Safety Tidbit #14-Emergency Action Plans

Just about every week I go to at least one small employer to help them with their health and safety programs.  I always start out at the 30,000-foot level by asking the employer: So what do you do if a fire starts, there is an explosion or some other catastrophic event?  Many small employers simply answer “We all evacuate.”  That is how I get my foot in the door to evaluate the employer’s Emergency Action Plan (EAP).  Under OSHA standard 1910.38(a), “An employer must have an emergency action plan whenever an OSHA standard in this part requires one.”  That is the political two-step that drives everyone crazy.  So the employer asks, “How do I know if I need a plan? And/or Am I required by some other standard in this part?”  Both good questions, as there are seven standards that OSHA has a specific requirement to have an EAP as discussed in the OSHA Instruction from July 9, 2002 (CPL 2-1.037):

1910.119-Process Safety Management of Highly Hazardous Chemicals,

1910.160-Fixed Extinguishing Systems, General

1910.164-Fire Detection Systems

1910.272-Grain Handling

1910.1047-Ethylene Oxide

1910.1050-Methylenedianiline

190.1051-1,3-Butadiene

The last three are not too common anymore, and, fortunately, there are not many employers that have “highly hazardous chemicals” as defined by OSHA. Furthermore, grain handling is pretty specific which leaves just facilities with fixed extinguishing systems and fire detection systems.

For fixed extinguishing systems: 1910.160(c)(1) - The employer shall provide an emergency action plan in accordance with 1910.38 for each area within a workplace that is protected by a total flooding system which provides agent concentrations exceeding the maximum safe levels set forth in paragraphs (b)(5) and (b)(6) of 1910.162.)

And for fire detection systems: 1910.164(e)(3) - The employer shall not delay alarms or devices initiated by fire detector actuation for more than 30 seconds unless such delay is necessary for the immediate safety of employees. When such delay is necessary, it shall be addressed in an emergency action plan meeting the requirements of 1910.38.

Both standards deal with specific requirements in the workplace.  So what does a normal small business owner supposed to have to ensure the safety of the employees when a catastrophic event occurs?  Nothing – well not quite.  Remember in the beginning, I asked the employer what they do if a fire starts, and they said we evacuate the building.  They said the all evacuate the building. So therefore, there is an OSHA standard after all.

Under 1910.157(b)(1), if the employer evacuates all employees to safety when a fire occurs  the employer is relieved from compliance with 1910.157 (unless a specific standard in part 1910 requires that portable fire extinguishers be provided) however, if the employer selects to use option, 1910.157(b)(1) requires compliance with 1910.38(a) and (b).  In other words, the employer cannot expect employees to evacuate in an emergency if no EAP has been created and explained to them. So to answer my question in the title – Yes you need an Emergency Action Plan!