Employment Law

Emergency Preparedness at Work: OSHA Guidelines During an Accident

Key Takeaways

  • Most businesses are required to have an emergency action plan (EAP).
  • An employer’s EAP may require written procedures for handling workplace emergencies.
  • Nearly all employers must share EAP details with employees.

Everyone should have a plan for what to do if an emergency strikes. You can pack an emergency response kit to deal with natural disasters, fires, or other type of emergency. However, there may be a chance an emergency strikes while you are at work.

Employers should also have a preparedness plan for what to do in an emergency. This includes having the property safety equipment and training for emergency evacuation procedures.

You should not have to do dangerous work if you don’t have the proper tools and training. To find out more about your job safety rights, talk to an experienced employment lawyer about workplace training requirements.

What Is a Workplace Emergency?

A workplace emergency is an emergency that affects workers or customers, causes damage, or shuts down operations. This includes man-made emergencies or natural disasters. Types of emergencies in the workplace include:

  • Earthquake
  • Wildfire
  • Tornado
  • Hurricane
  • Flooding
  • Workplace violence
  • Terrorism

What Is OSHA’s Role in Emergency Preparedness?

The Occupational Safety and Health Administration (OSHA) is the federal agency that regulates workplace safety. Under OSHA, employers are responsible for providing a safe worksite. Employers have to follow OSHA standards, rules, and regulations. OSHA must provide workers with safe tools, equipment, and personal protective equipment (PPE). OSHA must also warn employees of potential hazards and provide safety training programs.

OSHA requirements for emergencies can depend on the type of industry. This may include:

  • Creating emergency action plans
  • Clearly marking escape routes
  • Providing first aid supplies
  • Creating fire prevention plans
  • Ensure safe handling of hazardous or radiological substances

Do Employers Need an Emergency Action Plan?

Most businesses are required to have an emergency action plan (EAP), depending on OSHA regulations. Some small businesses (with fewer than 10 workers), may not need a written plan. For larger employers, EAPs must be in writing, on-site at the workplace, and available for employee review. EAPs must provide at least the minimum elements:

  • Procedures for reporting fires and emergencies
  • Emergency evacuation plans and route assignments
  • Critical plant operation procedures
  • How to account for employees after evacuation
  • Rescue and medical duties
  • Contact person for employees and families
  • Employee alarm system
  • Employee training

Other industries may have additional emergency management requirements. These include construction, maritime, and businesses working with hazardous materials.

Do You Have To Do Fire Drills?

Generally, OSHA does not specifically require fire drills. However, if the employer’s action plan provides for conducting safety drills, the employer has to conduct the drills according to the EAP.

When Do You Have To Return to Work After an Emergency?

After responding to the emergency, the employer is responsible for determining when it is safe for you to return to work. After investigating the safety of the site and cleanup efforts, you can return when conditions no longer threaten your health and safety. OSHA can review your employer’s decision to make sure they are following OSHA requirements.

Are There Resources for Emergency Procedures?

Ask your employer for information about safety procedures in emergency situations. Your employer has a duty to provide a safe work environment and provide the training and equipment necessary to do your job safely.

You can also check OSHA’s website, which has emergency preparedness and response fact sheets for information about specific emergency health hazards. OSHA also has handout guides for emergency events for specific injuries in scenarios like:

  • Earthquakes
  • Heat stress
  • Structural collapse

If you want to know about your legal rights after an emergency event at work, talk to a lawyer about your employment law options.

How Can an Attorney Help if Your Employer Doesn’t Take Safety Seriously?

You may not feel comfortable speaking up about safety issues in the workplace. However, employers have a duty to provide a safe work environment, which includes safety in emergency situations. Talk to your employer about workplace safety concerns. If they don’t correct them, you can contact OSHA to report any violations.

You can’t be fired because you reported safety violations. Workers who report workplace hazards to OSHA or other federal investigators may have a whistleblower claim for wrongful termination. An employment law attorney can explain your legal options, file a lawsuit, and help you get compensation.

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