910.38 sets what the plan must contain.
- Restaurants & Food ServiceSector guide
Same trigger as other general industry workplaces. Fire codes add assembly rules for larger restaurants.
- Healthcare FacilitiesSector guide
OSHA applies to healthcare employers; hospitals and nursing homes also have CMS emergency preparedness rules (42 CFR 482.15 and 483.73).
- SchoolsSector guide
Federal OSHA covers private schools; public-school employees are covered only in states with an OSHA-approved State Plan. State education codes typically add their own requirements.
- HotelsSector guide
Applies to hotel employers. Guest evacuation plan is separate and governed by NFPA 101.
- Employers with 10 or fewer employees
The same trigger applies, but the plan may be communicated orally instead of in writing (1910.38(b)). 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 the Floor Plan for Your EAP
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.
OSHA 1910.38 FAQs
What is OSHA 29 CFR 1910.38?
29 CFR 1910.38 is the OSHA general industry standard for Emergency Action Plans (EAPs). It does not apply on its own: under paragraph (a), an employer must have an EAP whenever an OSHA standard in part 1910 requires one, and the rest of the section sets what the plan must contain. The plan must be in writing, kept in the workplace, and available to employees; an employer with 10 or fewer employees may communicate it orally.
Is OSHA 1910.38 the same as a fire evacuation plan?
They overlap but are not identical. OSHA 1910.38 requires an Emergency Action Plan that covers evacuation but also includes procedures for employees who must remain, rescue duties, medical duties, and emergency reporting procedures. A fire evacuation plan is a visual document (floor plan with routes) that is typically one component of the larger EAP. 1910.38 requires the written EAP, not a map; OSHA's guidance recommends maps, and your local fire code may require posted plans.
When must employees be trained on the Emergency Action Plan?
Under 1910.38(e), the employer must designate and train employees to assist in a safe and orderly evacuation. Under 1910.38(f), the employer must review the plan with each covered employee when the plan is developed or the employee is first assigned to a job, when the employee's responsibilities under the plan change, and when the plan changes. 1910.38 does not require training records, but dated records make it easier to show that each review took place. There is no prescribed frequency for recurring drills under 1910.38 itself, but NFPA 101 and state fire codes often require annual or more frequent drills.
Does OSHA 1910.38 apply to construction sites?
No. 29 CFR 1910.38 applies to general industry. Construction sites are covered by 29 CFR 1926.35 (Construction Industry Emergency Action Plans), which has similar but distinct requirements. If your company operates both general industry and construction worksites, you need separate EAPs that satisfy each applicable standard.
What happens if an OSHA inspection finds our EAP is missing required elements?
OSHA inspectors cite 1910.38 violations under "Other-Than-Serious" or "Serious" categories depending on severity. A missing EAP or one that lacks required elements can result in citations with penalties that vary based on the violation type and your company's history. More significantly, if a workplace emergency occurs without a proper EAP in place, penalties escalate significantly. Maintaining a current, compliant EAP with training documentation is both a legal requirement and a practical protection against penalties.