AED Requirements for Businesses | State Rules Apply

U.S. businesses are not required by federal OSHA to have an AED — state and local laws set requirements based on facility type and occupancy.

AED requirements for U.S. businesses are set by state and local laws, not one federal OSHA rule. Mandates vary by state based on facility type, occupancy, and activities.

What Federal Law Actually Says About AEDs

OSHA’s workplace first-aid standard requires trained first-aid providers at worksites not near a clinic or hospital, but does not name AEDs as mandatory equipment. OSHA’s official position states its standards “do not specifically address AEDs.” When employers choose to provide an AED, OSHA’s non-mandatory first-aid appendix guides: designate trained users, place the AED for use within 3 to 5 minutes of an incident, and inspect, test, and maintain the unit per the manufacturer’s specifications — the clearest path to good-faith compliance. The real legal mandate comes from state and local laws. While OSHA’s General Duty Clause can apply where a lack of emergency equipment creates a recognized hazard, courts have interpreted this narrowly. State-level rules carry enforcement teeth: Washington and Illinois require AEDs in dental offices administering anesthesia.

Which Businesses Are Most Likely To Need An AED

Facilities most often required by state or local law to have an AED include health clubs and gyms, schools and daycare facilities, swimming pools, golf courses, dental offices, and places of public assembly. Some jurisdictions set requirements based on building occupancy or square footage. The American Heart Association recommends placing an AED for a 3- to 5-minute round-trip walk from anywhere at the worksite. The AHA’s AED implementation guide recommends checking local requirements first, then mapping the building. For businesses ready to purchase, see our tested recommendations in the best AEDs for business use.

What A Compliant AED Program Includes

A complete AED program includes a written plan naming program responsibility, device placement, maintenance schedules, and responder duties. Designated responders must hold current CPR and AED training — OSHA’s guidance and most state laws require it. Regular inspection and maintenance logs must track battery and electrode pad expiration dates. A 911-first protocol and clear response steps should be posted. Many state laws require medical oversight — a qualified professional who reviews each use and helps maintain the program annually. Common compliance mistakes: buying an AED but never training users, placing it beyond the 3- to 5-minute window, ignoring expiration dates, and assuming federal law makes AEDs mandatory.

FAQs

Can OSHA fine my business for not having an AED?

OSHA has no specific standard requiring AEDs, so there is no direct fine. However, the General Duty Clause could apply where a lack of emergency equipment creates a recognized hazard — though such cases are rare and fact-specific.

Is there liability protection if I have an AED on site?

Most states have Good Samaritan or AED-specific laws protecting businesses and volunteer responders from civil liability when an AED is used in good faith during sudden cardiac arrest. Some states require registration with a local EMS agency or medical oversight to qualify.

How often do AED pads and batteries need to be replaced?

Manufacturer specs set replacement intervals — typically every 2 to 5 years for batteries and every 2 to 4 years for electrode pads. Each component has an expiration date printed on it. Regular inspection logs help ensure timely replacement.