Storm Season Contingency Planning

- 29 CFR 1910.38(c) requires six elements: reporting, evacuation and exit routes, who stays to shut down, accounting for everybody, rescue and medical duties, and a named contact.
- 1910.38(b) permits an employer with ten or fewer employees to communicate the plan orally, which removes the excuse that a document is disproportionate.
- List every access on every stretch in downstream order, with drive time and whether the track is passable wet, because a track fine in August is a problem in a storm.
- 46 CFR 185.203 requires immediate notice of a hazardous condition to the Captain of the Port both where the vessel is and where it was going; telling the destination is what nobody does.
- Set lightning, wind and rising water thresholds in the winter so the call on the water is recognition rather than judgment.
- Carry the communication device on your person rather than in the boat, because the case that matters most is the one where you and the boat are separated.
The workplace safety rules set out six things an emergency action plan must contain, and then add that an employer with ten or fewer employees may communicate the plan orally rather than in writing. The plan still has to exist. It just does not have to be typed.
Which removes the excuse most single-boat operations use, being that a formal document is disproportionate for one person and a drift boat. Nobody is asking for a document. What the standard asks for is that six specific questions have answers before the weather arrives, and answering them takes an evening. The rules govern workplaces subject to particular OSHA standards and reach no guiding trip; whether anything at all applies to your operation is a question worth asking the relevant agency rather than assuming. Neighbouring material sits under the ops playbooks hub.
| Required element | On the water |
|---|---|
| Reporting an emergency | Who you call, from what device, with what coverage |
| Evacuation and exit routes | Every access point on every stretch |
| Who stays to shut things down | What happens to the boat |
| Accounting for everybody | The headcount, said out loud |
| Rescue and medical duties | Who does what, decided in advance |
| Who to contact for more information | The person ashore who has the plan |
What does the standard require?
Six elements, and none of them is about weather forecasting.
Section 1910.38(c) of Title 29 requires an emergency action plan to include, at a minimum, 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 operations before they evacuate, procedures to account for all employees after evacuation, procedures to be followed by employees performing rescue or medical duties, and the name or job title of every employee who may be contacted by anybody needing more information about the plan or an explanation of their duties under it.
Section 1910.38(b) requires the plan to be in writing, kept in the workplace and available for review, but permits an employer with ten or fewer employees to communicate it orally.
Paragraph (e) requires the employer to designate and train people to assist in a safe and orderly evacuation, and (f) requires the plan to be reviewed with each covered person when it is developed, when their responsibilities change, and when the plan itself changes.
Section 1910.38 is carried on the eCFR.
The morning decision this all sits underneath is covered by the morning-of piece.

Why is evacuation the hard element?
Because a river has exit routes and almost nobody has listed them.
The standard's phrase is exit route assignments, which on a float means the access points between where you are and where you were going.
Most guides know two or three per stretch by instinct and have never written them down, which means the knowledge is unavailable to anybody else and unreliable under pressure.
Listing them properly is a winter afternoon with a map: every place a vehicle can reach the water, how long the walk is, and whether it is passable when wet.
The last of those is the one that matters, since a track that is fine in August is a problem in a storm and that is exactly when you need it.
Doing it once produces a document that serves every trip on that water for years and that a substitute guide can use.
What the same list does for a mid-trip decision is set out by the drunk client piece.
What a plan is worth against what it costs. One winter afternoon per stretch, at four stretches, is a day of work. Against that, a single storm handled badly costs the day's revenue, a possible injury, an insurance claim and the account of it that circulates locally. Even setting the injury aside, the difference between a curtailed day that felt organised and one that felt chaotic shows up directly in whether those clients return. Every figure here is a stated assumption.

What does the reporting element mean here?
Knowing which device works where, before you need it.
Procedures for reporting an emergency assumes a working phone, and most guiding water has stretches where there is none.
Which makes the honest version of this element a map of coverage rather than a phone number, and the coverage map is built by checking as you go rather than by looking anything up.
A satellite messenger changes the calculation entirely and is now cheap enough that the argument against it is habit rather than money.
What it buys is not rescue but communication, which is usually what is actually missing: the ability to tell somebody the day has gone wrong and where you are.
The other half is knowing who to call, which for most incidents is a county dispatcher rather than any national number, and that number is worth having written down rather than searched for.
Where the vessel rules apply, they add their own reporting duties on top, including immediate notification of hazardous conditions.
What those duties look like is touched on by the insurance claims piece.
Neither scheme is aimed at a guide trip. 29 CFR 1910.38 applies where another OSHA standard requires an emergency action plan, and the maritime employment standards sit elsewhere again. 46 CFR 185.203 applies to vessels under subchapter T. Whether any of it reaches your operation depends on your vessel, your waters, whether you have employees and what they do, and that is a question for the agencies rather than for a website. Nothing here is legal advice, and none of it is emergency management guidance.
