3.2 Emergency Action Plans (EAP) & Fire Prevention Plans (FPP)
Key Takeaways
- An Emergency Action Plan (EAP) under 29 CFR 1910.38 must be in writing, kept in the workplace, and available to all employees; employers with 10 or fewer employees may communicate the plan orally.
- OSHA mandates six minimum elements in an EAP: emergency reporting procedures, evacuation procedures and route assignments, critical plant operation shutdown procedures, employee headcount accounting, rescue and medical duty assignments, and designated contact personnel.
- Employers must review the EAP with employees upon initial assignment, when their responsibilities under the plan change, and whenever the plan itself is revised.
- Under 29 CFR 1910.165, employee alarm systems must be distinctive, perceptible above ambient noise and light levels, and provide tactile/visual alerts for hearing-impaired personnel.
- A Fire Prevention Plan (FPP) under 29 CFR 1910.39 requires listing major workplace fire hazards, potential ignition sources, control procedures, waste accumulation housekeeping, and regular maintenance of heat-producing equipment.
3.2 Emergency Action Plans (EAP) & Fire Prevention Plans (FPP)
Quick Answer: OSHA requires an Emergency Action Plan (EAP) under 29 CFR 1910.38 to organize employer and employee actions during workplace emergencies, and a Fire Prevention Plan (FPP) under 29 CFR 1910.39 to control fire hazards before an ignition occurs. Both plans must be written, kept in the workplace, and accessible to employees, with an exception allowing employers with 10 or fewer employees to communicate the plans orally. An EAP must contain six mandatory elements, including evacuation procedures, shutdown duties for critical operations, employee accounting methods, and contact personnel.
When a fire, chemical spill, structural collapse, or natural disaster strikes a facility, panic and confusion can cause severe injuries and fatalities. Having a well-developed, rehearsed emergency plan ensures that every worker knows exactly how to report an incident, which route to take, where to assemble, and who is responsible for accounting for personnel.
Emergency Action Plans (29 CFR 1910.38)
An Emergency Action Plan is a comprehensive document that outlines the specific actions employees and management must take to ensure personal safety during an emergency.
When is an EAP Required?
OSHA does not automatically mandate an EAP for every single business. However, an EAP is legally required whenever an applicable OSHA standard requires it. Key standards triggering an EAP include:
- 29 CFR 1910.157 (Portable Fire Extinguishers) — If the employer elects total evacuation or designated employee evacuation rather than general employee fire fighting.
- 29 CFR 1910.119 (Process Safety Management of Highly Hazardous Chemicals).
- 29 CFR 1910.120 (Hazardous Waste Operations and Emergency Response - HAZWOPER).
- 29 CFR 1910.1047 (Ethylene Oxide).
- 29 CFR 1910.272 (Grain Handling Facilities).
Written Plan vs. Oral Communication Rule
- More than 10 Employees: The EAP must be in writing, maintained at the workplace, and made available to all employees for review at any time.
- 10 or Fewer Employees: Employers with 10 or fewer employees may communicate the plan orally rather than maintaining a written document (29 CFR 1910.38(b)). However, all required elements and procedures must still be thoroughly taught and understood.
