OSHA AI Agent
Get instant answers to any safety question.
Request Demo
OSHA 1910.39

Fire prevention plan requirements

Subpart E

19 Questions & Answers
10 Interpretations

Questions & Answers

Under 1910.39(a), when is an employer required to have a fire prevention plan?

An employer must have a fire prevention plan whenever another OSHA standard in 29 CFR part 1910 requires one. See 1910.39(a).

  • If a specific OSHA standard that applies to your workplace calls for a fire prevention plan, this section requires the employer to prepare one that meets the minimum elements in 1910.39(c).
  • The obligation is triggered by other standards in part 1910, not by this provision alone.

Under 1910.39(b), must the fire prevention plan be written and where must it be kept?

Yes — the fire prevention plan must be in writing and kept in the workplace so employees can review it, unless the employer has 10 or fewer employees and communicates it orally. See 1910.39(b).

  • For workplaces with more than 10 employees, keep a written copy on-site and make it available for employee review.
  • Employers with 10 or fewer employees may meet the requirement by communicating the plan orally, but it still must cover the minimum elements in 1910.39(c).

Under 1910.39(b), does an employer with 10 or fewer employees have to have a written fire prevention plan?

No — an employer with 10 or fewer employees may communicate the fire prevention plan orally instead of keeping it in writing. See 1910.39(b).

  • Even when oral communication is allowed, the plan still must include the minimum elements listed in [1910.39(c)](https://www.osha.gov/laws-regs/regulations/standardnumber/1910/1910.39#1910.39(c).
  • Keep records or other evidence of the oral communication if you need to show compliance during an inspection.

Under 1910.39(c)(1), what must a fire prevention plan list about major fire hazards and equipment?

The fire prevention plan must list all major fire hazards, how hazardous materials are properly handled and stored, potential ignition sources and how those sources are controlled, and the type of fire protection equipment needed for each major hazard. See 1910.39(c)(1).

  • Be specific: name the materials or processes that create the hazard, describe storage/handling practices, and identify the suppression or detection equipment tied to each hazard.
  • This list should be clear enough so employees and responders know what hazards exist and what controls are used.

Under 1910.39(c)(2), what procedures must a fire prevention plan include for flammable and combustible waste materials?

The plan must include procedures to control the accumulation of flammable and combustible waste materials. See 1910.39(c)(2).

  • Procedures should specify how often waste is removed or contained, where waste is stored before disposal, and any housekeeping steps to prevent ignition.
  • Tailor procedures to the specific wastes at your site (e.g., oily rags, solvents, packaging) and the operations that generate them.

Under 1910.39(c)(3), what maintenance procedures must be included to prevent accidental ignition from heat-producing equipment?

The plan must include procedures for regular maintenance of safeguards on heat-producing equipment to prevent accidental ignition of combustible materials. See 1910.39(c)(3).

  • Define the maintenance tasks, frequency (e.g., daily/weekly/intervals), and checks for safeguards such as guards, shields, venting, or automatic shutoffs.
  • Include steps to repair or remove equipment that is defective and could create an ignition source until it is made safe.

Under 1910.39(c)(4), does the fire prevention plan have to name the person responsible for maintaining ignition-control equipment?

Yes — the plan must include the name or job title of the employee(s) responsible for maintaining equipment that prevents or controls sources of ignition or fires. See 1910.39(c)(4).

  • You may list specific employee names or job titles (for example, "Maintenance Supervisor" or "Electrical Technician").
  • Using job titles lets the plan remain accurate when staff change, as long as the duties are clearly assigned.

Under 1910.39(c)(5), what must the fire prevention plan say about controlling fuel source hazards?

The plan must include the name or job title of the employee(s) responsible for the control of fuel source hazards. See 1910.39(c)(5).

  • "Fuel source hazards" means materials or systems (gas, flammable liquids, stored fuel) that could feed a fire.
  • Assigning responsibility by job title or name clarifies who must act to control and restore safe fuel handling and storage.

Under 1910.39(b), what does “made available to employees for review” mean for the fire prevention plan?

It means employees must be able to access and review the plan kept in the workplace; employers must provide the plan for employee review during normal work hours. See 1910.39(b).

  • Make the plan accessible where employees can read it (for example, a break room binder, safety office, or an on-site electronic system accessible at work).
  • For small employers (10 or fewer), oral communication satisfies availability, but employees still must be informed of the plan's contents upon initial assignment as required by 1910.39(d).

Under 1910.39(d), when must employees be informed about the fire hazards they are exposed to?

Employees must be informed of the fire hazards to which they are exposed when they are initially assigned to a job. See 1910.39(d).

