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Preparing: Disaster-Related Regulations

Does my business need an emergency action plan?

The Department of Labor’s Occupational Safety and Health Administration requires that all businesses develop an emergency action plan. Any business with 10 or more employees must have a written plan stored on the premises available to all employees to view. Businesses with fewer than 10 employees can verbally communicate the plan.

What is an emergency action plan?

• Procedures for reporting a fire or other emergency.
• Procedures for emergency evacuation, including type of evacuation and exit route assignments.
• Procedures to be followed by employees who remain to operate critical plant operations before they evacuate.
• Procedures to account for all employees after evacuation.
• Procedures to be followed by employees performing rescue or medical duties.
• A list of names or job titles 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.

In addition, employers must:

• Have an employee alarm system that uses a distinctive signal for each type of emergency and complies with OSHA requirements. [external link -- will open in a new browser window]
• Designate and train employees to assist in a safe and orderly evacuation of their premises.
• Review the emergency action plan with each employee when the plan is developed, when an employee is assigned to play a role in the plan, when the employee’s responsibilities change and when the plan is changed.

What are the requirements for an employee alarm system?

• It must be louder than the ambient noise and brighter than regular light levels. Employees who cannot perceive sound or light can be alerted through a tactile device.
• It must be distinctive and recognizable as an emergency signal.
• Employers are responsible for making sure that the alarm system is in good operating condition, including its power source.
• An alarm test should be performed every two months by trained personnel. If there is more than one type of device, they should be tested alternately.
• A back-up alarm system should be available during primary alarm system tests.

Besides maintaining an alarm system, what else is an employer required to do?

• Explain to each employee the preferred means of reporting emergencies, such as manual pull box alarms, public address systems, radio or telephones.
• Post emergency telephone numbers near telephones, or employee notice boards and other conspicuous locations when telephones serve as a means of reporting emergencies.
• Ensure that all emergency messages have priority over all non-emergency messages where a communication system also serves as the employee alarm system.
• Establish procedures for sounding emergency alarms in the workplace. For those employers with 10 or fewer employees in the workplace, direct voice communication is an acceptable procedure for sounding the alarm provided, all employees can hear the alarm. Such workplaces need not have a back-up system.
• The employer should ensure that employee alarm circuitry installed after January 1, 1981, is supervised and provides positive notification to assigned personnel whenever a deficiency exists in the system. The employer shall assure that all supervised employee alarm systems are tested at least annually for reliability and adequacy.

Are employers liable for acts done while rendering aid during a disaster?

From Virginia Code § 44-146.23:

• The Commonwealth, its political subdivisions, private and public agencies and their employees and representatives are immune from liability while attempting to provide emergency services that result in death or injury.
• Any individual who holds a license or other permit from the Commonwealth or its subdivisions showing qualifications for professional, mechanical or other skills needed in a disaster may freely render aid involving that skill without liability.
• Anyone who owns real estate or premises and grants permission for those premises to be used as a sheltering facility or other emergency service voluntarily and without compensation is not liable for any death or injury that occurs on the premises.
• Any person, firm or corporation that freely services or repairs any electronic devices or equipment with the State Coordinator’s approval will not be liable for negligently causing the death of or injury to any person, or for the loss of or damage to the property resulting from a defect or imperfection in any device that was repaired.
• With respect to actual or threatened hazardous substance releases, no legal entity shall be liable for civil damages as a result of acts taken voluntarily and without compensation in the course of rendering care, assistance, advice or in preventing, cleaning up, treating or disposing of or attempting to prevent, clean up, treat or dispose of any such discharge, provided that such acts are taken under the direction of state or local authorities responding to the incident.
• No provision of this section will affect the right of any person to receive benefits to which he would otherwise be entitled under this chapter, under the Workers’ Compensation Act, under any pension law or the right of any person to receive any benefits or compensation under any act of Congress.

More information

For more information about emergency action plans, see OSHA’s Evacuation Plans and Procedures Web site at http://www.osha.gov/SLTC/etools/evacuation/index.html and the CDC’s Emergency Preparedness for Business site at http://www.cdc.gov/niosh/topics/prepared/. Also, you can visit the OSHA Web site to view all codified Occupational Safety and Health Standards. [external links -- will open in a new browser window]