29 CFR 1910.39: OSHA Fire Prevention Plans

Regulatory citation: 29 CFR 1910.39, Fire Prevention Plans (Exit Routes and Emergency Planning, Subpart E)

What Is the OSHA Fire Prevention Plan Standard?

Section 1910.39 sets the minimum content of a fire prevention plan in general industry. A fire prevention plan identifies the major fire hazards in a workplace and explains how the employer controls fuel sources, ignition sources and the buildup of combustible waste, so that fires do not start in the first place.

The standard is short, and on its own terms it does not require every employer to have a plan. Under paragraph (a), an employer must have a fire prevention plan when an OSHA standard in Part 1910 requires one, and that plan must then meet section 1910.39. Standards that call for a fire prevention plan include ethylene oxide (1910.1047), methylenedianiline (1910.1050) and 1,3-butadiene (1910.1051). The portable fire extinguisher standard (1910.157) also refers to a fire prevention plan meeting 1910.39 as part of a written fire safety policy that lets an employer rely on immediate and total evacuation instead of having employees use extinguishers.

Many employers that are not strictly required to have a plan still write one, because it is a practical way to organize housekeeping, equipment maintenance and fire protection responsibilities in one place.

Why Fire Prevention Planning Matters

Most workplace fires start with a predictable combination of fuel, an ignition source and a gap in routine controls, such as oily rags left near a heater or dust built up around a motor. A written plan assigns ownership of those controls, so they happen every day rather than only after an incident.

Core Obligations

1. Determine Whether a Plan Is Required (1910.39(a))

Review the OSHA standards that apply to your operations. If one of them requires a fire prevention plan, the plan must meet all of section 1910.39. Record which standard triggers the requirement so the scope of the plan matches the operations it covers.

2. Put the Plan in Writing (1910.39(b))

A fire prevention plan must be in writing, kept in the workplace, and made available to employees for review. An employer with 10 or fewer employees may communicate the plan orally to employees instead.

3. List Major Fire Hazards and Their Controls (1910.39(c)(1))

The plan must include a list of all major fire hazards, proper handling and storage procedures for hazardous materials, potential ignition sources and their control, and the type of fire protection equipment necessary to control each major hazard. Name specific hazards, such as a solvent wipe-down station, rather than general statements.

4. Control Flammable and Combustible Waste (1910.39(c)(2))

The plan must include procedures to control accumulations of flammable and combustible waste materials. Typical procedures cover how often waste is removed, which containers are used for oily or solvent-soaked materials, and where waste is staged before pickup.

5. Maintain Safeguards on Heat-Producing Equipment (1910.39(c)(3))

The plan must include procedures for the regular maintenance of safeguards installed on heat-producing equipment to prevent the accidental ignition of combustible materials. Examples include temperature controls and guards on ovens, dryers, furnaces and space heaters.

6. Assign Responsibility by Name or Job Title (1910.39(c)(4) and (c)(5))

The plan must name, by person or job title, the employees responsible for maintaining equipment that prevents or controls sources of ignition or fires. It must also name, by person or job title, the employees responsible for controlling fuel source hazards. Using job titles keeps the plan accurate when people change roles.

7. Inform Employees of Fire Hazards (1910.39(d))

An employer must inform employees, upon initial assignment to a job, of the fire hazards to which they are exposed. The employer must also review with each employee those parts of the plan necessary for self-protection.

Common Compliance Approaches

Pair the Plan With the Emergency Action Plan

Many employers keep the fire prevention plan and the emergency action plan under section 1910.38 in one binder or system, since standards that require one often require both.

Walk the Site Area by Area

Build the hazard list from a physical walkdown of each area, noting fuels, ignition sources and the fire protection equipment present.

Link Safeguards to Maintenance Work Orders

Schedule checks of heat-producing equipment safeguards as recurring preventive maintenance tasks so the procedures in the plan are actually carried out and documented.

Build Fire Hazards Into Onboarding

Add an area-specific fire hazard briefing to new hire and job transfer checklists to cover the initial assignment requirement.

Example: Fire Prevention Plans in Practice

A contract sterilization facility uses ethylene oxide, so the ethylene oxide standard requires it to have a fire prevention plan. The safety manager walks the plant and lists the major hazards: the ethylene oxide supply and sterilizer chambers, a propane forklift charging area and a packaging room with large amounts of cardboard. For each hazard, the plan describes storage and handling rules, ignition controls and the fire protection equipment provided. The maintenance supervisor is named by job title as responsible for heat-producing equipment safeguards, and the warehouse lead is responsible for daily removal of cardboard waste. New operators review the parts of the plan that apply to their work area during their first week.

Related regulations: OSHA emergency action plans, OSHA portable fire extinguishers, OSHA flammable liquids.

Note: Section 1910.39 applies in general industry. Construction employers have separate fire protection and prevention requirements in Part 1926, Subpart F. State plan states may set stricter rules, and local fire codes may also apply.

Frequently Asked Questions

Does every employer need a fire prevention plan?

Section 1910.39 applies when another OSHA standard requires a fire prevention plan, such as the ethylene oxide, methylenedianiline or 1,3-butadiene standards, or when an employer relies on total evacuation under the portable fire extinguisher standard. Many other employers adopt a plan as good practice.

Can a small employer have an oral plan?

Yes. An employer with 10 or fewer employees may communicate the fire prevention plan orally instead of keeping it in writing.

How is a fire prevention plan different from an emergency action plan?

A fire prevention plan focuses on preventing fires by controlling fuels, ignition sources and waste. An emergency action plan under section 1910.38 covers what employees do during an emergency, such as reporting, evacuation and accounting for employees.