What are the OSHA Emergency Action Plan Requirements?
The OSHA Emergency Action Plan requirements are that every qualifying employer must develop a Plan that meets minimum elements and must provide training on the Plan to key personnel. Qualifying employers must also implement and maintain an employee alarm system to alert employees to emergencies.
The OSHA Emergency Action Plan Requirements
The OSHA Emergency Action Plan requirements (as per §1910.38) are that qualifying employers must develop a plan that includes the following minimum elements:
- The procedures for reporting a fire or other emergency.
- The procedures for emergency evacuation, including type of evacuation and exit route assignments.
- The procedures to be followed by employees who remain to operate critical plant operations before they evacuate.
- The procedures to account for all employees after evacuation.
- The procedures to be followed by employees performing rescue or medical duties.
- The name or job title of every employee who may be contacted by employees who need more information about the plan or an explanation of their duties under the plan.
The Plan must be written and kept in the workplace for employees to review unless an employer has 10 or fewer employees, in which case the plan can be communicated verbally. Employers must also “review” the Plan with each employee at the start of their employment, whenever the employee’s responsibilities change, or whenever the plan is changed.
What are “Qualifying Employers”?
“Qualifying employers” are those required to have an Emergency Action Plan “whenever an OSHA standard in this part [OSHA Part 1910] requires one”. To save businesses scrolling through every applicable standard to see if they meet the criteria for a “Qualifying Employer”, guidance provided for compliance with the OSHA standard relating to portable fire extinguishers states:
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“If fire extinguishers are required or provided in the workplace, and if anyone will be evacuating during a fire or other emergency, then OSHA requires you to have an Emergency Action Plan”
There are exceptions to this Standard – for example if a business has systems in place to extinguish fires before an evacuation is necessary. Business unsure about whether they are required to comply with the OSHA Emergency Action Plan requirements can check whether or not they meet the criteria for a “Qualifying Employer” using this OSHA e-tool.
Who Should be Trained on the Contents of an Emergency Action Plan?
According to the OSHA Emergency Action Plan standard, only personnel involved in assisting a safe and orderly evacuation of the premises must receive OSHA training. However, it is important to be aware of other federal, state, or local regulations that may have more stringent emergency requirements than OSHA and that therefore preempt the OSHA EAP training requirements
An example of a federal regulation with training requirements that preempt OSHA is CMS’ Emergency Preparedness Rule. This Rule requires all organizations that participate in the Medicare program to provide training on emergency preparedness policies and procedures to all members of the workforce on commencement of their employment and annually thereafter.
How Do the OSHA EAP Requirements Align with CMS’ Emergency Preparedness Rule?
The OSHA EAP requirements align with CMS’ Emergency Preparedness Rule inasmuch as if an organization is in compliance with the CMS Rule it will have covered the minimum elements required by the OSHA Emergency Action Plan standard. However, complying with CMS’ Emergency Preparedness Rule does not absolve organizations from other OSHA compliance obligations.
For example, whereas CMS’ Emergency Preparedness Rule requires organization to have a communication plans for contacting emergency services, OSHA §1926.50 stipulates that phones used to call 911 must have caller ID capabilities activated, must provide the latitude and longitude of the emergency to 911 dispatchers, or must have some other location identifying measure.
Where to Find Help for Complying with the OSHA EAP Requirements
There is a great deal of help available for complying with the OSHA EAP requirements. Businesses can take advantage of the OSHA Evacuation Plans and Procedures e-tool or review the non.-mandatory guidance in the Appendix to Part 190 Subpart E – “Exit Routes, Emergency Action Plans, and Fire Prevention Plans. Alternatively, businesses can speak with their local OSHA office directly to see if they qualify for a free onsite consultation about the OSHA Emergency Action Plan requirements.