+-------------------------------------------------------------------------+
| WRITTEN VS. ORAL PLAN THRESHOLDS |
| |
| EMPLOYEE HEADCOUNT PLAN REQUIREMENT |
| ------------------ ---------------- |
| |
| 1 to 10 Employees ======> Oral Communication Permitted |
| (Must cover all 6 elements) |
| |
| 11+ Employees ======> WRITTEN PLAN MANDATORY |
| (Maintained at workplace, |
| accessible to all employees) |
| |
+-------------------------------------------------------------------------+
The Six Mandatory Elements of an EAP
Under 29 CFR 1910.38(c), an Emergency Action Plan must include, at a minimum, the following six core elements:
+-------------------------------------------------------------------------+
| THE SIX MANDATORY EAP ELEMENTS |
| |
| 1. REPORTING PROCEDURES |
| Procedures for reporting a fire or other emergency (911, pull box) |
| |
| 2. EVACUATION PROCEDURES & ROUTE ASSIGNMENTS |
| Procedures for emergency evacuation and exit route assignments |
| |
| 3. CRITICAL PLANT OPERATIONS |
| Procedures for employees who remain to operate critical equipment |
| |
| 4. EMPLOYEE ACCOUNTING |
| Procedures to account for all employees after evacuation (headcount)|
| |
| 5. RESCUE AND MEDICAL DUTIES |
| Procedures for employees assigned rescue or medical responsibilities|
| |
| 6. CONTACT PERSONS |
| Names/titles of persons who can explain duties under the plan |
| |
+-------------------------------------------------------------------------+
1. Emergency Reporting Procedures
Clear, standardized methods for employees to report fires, chemical spills, or medical emergencies. Examples include manual pull stations, internal emergency telephone numbers, public address announcements, or two-way radios.
2. Evacuation Procedures and Route Assignments
Detailed instructions specifying under what conditions evacuation is required, the type of evacuation (total facility evacuation, partial evacuation, or shelter-in-place), primary and secondary evacuation routes, and designated exterior assembly locations.
3. Critical Plant Operations Procedures
Specific procedures for designated employees who must remain behind temporarily to shut down critical equipment before evacuating. This includes shutting off main natural gas supplies, de-energizing electrical substations, neutralizing hazardous chemical feed lines, or operating backup generators. Operating durations must be strictly defined to prevent trapping personnel.
4. Accounting for All Employees (Headcount Protocol)
A reliable, systematic procedure to account for all workers, contractors, and visitors after an evacuation. This requires designating specific outdoor assembly areas, assigning evacuation wardens, conducting roll calls, and establishing a rapid communication channel to notify emergency first responders of any unaccounted-for individuals.
5. Rescue and Medical Duties
Procedures for employees designated by the employer to perform rescue operations or administer first aid/CPR. General workers must never attempt structural fire rescue; rescue operations are restricted to trained, properly equipped emergency response teams.
6. Contact Personnel for Plan Inquiries
The names or job titles of individuals who can be contacted by employees needing further information or an explanation of their duties under the plan.
| | EAP Element | Regulatory Citation | Key Requirement / Operational Purpose |
|---|---|---|
| 1. Reporting | 29 CFR 1910.38(c)(1) | Defines exact reporting methods (pull boxes, internal dispatch, 911) |
| 2. Evacuation | 29 CFR 1910.38(c)(2) | Specifies primary/secondary routes, exit assignments, assembly areas |
| 3. Critical Operations | 29 CFR 1910.38(c)(3) | Protocols for employees executing emergency shutdown of hazardous plant systems |
| 4. Headcount Accounting | 29 CFR 1910.38(c)(4) | Designates muster points and roll call system to verify all personnel escaped |
| 5. Rescue / Medical | 29 CFR 1910.38(c)(5) | Identifies trained staff assigned to first aid/medical/rescue tasks |
| 6. Contact Personnel | 29 CFR 1910.38(c)(6) | Lists names/job titles of plan coordinators available for employee inquiries |
Employee Alarm Systems (29 CFR 1910.165)
An emergency action plan is useless if employees are unaware that an emergency is underway. OSHA 29 CFR 1910.165 governs employee alarm systems:
- Perceptibility: Alarms must be capable of being perceived above ambient noise or light levels by all employees in the affected area. In high-noise environments (such as stamping plants or generator rooms), audible sirens must be supplemented with high-intensity strobe lights.
- Distinctive Signal: The alarm sound or visual pattern used for emergency evacuation must be unique and recognizable, preventing confusion with routine shift bells, telephone rings, or maintenance warnings.
- Accessibility: Manual alarm actuation devices (such as pull boxes) must be unobstructed, readily accessible, and clearly marked.
