1910.38 Emergency Action Plans: citations, penalties and recently cited employers
Data as of October 5, 2026 · citations issued Oct 5, 2025 to Oct 5, 2026
When another OSHA standard calls for an emergency action plan, the employer must prepare one that explains what employees do during fires and other emergencies. Plans must be written, kept in the workplace, and available to employees, though workplaces with ten or fewer employees may communicate the plan orally. Minimum elements include reporting procedures, evacuation procedures and route assignments, procedures for employees who stay to run critical operations, accounting for employees, rescue duties, and contact information.
What the standard requires
- Develop a written emergency action plan, or an oral plan for ten or fewer employees
- Include evacuation, reporting, headcount, and rescue procedures
- Maintain an employee alarm system with a distinctive signal
- Designate and train employees to assist with evacuation
- Review the plan with employees when it is created, changes, or their duties change
Hazards it addresses
- Injuries and deaths from disorganized evacuations
- Unaccounted-for employees during fires or chemical releases
Cited across many sectors, especially manufacturing and facilities subject to fire extinguisher or chemical standards.
Plain-language summary written for this site; it is not the regulatory text and not legal advice. Read the official text at eCFR.
Citations by month
Inspections with citations issued, by month of issuance. Hatched months are incomplete: citations reach the public data about a month after issuance.
Most-cited paragraphs
| Paragraph | What it covers | Items | Inspections | Median initial penalty |
|---|---|---|---|---|
| 1910.38(b) | Plan in writing, kept at the workplace, and available to employees | 58 | 58 | $0 |
| 1910.38(c)(2) | Minimum elements of an emergency action plan | 17 | 17 | $0 |
| 1910.38(e) | Designation and training of employees to assist in evacuation | 13 | 13 | $0 |
| 1910.38(a) | 8 | 8 | $465 | |
| 1910.38(f) | Review of the plan with each employee | 7 | 7 | $0 |
| 1910.38(f)(1) | Review of the plan with each employee | 7 | 7 | $0 |
| 1910.38(c)(5) | Minimum elements of an emergency action plan | 6 | 6 | $0 |
| 1910.38(c)(6) | Minimum elements of an emergency action plan | 6 | 6 | $0 |
| 1910.38(c)(3) | Minimum elements of an emergency action plan | 5 | 5 | $450 |
| 1910.38(f)(3) | Review of the plan with each employee | 5 | 5 | $0 |
| 1910.38(c)(1) | Minimum elements of an emergency action plan | 4 | 4 | $3,310 |
| 1910.38(d) | 4 | 4 | $5,162 | |
| 1910.38(c)(4) | Minimum elements of an emergency action plan | 1 | 1 | $0 |
Penalties
Across 141 alleged items, OSHA and state-plan offices proposed $289,146 in initial penalties. The current total in the public data is $238,354, 18% lower after settlements, contests and amendments.
By violation type: Other-than-serious 60%; Serious 40%.
Citations by state
| State | Inspections cited | Items | Initial penalties | Current penalties |
|---|---|---|---|---|
| Virginia | 20 | 23 | $52,940 | $49,432 |
| Connecticut | 12 | 17 | $7,276 | $6,520 |
| Rhode Island | 9 | 11 | $12,176 | $10,056 |
| Illinois | 8 | 8 | $1,328 | $1,328 |
| Kentucky | 8 | 10 | $15,900 | $13,700 |
| Alaska | 7 | 8 | $14,611 | $11,301 |
| Massachusetts | 7 | 9 | $24,121 | $19,150 |
| Florida | 6 | 6 | $43,646 | $38,478 |
| Utah | 5 | 5 | $0 | $0 |
| New Mexico | 3 | 4 | $18,705 | $18,705 |
| Nevada | 3 | 8 | $930 | $465 |
| New York | 3 | 3 | $0 | $0 |
| Ohio | 3 | 3 | $16,550 | $16,550 |
| Pennsylvania | 3 | 4 | $33,100 | $17,000 |
| Puerto Rico | 3 | 3 | $3,200 | $2,840 |
| California | 2 | 2 | $0 | $0 |
| Georgia | 2 | 2 | $0 | $0 |
| Iowa | 2 | 2 | $10,048 | $5,024 |
| Tennessee | 2 | 2 | $0 | $0 |
| Texas | 2 | 3 | $25,252 | $20,712 |
By industry
- Manufacturing: 27 inspections
- Public administration: 17 inspections
- Retail trade: 11 inspections
- Health care & social assistance: 11 inspections
- Construction: 10 inspections
- Accommodation & food services: 6 inspections
- Administrative & waste services: 6 inspections
- Transportation & warehousing: 6 inspections
Recently cited establishments
About these records. Citations list alleged violations and proposed penalties. Employers can contest them, and many are reduced or withdrawn in settlement. Each row shows the original and the current penalty and a status label derived from the public data as of October 5, 2026. Check the linked osha.gov page for the official record.
