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General industry
OSHA’s Emergency Action Plans Standard, found at 29 CFR 1910.38, technically applies only to those employers who are required to have an emergency action plan by a particular OSHA standard, including:
However, for all practical purposes, all employers should develop an emergency action plan to ensure the safety of their employees should an emergency occur. Most reasonable people would agree that this action makes sense.
It should also be noted that several other general industry regulations require or recommend emergency-related plans, but these regulations do not state specifically that an emergency action plan in accordance with 1910.38 is required. These include:
Construction
Similarly, OSHA’s Employee Emergency Action Plans Standard for construction, found at 29 CFR 1926.35, applies only to those sites that are required to have an emergency action plan by a particular OSHA standard. Under 29 CFR 1926, these standards include:
In addition, according to 1926.60(e)(1)(iii), the Methylenedianiline (MDA) Standard also requires an emergency action plan, but this standard references the general industry emergency action plan requirement at 1910.38.
Note that a number of other construction regulations call for emergency-related plans, but these regulations do not state specifically that an emergency action plan in accordance with either 1910.38 or 1926.35 is required, including:
Again, for all practical purposes, all employers should develop a plan to ensure the safety of their employees should an emergency occur, whether or not OSHA requires such a plan.