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Employers whose employees will be engaged in emergency responses must develop
and implement an emergency response plan except for the following exceptions and
exemptions:
- Employers who will evacuate their employees from the danger area in an emergency, and
who do not permit their employees to assist in handling the emergency, are exempt from the
requirements if they provide an Emergency Action Plan in accordance with 1910.38(a)
- Emergency response organizations that have developed programs for handling hazardous
substance releases in order to meet requirements of the Superfund Amendments and
Reauthorization Act of 1986 (Emergency Planning and Community Right-to- Know Act of 1986),
may use those programs to meet the requirements of 1910.120 to the extent that they are
equivalent. They may use the local emergency response plan or the state emergency response
plan or both, as part of their plan to avoid duplication.
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