| Establishment | Location | Issued | Alleged items | Initial penalty | Current penalty | Status and deadlines | Source |
|---|---|---|---|---|---|---|---|
| Nysopwdd Valley Ridge Cit | Norwich, NY | Aug 31, 2026 | 1 | $0 | $0 | Final orderAbatement due Oct 19, 2026 | osha.gov |
| Minn-Alaska Transport | Palmer, AK | Aug 28, 2026 | 1 | $3,026 | $3,026 | OpenAbatement due Sep 24, 2026Contest deadline ~Sep 21, 2026 (est.) | osha.gov |
| Reebals, Incorporated | Charles City, VA | Aug 28, 2026 | 1 | $0 | $0 | OpenAbatement due Sep 24, 2026Contest deadline ~Sep 21, 2026 (est.) | osha.gov |
| Yosemite Hospitality LLC | Yosemite National Park, CA | Aug 25, 2026 | 1 | $0 | $0 | Informal settlementAbatement due Sep 14, 2026 | osha.gov |
| Alaska Northern Courier | Anchorage, AK | Aug 21, 2026 | 1 | $0 | $0 | Informal settlement | osha.gov |
| Custom Machine LLC | Woburn, MA | Aug 17, 2026 | 2 | $930 | $0 | Informal settlementAbatement due Sep 3, 2026 | osha.gov |
| Valero Refining Company- Oklahoma | Ardmore, OK | Aug 7, 2026 | 1 | $7,093 | $7,093 | ContestedAbatement due Aug 26, 2026Contested Aug 24, 2026 | osha.gov |
| Golden Gate Petroleum of Colorado, LLC | Fruita, CO | Aug 7, 2026 | 1 | $0 | $0 | ContestedAbatement due Sep 14, 2026Contested Aug 28, 2026 | osha.gov |
| Town of St. Paul - Public Works | Saint Paul, VA | Aug 6, 2026 | 1 | $0 | $0 | Final orderAbatement due Sep 1, 2026 | osha.gov |
| U.S. Department of Navy | Washington Navy Yard, DC | Aug 5, 2026 | 1 | $0 | $0 | Informal settlementAbatement due Oct 16, 2026 | osha.gov |
| Department of Military Affairs Commonwealth Challenge Youth Academy | Virginia Beach, VA | Aug 4, 2026 | 1 | $0 | $0 | Final orderAbatement due Aug 12, 2026 | osha.gov |
| Agri-Nutrients Company, Inc. | Disputanta, VA | Jul 27, 2026 | 1 | $6,885 | $6,885 | ContestedAbatement due Sep 11, 2026Contested Aug 4, 2026 | osha.gov |
| Koch Foods of Cincinnati LLC | Fairfield, OH | Jul 27, 2026 | 1 | $16,550 | $16,550 | Informal settlementAbatement due Oct 13, 2026 | osha.gov |
| Shms Family LLC | Scranton, KY | Jul 24, 2026 | 1 | $3,500 | $3,500 | Final orderAbatement due Aug 11, 2026 | osha.gov |
| Nysdoccs Upstate Correctional Facility | Malone, NY | Jul 24, 2026 | 1 | $0 | $0 | Final orderAbatement due Sep 10, 2026 | osha.gov |
| Elevate Energy Services LLC | Midkiff, TX | Jul 22, 2026 | 2 | $11,350 | $6,810 | Informal settlementAbatement due Aug 19, 2026 | osha.gov |
| Print Mail Communications, Inc. | Fredericksburg, VA | Jul 20, 2026 | 1 | $780 | $780 | ContestedAbatement due Aug 13, 2026Contested Aug 3, 2026 | osha.gov |
| Town of Somers | Somers, CT | Jul 17, 2026 | 1 | $0 | $0 | Informal settlementAbatement due Aug 19, 2026 | osha.gov |
| Retina Group of New England, PC | Waterford, CT | Jul 17, 2026 | 2 | $5,296 | $5,296 | Final orderAbatement due Sep 2, 2026 | osha.gov |
| Darin's Body Shop | Houston, MO | Jul 17, 2026 | 1 | $0 | $0 | Final orderAbatement due Aug 12, 2026 | osha.gov |
| Town of Somers | Somers, CT | Jul 17, 2026 | 1 | $0 | $0 | Informal settlementAbatement due Oct 5, 2026 | osha.gov |
| Next Level Stairs LLC | Petersburg, VA | Jul 16, 2026 | 1 | $0 | $0 | Final orderAbatement due Sep 1, 2026 | osha.gov |
| Knox County - Highway Dept | Knoxville, IL | Jul 9, 2026 | 1 | $0 | $0 | Final orderAbatement due Aug 13, 2026 | osha.gov |
| Bluegrass Community Health Center Inc. | Lexington, KY | Jul 7, 2026 | 1 | $0 | $0 | Final orderAbatement due Jul 27, 2026 | osha.gov |
| Hidalgo County Detention Center | Lordsburg, NM | Jul 2, 2026 | 1 | $4,635 | $4,635 | OpenAbatement due Jul 29, 2026Contest deadline ~Jul 24, 2026 (est.) | osha.gov |
| Viatron Systems, Inc. | Las Vegas, NV | Jun 25, 2026 | 1 | $930 | $465 | Informal settlementAbatement due Jul 6, 2026 | osha.gov |
| General Dynamics Mission Systems, Inc. | Marion, VA | Jun 24, 2026 | 2 | $10,325 | $10,325 | ContestedAbatement due Jul 20, 2026Contested Jul 13, 2026 | osha.gov |
