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In general, the Occupational Safety and Health Administration’s (OSHA) Standard 29 CFR 1910.38,
Emergency Action Plans, requires employers to develop plans to handle fires and
other emergencies that may require evacuation of the premises. Such plans must
be in writing, kept in the workplace, and be available to employees for review;
however, an employer with 10 or fewer employees may communicate the plan orally to employees.
This information is provided by OSHA and can be used by employers to identify their need to develop an
emergency action plan. It is important to note that this information does not
alert employers to other OSHA standards that may be associated with the
emergency plan or to the additional OSHA standards that apply to their facilities.
Primary questions
If you answer No to either of the first two questions below or Yes to all three questions below,
then you are required to develop an emergency action plan. Otherwise, continue
with the secondary questions below.
1. Are fire extinguishers provided in the workplace?
2. Are the fire extinguishers intended for employee use?
3. Will any of your workers be required to evacuate the workplace?
Secondary questions
If you answer Yes to any of the questions below, you are required to develop an emergency action
plan in compliance with the Emergency Action Plan standard (29 CFR 1910.38).
1. Does your facility use a total flooding extinguishing system that provides any one of the following design concentrations:
- 4 percent or greater of Halon 1211?
- 4 percent or greater of carbon dioxide?
- 10 percent or greater of Halon 1301?
- Concentrations exceeding 7 percent when egress from an area cannot be accomplished in one minute?
2. Does your facility use a fire detection system with alarms or devices that are delayed by more than 30 seconds for reasons other than a total flooding extinguishing system listed above?
3. Are you required to comply with 29 CFR 1910.119 Process Safety Management?
4. Are you required to comply with 29 CFR 1910.272 Grain Handling Facilities?
5. Are you required to comply with 29 CFR 1910.1047 Ethylene Oxide?
6. Are you required to comply with 29 CFR 1910.1050 Methylenedianiline?
7. Are you required to comply with 29 CFR 1910.1051 1,3-Butadiene?
8. Do you plan to evacuate all of your employees and to rely on an outside party to provide emergency response to a hazardous substance release?
Note: If a hazardous substance emergency could occur at your facility and
you plan to have any of your employees participate in the emergency response,
you are required to have an emergency response plan consistent with 29 CFR
1910.120(q) (Hazardous Waste Operations and Emergency Response).
COPYRIGHT ©2003, ISO Services Properties, Inc.
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