  • The employer must also review with each employee those parts of the fire prevention plan necessary for that employee's self-protection.
  • This means orientation or on-the-job briefing should cover the specific hazards, controls, and fire-protection equipment relevant to that employee's tasks.

Under 1910.39(d), which parts of the fire prevention plan must be reviewed with each employee?

You must review with each employee the parts of the fire prevention plan that are necessary for that employee's self-protection. See 1910.39(d).

  • Focus the review on hazards, safe work practices, and the location and use of the fire protection equipment that affect the employee’s job.
  • Examples include how to handle flammable materials, where evacuation routes and extinguishers are located, and who is responsible for controlling ignition or fuel hazards.

Under 1910.39(c)(4) and (c)(5), can a job title be used instead of a person's name for responsibilities in the plan?

Yes — the regulation explicitly allows either the name or the job title of the employee responsible for the duties listed in 1910.39(c)(4) and (c)(5). See 1910.39(c)(4) and 1910.39(c)(5).

  • Using a job title (for example, "Plant Engineer") keeps the plan current when staff change, provided the duties remain assigned to that position.
  • Make sure the job title is specific enough that employees know who to contact in an emergency.

Under 1910.39(d), how should employers treat contractors or temporary workers regarding the fire prevention plan?

Employers must inform contractors and temporary workers of the fire hazards they are exposed to upon initial assignment and review the parts of the fire prevention plan necessary for their self-protection. See 1910.39(d).

  • Ensure contractors receive information about site-specific hazards, ignition controls, waste handling, and the location/use of fire protection equipment before work begins.
  • Document or confirm that contractors have been informed when coordination is required for safe work.

Under 1910.39, does OSHA prescribe how often a fire prevention plan must be updated?

No — 1910.39 does not set a specific schedule for updating the fire prevention plan; it requires the plan to contain the minimum elements and to be provided to employees as required. See 1910.39(c) and 1910.39(d).

  • Best practice: update the plan whenever processes, materials, or controls change, after an incident, or when responsibilities shift.
  • Re-inform or retrain employees when key elements change so they remain protected per 1910.39(d).

Under 1910.39(a), if multiple OSHA standards require fire prevention plans at a facility, do you need separate plans for each standard?

You must have a fire prevention plan when an OSHA standard requires one, and each required fire prevention plan must meet the elements in 1910.39; employers can combine plans where appropriate so long as each standard’s requirements are met. See 1910.39(a) and 1910.39(c).

  • If separate OSHA standards apply to different operations, you can create a single facility-wide plan that covers all required elements for each operation, or separate plans tailored to specific operations — either approach is acceptable if it meets the minimum elements.
  • Ensure employees working in each area are informed of the parts that affect their self-protection as required by 1910.39(d).

Under 1910.39, who is ultimately responsible for ensuring a compliant fire prevention plan exists and employees are informed?

The employer is responsible for preparing a compliant fire prevention plan when required and for informing employees of the hazards and relevant parts of the plan. See 1910.39(a) and 1910.39(d).

  • The employer must ensure the plan contains the minimum elements in 1910.39(c) and that employees are informed upon initial assignment.
  • Assigning specific responsibilities (name or job title) for maintenance and fuel-control tasks, as required by 1910.39(c)(4)-(5), helps meet this obligation.

Under 1910.39(c)(1), what level of detail is expected when listing fire protection equipment tied to a hazard?

The plan must identify the type of fire protection equipment necessary to control each major hazard; it should be specific enough that employees and responders can locate and use the correct equipment. See 1910.39(c)(1).

  • Include equipment type (e.g., portable Class B extinguishers, fixed sprinkler system, fire blankets), location, and the hazards they address.
  • If specialized suppression (foam, CO2, dry chemical) is required for a particular hazard, specify that so staff know which equipment is appropriate.

Under 1910.39(b), can a fire prevention plan be kept electronically for employees to review?

Yes — the fire prevention plan can be kept electronically as long as it is kept in the workplace and is made available to employees for review. See 1910.39(b).

  • Ensure employees can access the electronic plan during work hours (for example, via a workstation, kiosk, or company intranet accessible on-site).
  • If employees lack routine electronic access at work, provide a readable paper copy or another on-site means of review to meet the standard.

Under 1910.39(c)(2) and (c)(3), how should a plan balance housekeeping for waste with maintenance of heat-producing equipment?

A compliant fire prevention plan must include both procedures to control flammable/combustible waste accumulation and procedures for regular maintenance of safeguards on heat-producing equipment so both housekeeping and equipment maintenance are addressed. See 1910.39(c)(2) and 1910.39(c)(3).

  • Housekeeping procedures should prevent combustible accumulation near heat sources.
  • Maintenance procedures should keep guards and controls functioning so that heat-producing equipment cannot accidentally ignite nearby materials.