| Logan Corporation | Wonnie, KY | Jun 18, 2026 | 1 | $4,500 | $4,500 | ContestedAbatement due Jun 22, 2026Contested Jun 24, 2026 | osha.gov |
| Bristol Health & Rehab Center, LLC | Bristol, PA | Jun 17, 2026 | 1 | $0 | $0 | ContestedAbatement due Jul 8, 2026Contested Jul 13, 2026 | osha.gov |
| Mountain Meadows Assisted Living Home LLC | Wasilla, AK | Jun 17, 2026 | 1 | $0 | $0 | Informal settlement | osha.gov |
| Comfort 1st Insulation & Energy Solutions Inc. | Rockford, IL | Jun 15, 2026 | 1 | $0 | $0 | Informal settlementAbatement due Jul 8, 2026 | osha.gov |
| Adams County Highway Department | Quincy, IL | Jun 11, 2026 | 1 | $0 | $0 | Final orderAbatement due Jul 16, 2026 | osha.gov |
| Cosmic Driving Range LLC | Glendale, KY | Jun 10, 2026 | 3 | $0 | $0 | Informal settlementAbatement due Jun 29, 2026 | osha.gov |
| Hudson 5133 Darrow LLC | Hudson, OH | Jun 8, 2026 | 1 | $0 | $0 | Final order | osha.gov |
| Amdep Holdings LLC | Kissimmee, FL | Jun 4, 2026 | 1 | $11,585 | $11,585 | ContestedAbatement due Jul 1, 2026Contested Jul 13, 2026 | osha.gov |
| Charles City Timber & Mat , Inc. | Providence Forge, VA | Jun 4, 2026 | 1 | $520 | $0 | Final orderAbatement due Sep 1, 2026Contested Jul 9, 2026 | osha.gov |
| Total Printing Co., Inc. | Richmond, VA | Jun 2, 2026 | 1 | $0 | $0 | Final orderAbatement due Jun 26, 2026 | osha.gov |
| Evergreen Unfinished Furniture, Inc. | Watertown, MA | May 28, 2026 | 1 | $3,405 | $1,400 | Informal settlementAbatement due Aug 31, 2026 | osha.gov |
| Evergreen Unfinished Furniture, Inc. | Newton, MA | May 28, 2026 | 1 | $2,838 | $1,000 | Informal settlementAbatement due Jul 2, 2026 | osha.gov |
| Dlnr Division of Boating and Ocean Recreation | Haleiwa, HI | May 21, 2026 | 1 | $0 | $0 | Informal settlementAbatement due Jun 10, 2026 | osha.gov |
Often cited together
- 1910.1200 Hazard Communication (47 shared inspections)
- 1910.157 Fire Extinguishers (39 shared inspections)
- 1910.303 Electrical General (32 shared inspections)
- 1910.37 Exit Route Maintenance (28 shared inspections)
- 1910.22 Walking-Working Surfaces (24 shared inspections)
- 1910.132 PPE General Requirements (22 shared inspections)
- 1910.305 Wiring Methods (20 shared inspections)
- 1910.147 Lockout/Tagout (20 shared inspections)
Questions
What does OSHA standard 1910.38 require?
When another OSHA standard calls for an emergency action plan, the employer must prepare one that explains what employees do during fires and other emergencies. Plans must be written, kept in the workplace, and available to employees, though workplaces with ten or fewer employees may communicate the plan orally. Minimum elements include reporting procedures, evacuation procedures and route assignments, procedures for employees who stay to run critical operations, accounting for employees, rescue duties, and contact information.
How often was 1910.38 cited in the last 12 months?
In the public data as of October 5, 2026, 1910.38 (Emergency Action Plans) appeared in 118 inspections with citations issued between Oct 5, 2025 and Oct 5, 2026, covering 141 alleged violation items.
Which part of 1910.38 is cited most?
1910.38(b) was the most-cited paragraph, with 58 items: Plan in writing, kept at the workplace, and available to employees
Which states cite 1910.38 most often?
The most citations under 1910.38 in this period were issued in Virginia, Connecticut, Rhode Island.
What is the typical penalty for a 1910.38 violation?
The median initial (proposed) penalty per item was $0; the median current penalty after settlements and amendments was $0. Totals: $289,146 proposed, $238,354 current. Penalties vary by violation type, employer size and history, and State Plans set their own amounts.
Are 1910.38 citations final?
Not necessarily. A citation is an allegation until it becomes a final order. 16% of these items were contested, and many others were changed in settlements. Each listing shows its current status and a link to the official record.