- Testing and Maintenance: Alarms must be tested regularly for operability, and backup power supplies must be maintained.
Employee Training and Plan Review Triggers
Under 29 CFR 1910.38(e) and (f), employers must designate and train a sufficient number of evacuation wardens to assist in safe, orderly egress. Furthermore, the employer must review the EAP with each covered employee at three mandatory trigger points:
+-------------------------------------------------------------------------+
| MANDATORY EAP EMPLOYEE REVIEW TRIGGERS |
| |
| [ Trigger 1 ] --> When the plan is initially developed OR when an |
| employee is newly assigned to a job position |
| |
| [ Trigger 2 ] --> When the employee's responsibilities or assigned |
| actions under the plan change |
| |
| [ Trigger 3 ] --> Whenever the plan itself is revised, amended, or |
| facility layout is modified |
| |
+-------------------------------------------------------------------------+
- Initial Assignment: When the plan is first created, or when an employee is newly hired or assigned to a facility.
- Change in Duties: When an employee's assigned duties or actions under the plan change (such as being designated as an evacuation warden or critical shutdown operator).
- Plan Revisions: Whenever the plan is amended due to facility layout alterations, process changes, or updated evacuation paths.
Fire Prevention Plans (29 CFR 1910.39)
While an EAP dictates what to do after an emergency occurs, a Fire Prevention Plan (FPP) focuses on proactive hazard control to prevent fires from igniting in the first place.
Written vs. Oral Rule for FPP
Like the EAP, an FPP must be in writing, kept in the workplace, and accessible to employees. Employers with 10 or fewer employees may communicate the plan orally.
Mandatory Elements of a Fire Prevention Plan (29 CFR 1910.39(c))
An FPP must include the following minimum information:
- Hazard Inventory: A list of all major workplace fire hazards, proper handling and storage procedures for hazardous materials, potential ignition sources (such as welding, space heaters, static electricity) and their control procedures, and the type of fire protection equipment necessary to control each major hazard.
- Housekeeping Controls: Procedures to control accumulations of flammable and combustible waste materials (e.g., daily disposal of solvent-soaked rags in self-closing metal cans, dust collection system maintenance).
- Safeguard Maintenance: Procedures for regular maintenance of safeguards installed on heat-producing equipment (e.g., thermal cutoffs, burner controls, spark arrestors) to prevent accidental ignition.
- Ignition Control Personnel: The name or job title of employees responsible for maintaining equipment to prevent or control sources of ignition or fires.
- Fuel Control Personnel: The name or job title of employees responsible for controlling fuel source hazards.
Employee Information (29 CFR 1910.39(d))
An employer must inform employees upon initial assignment of the fire hazards to which they are exposed, and review with them those parts of the FPP necessary for self-protection.
| Comparison Feature | Emergency Action Plan (EAP) - 1910.38 | Fire Prevention Plan (FPP) - 1910.39 |
|---|---|---|
| Primary Objective | Safe response and evacuation during an emergency | Proactive control and prevention of fire hazards |
| Core Content | 6 elements: reporting, evacuation, shutdown, headcount, rescue, contacts | Hazard inventory, ignition controls, waste housekeeping, equipment maintenance |
| Oral Plan Threshold | Permitted for employers with $\le 10$ employees | Permitted for employers with $\le 10$ employees |
| Training Focus | Escape routes, assembly points, alarms, warden duties | Material handling, ignition source controls, combustible housekeeping |
Under OSHA 29 CFR 1910.38(b), under what specific condition is an employer permitted to communicate an Emergency Action Plan orally to employees rather than maintaining a written document?
Under 29 CFR 1910.38(f), an employer must review the Emergency Action Plan with each covered employee under which set of circumstances?
Which of the following elements is a mandatory component of a Fire Prevention Plan under 29 CFR 1910.39(c), rather than an Emergency Action Plan under 29 CFR 1910.38(c)?