What does the vessel rule add?
A duty to tell somebody immediately, which is unusual.
Section 185.203 of Title 46 provides that whenever there is a hazardous condition on board the vessel, as defined in the subchapter, the owner, master, agent or person in charge shall immediately notify the Captain of the Port of the port or place of destination and the Captain of the Port of the port or place in which the vessel is located.
Two notifications, both immediate, one to where you are and one to where you were going.
That second notification is the transferable idea, since telling the destination is precisely what nobody does when a day goes wrong on a river.
The person waiting at the take-out with a shuttle vehicle is the destination, and they are usually the last to know that the plan has changed.
Which is a communication failure rather than a safety one, right up until it becomes a search.
Part 185 is carried on the eCFR.
The daily version of that notification is described by the confirmation workflow piece.
What should the plan actually contain?
One page per stretch, and it is mostly a list of places.
Access points in order downstream, with the drive time to each from the nearest road and whether the track is passable wet.
Coverage notes: where the phone works and where it does not, marked on the same list.
The numbers, being the county dispatcher, the nearest clinic, your shuttle driver and whoever ashore has the plan.
The lightning position for that stretch, meaning where you can actually get off the water and away from the boat, which is not always the same as the nearest access.
What to do with the boat, decided in advance, because the instinct to save the boat is what puts people in the water.
And the headcount protocol, which is one sentence: everybody named out loud at every stop.
What the daily routine already covers is set out by the daily checklist piece.
When does the day stop?
At a threshold set in advance, not at a judgment made in the moment.
Lightning is the clearest case because the correct response is unambiguous and the temptation to continue is enormous.
A stated rule, being off the water at the first strike within a stated distance and back on only after a stated interval, converts a judgment into a recognition.
Wind is the second and it is harder, since a boat that is manageable at fifteen knots is not at twenty-five and the change happens over minutes.
Rising water is the third and it is the one most often underestimated, because the change is visible only against a fixed reference and everybody is watching the sky.
Setting a mark on a rock at the lunch stop is a two-second habit that gives you the only reliable rate-of-rise information available.
All three thresholds belong on the same page as the access points, decided in the winter.
How the decision is communicated is set out by the morning-of piece.
What about the clients during it?
Told once, briefly, at the moment it starts.
People tolerate a curtailed day they understood and resent one that simply happened, and the difference is a sentence said early rather than an explanation given afterwards.
The sentence names what is happening and what you are doing about it, in that order, with no reassurance attached: that cell is coming this way, we are getting off at the next access.
Reassurance is what people reach for and it undermines the instruction, since a client told everything is fine while being hurried off the water draws their own conclusions.
Jobs help enormously, because a person given something to do is a person who is not standing still being frightened.
Which is what the standard's rescue and medical duties element is about at scale: somebody has been told in advance what their job is.
The briefing that makes this possible is set out by the safety briefing piece.
What goes in the boat for this?
Four things, and three of them never get used.
A dry bag with layers in it, because the fastest route to a serious problem on a river is somebody cold and wet with three hours to go.
A first aid kit that has been opened and inventoried rather than bought and forgotten, with the contents matched to the injuries that actually occur, being hooks, cuts and hypothermia.
A means of making fire that works when everything is wet, which is a small thing to carry and the difference between waiting comfortably and waiting badly.
And the communication device, whichever it is, carried on your person rather than in the boat, because the scenario that matters most is the one where you and the boat are separated.
That last point is the one guides get wrong almost universally, since everything useful is in a dry box strapped to a boat that has just gone downstream without you.
A phone in a waterproof case in a pocket and a whistle on the life jacket cover the separated case at almost no cost.
Everything else can live in the boat, and the test for what goes on your body is whether you would want it if the boat were gone.
What does waiting look like?
The most likely outcome, and it should be planned for rather than endured.
Most bad days on a river do not end in a rescue; they end in three hours off the water waiting for a cell to pass or a shuttle to arrive.
Which is a comfort problem rather than a safety one, and it is what determines whether the clients remember an adventure or a shambles.
Somewhere to sit out of the wind, something hot, and dry layers turn an ordeal into a story, and all three fit in a bag.
Choosing the waiting spot deliberately matters too, since standing under the nearest tree in a lightning storm is an actively bad decision that people make by default.
Telling the clients how long it is likely to be, honestly, is the other half, because uncertainty is the thing people find hardest.
Where you genuinely do not know, saying that plus what would change your mind is better than a guess that turns out wrong.
Does the plan change with children aboard?
Substantially, and the margins get wider.
A child gets cold faster, tires faster, and cannot walk out of a difficult access at the pace an adult can.
Which means every threshold moves earlier and every access assessment changes, since a track that is a twenty-minute walk for an adult may not be usable at all.
