Accessibility Tools

Skip to main content

Prepare for the Worst and Hope for the Best

Written on .

Last week, an EF-3+ tornado touched down in the city where I live, so it is not surprising that the concept of disaster preparedness is on my mind. (Thankfully, my family and I suffered no damage).

Is your business prepared if a disaster were to strike? And is your business required by OSHA to have a written emergency action plan?

According to OSHA, an emergency action plan (EAP) is intended to facilitate and organize employer and worker actions during workplace emergencies and is recommended for all employers. Well-developed emergency plans and proper worker training (i.e., so that workers understand their roles and responsibilities within the plan) will result in fewer and less severe worker injuries and less damage to the facility during emergencies. A poorly prepared plan may lead to a disorganized evacuation or emergency response, resulting in confusion, injury, illness (due to chemical, biological and/or radiation exposure), and/or property damage.

Two OSHA standards (29 CFR 1910.38(a) and 29 CFR 1926.35) require written EAPs. Not all employers are required to establish an EAP but developing an EAP is a good way to protect workers and businesses during an emergency. Emergency preparedness is a well-known concept in protecting workers’ safety and health.

At a minimum, for businesses that are required to to have an EAP, the plan must include:

  • A preferred method and/or procedures for reporting fires and other emergencies (29 CFR 1910.38(c)(1) and 29 CFR 1926.35(b)(5));
  • Emergency escape procedures and route assignments, such as floor plans, workplace maps, and safe or refuge areas (example shown below) (29 CFR 1910.38(c)(2) and 29 CFR 1926.35(b)(1));
  • Procedures to account for all workers after an evacuation, such as designating an assembly location (e.g., a safe/refuge area) (29 CFR 1910.38(b)(4) and 29 CFR 1926.35(b)(3))
  • Names, titles, departments, and telephone numbers of individuals both within and outside the company to contact for additional information or explanation of duties and responsibilities under the emergency plan (29 CFR 1910.38(c)(6) and 29 CFR 1926.35(b)(6));
  • Procedures for workers who remain to perform or shut down critical plant operations, operate fire extinguishers, or perform other essential services that cannot be shut down for every emergency alarm before evacuating (29 CFR 1910.38(c)(3) and 29 CFR 1926.35(b)(2)); and
  • Rescue and medical duties for any workers designated to perform them (29 CFR 1910.38(c)(5) and 29 CFR 1926.35(b)(4)).
  • Names, titles, departments, and telephone numbers of individuals both within and outside the company to contact for additional information or explanation of duties and responsibilities under the emergency plan (29 CFR 1910.38(c)(6) and 29 CFR 1926.35(b)(6));
  • Procedures for workers who remain to perform or shut down critical plant operations, operate fire extinguishers, or perform other essential services that cannot be shut down for every emergency alarm before evacuating (29 CFR 1910.38(c)(3) and 29 CFR 1926.35(b)(2)); and
  • Rescue and medical duties for any workers designated to perform them (29 CFR 1910.38(c)(5) and 29 CFR 1926.35(b)(4)).

And don’t forget to perform regular evacuation drills so that employees actually know what to do and where to go in the event of an emergency.

Kathleen J. Jennings
Former Principal

Kathleen J. Jennings is a former principal in the Atlanta office of Wimberly, Lawson, Steckel, Schneider, & Stine, P.C. She defends employers in employment matters, such as sexual harassment, discrimination, Wage and Hour, OSHA, restrictive covenants, and other employment litigation and provides training and counseling to employers in employment matters.

Get Email Updates

Receive newsletters and alerts directly in your email inbox. Sign up below.

Recent Content

promo graphic, Responding to a Plaintiff Attorney’s Demand Letter
It is quite common for plaintiff’s attorneys to write a letter to a company, popularly called a “demand letter,” claiming the employer has…
scales of justic and gavel
On June 9, 2026, the U.S. House of Representatives passed the Faster Labor Contracts Act (FLCA), a concept long supported by organized labo…
gavel, court room table
In a Department of Justice (DOJ) Memo issued on June 9, 2026, the DOJ has re-evaluated the Equal Employment Opportunity Commission’s (EEOC)…
woman symbol lineup
The U.S. Supreme Court has upheld the laws of two states reserving female teams for biological females, finding such laws do not violate ei…
stack of reports
A vote on July 21, 2026, was 2-1 by the EEOC Commissions to end workforce demographic data collections.  A notice of rulemaking must appear…
pile of cash
Individuals and corporations can begin making contributions to tax-advantaged investment accounts for children starting July 4, 2026, and s…