When it comes to workplace safety, what should we include in our emergency response plan?
Quick Answer
The main components of an emergency response plan are how to report an emergency, evacuation procedures, how to account for everyone following evacuation, who is responsible for rescue and medical duties, and contact information for anyone who has questions about the plan.
Legal Perspective
Leadership Council on Legal Diversity
Sandy, Utah
In any work environment, prioritizing the safety of employees during emergencies is paramount and legally required, says employment law attorney Karina Sargsian.
The Occupational Safety and Health Administration (OSHA) mandates the implementation of an Emergency Action Plan (EAP), designed to guide actions during on-the-job emergencies.
Key Requirements of OSHA’s EAP (29 C.F.R. §1910.38):
- Reporting Procedures: Clearly outline how to report a fire or other emergencies promptly.
- Evacuation Procedures: Detail the evacuation process, including exit routes and assignments.
- Critical Operations: Specify procedures for employees who must remain to operate critical plant operations before evacuating.
- Employee Accountability: Establish procedures to account for all employees post-evacuation.
- Rescue and Medical Duties: Define procedures for employees involved in rescue or medical duties.
- Contact Information: Provide names or job titles of employees to contact for plan information or duty explanations.
The EAP must be WRITTEN and accessible in the workplace, BUT for businesses with 10 or fewer employees, verbal communication of the plan suffices.
Employers should review the plan with each employee at hiring, role changes, or plan updates.
Consequences of noncompliance include fines from OSHA and other liabilities in emergencies (exposing businesses to potential lawsuits if employees or customers are injured).
Relevant Case Law
Scott v. Quay
Simonyan v. Bhindi Jewelry Co.
Locke v. Life Time Fitness
HR Insight
Luster Products, Inc
Chicago, Illinois
To create an effective emergency response plan for workplace safety, Senior HR Manager Nia Cannon recommends including the following key components:
- Emergency Contacts: Keep a list of local emergency service numbers and key personnel contacts.
- Evacuation Procedures: Outline clear escape routes, assembly points, and responsible individuals for guiding employees to safety.
- Communication Protocols: Establish methods for alerting employees and communicating with remote workers or off-site locations.
- Emergency Equipment: Ensure availability and maintenance of necessary emergency equipment like fire extinguishers and first aid kits.
- Training and Drills: Provide regular training on emergency procedures and conduct drills to practice responses.
- Hazard Identification: Identify workplace hazards and assess risks to inform emergency planning and mitigation.
- Continuity of Operations: Develop plans for maintaining essential business operations during and after emergencies.
- Employee Support: Establish procedures for providing support to employees during and after emergencies. By incorporating these elements, you can enhance workplace safety and minimize the impact of emergencies.
Angel Oak Mortgage Solutions
Atlanta, Georgia
For an Emergency Response Plan, a company should assign responsibility for overseeing the plan, with specific duties for assigned leaders, says HR Business Leader Natalie Sherman.
There should be a set of procedures and activities that must be followed, depending on the emergency in question. This should include test runs to be sure all employees know what their role is, where to go, and how to account for all.
Include a method to determine how many employees are in the facilities each day. Maintain and update the Emergency Response Plan regularly and annually with the employees/upon hire date for new employees.
Renewed HR
Freehold, New Jersey
While there are federal requirements in place, various states have their own regulations so it’s important to be familiar with the requirements within those states, says Sheri Murad, Founder and Managing Director of Renewed HR.
In general, however, emergency response plans should include an assembly location and maps (where to meet in case of an emergency and the layout of the area), reporting procedures, evacuation procedures, and information related to specific emergencies such as earthquakes, fires, etc.
The Cost of Noncompliance
OSHA fines CVS $40K over lack of emergency action plan
Who was involved: A CVS pharmacy located in New York
What happened: According to OSHA, the company repeatedly failed to maintain site-specific emergency action plans (EAPs) for its employees at multiple locations. Prior citations at stores in Connecticut and Rhode Island prompted OSHA to inspect a store in New York.
In OSHA’s view, this violated a federal regulation that requires the implementation of an emergency action plan. The agency provides an eTool to help businesses with compliance.
“The fact that CVS has repeatedly failed to develop emergency action plans is disturbing. Hazards can vary from location to location, so it is imperative that each store has and maintains an effective emergency action plan specific to that store,” said Kimberly Castillon, OSHA’s area director in Albany, in a statement on OSHA’s website. “For the safety and health of its workers, CVS needs to ensure that the proper safeguards are in place and in use at all of its locations.”
"Hazards, such as this, can be prevented if employers implement and maintain an effective illness and injury prevention program in which management and employees work together to identify and eliminate hazardous conditions," said Robert Kulick, OSHA's regional administrator for New York.
Result: OSHA issued CVS one repeat citation for the recurring hazard and proposed a $40,000 fine.