The layers question also changes, because children rarely bring adequate clothing and their parents rarely think about the temperature at eight in the morning on the water.
Carrying spare warm layers in child sizes is an unglamorous piece of preparation that pays for itself the first time.
The other change is communication, since a frightened child needs a different explanation from a frightened adult and needs it addressed to them directly.
None of this is a reason to avoid taking children, and all of it is a reason to plan the day differently before it starts.
What else changes with them aboard is set out by the kids on board piece.
Who ashore holds the plan?
One named person, and they should have read it.
The standard's sixth element is the name of somebody who can be contacted for more information about the plan, which for a solo operation means somebody who is not you.
Which sounds like an administrative detail and is the single most important part of the whole thing, since every genuinely bad outcome involves nobody ashore knowing where to start.
The person needs three things: the day's put-in and take-out, the access list for that stretch, and the numbers.
Sending them the access list once, and the day's plan every morning, is the entire implementation.
A shuttle driver is the natural candidate because they are already involved and already know the geography.
Where nobody obvious exists, another guide is the answer, and the arrangement should be reciprocal.
The daily message that feeds it is described by the confirmation workflow piece.
How often should it be reviewed?
Annually, and whenever the water changes.
Paragraph (f) of the standard requires review when the plan is developed, when responsibilities change and when the plan itself changes, which is a sensible trigger-based schedule rather than a calendar one.
For a guide the equivalent triggers are a new stretch, a changed access, a flood that moved a channel, and the start of each season.
Floods are the one that catches people, since an access road washed out in March is discovered in July by somebody trying to use it in an emergency.
Driving the accesses once at the start of the season is the check, and it takes a morning.
Where a new guide joins, or a substitute covers a day, the review is not optional and takes ten minutes.
Anything else and the plan is a document about last year's river.
The seasonal reset it belongs to is set out by the winterising piece.
What about the whole season rather than the day?
A stated policy about what happens to bookings, written before the storm.
Storm season contingency is partly a safety question and partly a commercial one, and the commercial half is what actually generates conflict.
A client whose week is cancelled by weather needs to know in advance what happens to their money, and that is the deposit policy rather than an emergency plan.
Where a whole week is at risk, having an alternative fishery worked out in advance turns a refund into a different trip, which is better for everybody.
Building that alternative is off-season work and it is the highest-value contingency available commercially.
Naming it in the confirmation, before anything has gone wrong, is what makes it usable rather than improvised.
What happens to the money is set out by the rollover piece.
Where does contingency planning fail?
Six ways, and having it only in your head is the first.
Knowing the accesses without listing them, so the knowledge is unavailable to a substitute and unreliable under pressure.
Assuming phone coverage, when most guiding water has stretches with none and nobody has mapped which.
Deciding thresholds in the moment, when the temptation to continue is at its strongest.
Telling nobody ashore, so a late take-out is indistinguishable from an emergency.
Reassuring clients instead of instructing them, which draws exactly the conclusion you were trying to avoid.
And never checking the accesses after a flood, so the plan describes a river that no longer exists.
The maintenance routine this shares a season with is set out by the maintenance piece.
What is the working plan?
One page per stretch, one person ashore, three thresholds.
List every access on every stretch you run, in downstream order, with drive time and whether the track is passable wet.
Mark where the phone works and where it does not, and carry a satellite messenger for the parts where it does not.
Write the numbers down: county dispatcher, nearest clinic, shuttle driver, and the person ashore.
Set thresholds for lightning, wind and rising water in the winter, and treat them as recognition rather than judgment.
Send the day's put-in, take-out and headcount to the same person every morning, and tell them when the plan changes.
Drive the accesses at the start of every season and after any flood.
Say what is happening in one sentence, give people jobs, and never reassure instead of instructing.
The workplace standard is mirrored on govinfo, and the statutory basis is 29 U.S.C. 654.
The commercial half of the problem is handled by the rollover piece.
How this was checked. The six elements come from 29 CFR 1910.38(c), requiring an emergency action plan to include at a minimum 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; and the name or job title 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. The written and oral provision comes from 1910.38(b), requiring the plan to be in writing, kept in the workplace and available to employees for review, but permitting an employer with 10 or fewer employees to communicate the plan orally. The alarm, training and review provisions come from 1910.38(d), (e) and (f), the last requiring review with each covered employee when the plan is developed or the employee is initially assigned, when the employee's responsibilities under the plan change, and when the plan itself changes. Section 1910.38 applies where an OSHA standard in that part requires an emergency action plan. The hazardous condition duty comes from 46 CFR 185.203, providing that whenever there is a hazardous condition as defined by 46 CFR 175.400 on board the vessel, the owner, master, agent or person in charge shall immediately notify the Captain of the Port of the port or place of destination and the Captain of the Port of the port or place in which the vessel is located. Section 185.203 sits in subchapter T, governing small passenger vessels. Both were read on the Electronic Code of Federal Regulations on 26 July 2026. Whether either scheme reaches a particular guiding operation depends on the vessel, the waters, whether the operation has employees and what those employees do, none of which was researched for this page. Nothing here is legal advice or emergency management guidance. No industry figure for weather cancellations, incident rates or contingency practice in guided fishing is asserted, because no consulted source publishes one; the arithmetic panel uses stated illustrative assumptions.
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Get a free website previewThe six elements translated to a river, where the thresholds should sit, and who ashore holds the plan
What does the standard require?
29 CFR 1910.38(c) requires an emergency action plan to include at a minimum procedures for reporting a fire or other emergency; procedures for emergency evacuation including type of evacuation and exit route assignments; procedures for those who remain to operate critical operations before evacuating; procedures to account for all employees after evacuation; procedures for those performing rescue or medical duties; and the name or job title of anyone who may be contacted for more information about the plan or an explanation of duties under it.
Does it have to be written?
1910.38(b) requires the plan to be in writing, kept in the workplace and available for review, but permits an employer with ten or fewer employees to communicate it orally. Which removes the usual objection that a formal document is disproportionate for one person and a drift boat. Nobody is asking for a document; the standard asks that six specific questions have answers before the weather arrives.
Why is evacuation the hard element?
Because a river has exit routes and almost nobody has listed them. Most guides know two or three access points per stretch by instinct and have never written them down, which makes the knowledge unavailable to a substitute and unreliable under pressure. Listing them is a winter afternoon with a map: every place a vehicle can reach the water, the length of the walk, and whether the track is passable wet.
What does the vessel rule add?
46 CFR 185.203 requires that whenever there is a hazardous condition on board, the owner, master, agent or person in charge shall immediately notify the Captain of the Port both of the place of destination and of the place where the vessel is located. Two notifications, both immediate. The second is the transferable idea, since telling the destination is exactly what nobody does when a day goes wrong: the person waiting with a shuttle vehicle is the last to know.
Where should the thresholds sit?
Decided in the winter, not in the moment. Lightning is the clearest case: off the water at the first strike within a stated distance, back on only after a stated interval, which converts a judgment into a recognition. Wind is harder, since a boat manageable at fifteen knots is not at twenty-five. Rising water is most often underestimated, which is why marking a rock at the lunch stop is worth the two seconds.
What should the clients be told?
Once, briefly, at the moment it starts, naming what is happening and what you are doing about it in that order: that cell is coming this way, we are getting off at the next access. No reassurance, because a client told everything is fine while being hurried off the water draws their own conclusions. Give people jobs, since somebody with something to do is not standing still being frightened.
Who ashore should hold the plan?
One named person who has actually read it, which for a solo operation means somebody who is not you. It sounds administrative and it is the most important part, since every genuinely bad outcome involves nobody ashore knowing where to start. They need the day's put-in and take-out, the access list for that stretch, and the numbers. A shuttle driver is the natural candidate; another guide, reciprocally, is the fallback.
Sources & methods
- 29 CFR 1910.38 on the Electronic Code of Federal Regulations, read for paragraph (b), requiring an emergency action plan to be in writing, kept in the workplace and available to employees for review, but permitting an employer with 10 or fewer employees to communicate the plan orally; for paragraph (c), requiring the plan to include at a minimum 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, and the name or job title of every employee who may be contacted by employees who need more information about the plan or an explanation of their duties under it; and for paragraphs (d), (e) and (f) on the employee alarm system, the designation and training of employees to assist in evacuation, and review of the plan on development, on change of an employee's responsibilities and on change of the plan. Section 1910.38 applies where an OSHA standard in that part requires an emergency action plan.
- 46 CFR 185.203 on the Electronic Code of Federal Regulations, read for the requirement that whenever there is a hazardous condition, as defined by 46 CFR 175.400, on board the vessel, the owner, master, agent or person in charge shall immediately notify the Captain of the Port of the port or place of destination and the Captain of the Port of the port or place in which the vessel is located. The section sits in subchapter T, governing small passenger vessels.
- 29 U.S.C. 654 at the Office of the Law Revision Counsel, cited as the statutory duties provision underlying the occupational safety standards quoted above. Whether either regulatory scheme reaches a particular guiding operation depends on the vessel, the waters, whether the operation has employees and what they do, none of which was researched here.
- The 2024 annual edition of 29 CFR 1910.38 published on govinfo, used as an independent copy of the emergency action plan requirements. Nothing here is legal advice or emergency management guidance, and no industry figure for weather cancellations or incident rates in guided fishing is asserted because no consulted source publishes one.
Every figure here is traced to a named public source and checked against it. Licensing, tax, and fee rules change. Verify your state’s current rules with the agency directly before you count on any number here.
More field notes
A curtailed day that felt organised still rebooks.
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