Info: New York CVS to pay $40,000 in fines for not having an emergency action plan in place, 4/23/13.
OSHA says ‘willful safety violation’ led to fatality: Company fined almost $2.5M
Who was involved: MDLG Inc., operating as Phenix Lumber Co., a sawmill in Alabama and its owners, John Menza Dudley Jr. and Leslie Elizabeth Dudley.
What happened: According to reports from first responders, OSHA found a 67-year-old sawmill supervisor climbed on top of an auger to access a difficult-to-reach area to unclog a wood chipper. It started while the man was on top of the auger. He got caught in the machinery and suffered fatal injuries.
An OSHA investigation found this incident was the second time in three years that the sawmill could’ve prevented a tragic incident by following OSHA lockout/tagout requirements.
Result: OSHA proposed a $2,471,683 fine for 22 willful violations, one repeat violation and five serious violations. Among other things, OSHA found the company failed to:
- Ensure employees used energy control procedures to prevent the unexpected start-up of machines while performing maintenance and servicing activities such as clearing jams.
- Ensure the use of lockout/tagout devices on machinery when performing maintenance.
- Provide training to employees on the purpose and function of the energy control program, as well as ensure they have the knowledge and skills required for the safe application of energy control measures.
- Maintain guarding on machines that posed amputation hazards to employees.
- Require fall protection to be used in work areas above four feet.
Info: Feds propose nearly $2.5M fine after ‘willful safety violation’ leads to fatality, 2/22/24.
4 killed in fireworks warehouse explosion: OSHA issues $109K penalty
Who was involved: Magic in the Sky Florida LLC, an entertainment services company that specializes in fireworks for aerial displays.
What happened: In December 2022, workers were preparing fireworks for a local show when an ignition sparked a fire and explosions in a storage facility. Five employees between the ages of 22 and 27 were trapped. Four of the workers died and the surviving employee was hospitalized for months with life-threatening injuries. An OSHA investigation found the company failed to protect its employees by following established safety protocols.
“The deaths of four young workers and a fifth worker’s life-changing injuries exposed Magic in the Sky’s systemic failures that likely led to a fire and explosion the company could have prevented, which only adds to the tragedy,” said OSHA Acting Area Office Director Audrey Windham in Orlando, Florida. “Companies that use pyrotechnics must ensure safety protocols are strictly followed to protect workers from catastrophic consequences.”
Result: OSHA issued 10 serious citations and proposed $109,275 in penalties – an amount set by federal law, the agency clarified. Among other things, OSHA determined the company failed to:
- Establish an Emergency Action Plan (EAP) for the entire plant as outlined in 29 C.F.R. §1910.38
- Ensure proper storage of explosive materials used in commercial fireworks displays
- Ensure electrical equipment in the work area was designed and classified for use in hazardous locations and could not serve as an ignition source, and
- Maintain a safety data sheet for each hazardous chemical in the workplace.
Info: OSHA cites entertainment company in Orlando fireworks warehouse blaze, explosion that kills 4 workers, 6/12/23.
Ice cream plant fined $145K after chemical mishap
Who was involved: AJLS Enterprises Inc., d/b/a Schoep’s Ice Cream, an ice cream and frozen dessert plant in Wisconsin.
What happened: OSHA received a report about workers being exposed to anhydrous ammonia, which is used in the refrigeration process. Exposure can cause burns to the skin and eyes as well as respiratory infections. After an investigation, OSHA determined the plant lacked sufficient process safety management procedures to control the release of hazardous chemicals and failed to document that equipment was being operated consistent with best engineering processes, update processes following audits and respond to changes in the process.
“Employers must continually evaluate their engineering processes and train workers on how to safely operate equipment,” explained OSHA Area Director Chad Greenwood in Madison, Wisconsin. “Every employer should embrace safety and health as a core value in their establishment.”
Result: OSHA issued 12 serious citations and proposed $145,097 in penalties. It said the plant committed multiple health and safety violations, including:
- Failing to update the Emergency Action Plan (EAP)
- Failing to have a written hazard communication plan
- A lack of machine guarding
- A lack of lockout/tagout procedures, and
- Failing to train workers on lockout/tagout procedures.
Info: Ice cream plant cited for violating multiple safety standards after OSHA responds to reports of ammonia release, 1/29/24.
Key Takeaways
To meet OSHA requirements, an EAP must have the following procedures:
- for reporting an emergency
- for emergency evacuation and exit route assignments
- to be followed by employees who remain to operate critical plan operations before they evacuate
- to account for all employees after an evacuation
- to be followed by employees performing resource or medical duties, and
- containing 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 EAP rule also requires employers to review EAPs with each employee covered by the plan when:
- it’s initially developed or the employee is initially assigned to do a job
- the employee’s responsibilities under the plan change, or
- the plan is changed.
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