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General Industry (29 CFR 1910)

Fire Prevention Plans

Verified vs OSHA sources · 2026-10-05

29 CFR 1910.39

29 CFR 1910.39 requires a fire prevention plan where another standard mandates one: it must list the major fire hazards, the procedures for handling and storing flammable materials, the controls on ignition sources, and who maintains the fire-prevention equipment. It focuses on stopping fires before they start, complementing the emergency action plan.

29 CFR 1910.39 at a glance

What it requires
A plan to prevent workplace fires by controlling hazards and ignition sources
Written?
Yes, in writing and available to employees (≤10 employees may communicate it orally)
Minimum elements
Fire hazards + handling/storage, ignition-source control, fire equipment, waste control, responsible staff
Pairs with
The emergency action plan (1910.38): prevention plus response
Max penalty (2026)
$16,550 per serious violation; $165,514 per willful
The #1 confusion
A fire prevention plan prevents fires; an emergency action plan handles the evacuation

What 29 CFR 1910.39 requires (plain English)

29 CFR 1910.39 requires a fire prevention plan (FPP): the written plan that identifies the fire hazards in a workplace and sets out how the employer will control them so a fire does not start. Where the emergency action plan (1910.38) is about responding once an emergency occurs, the fire prevention plan is about prevention: knowing what can burn, what can ignite it, and how both are managed. Several OSHA standards require an FPP, and where an employer's policy is total evacuation (no employee firefighting), an FPP is part of the reduced-obligation alternative.

The plan must be in writing, kept in the workplace, and available to employees for review, with the same exception as the EAP: an employer with 10 or fewer employees may communicate it orally. At a minimum, the FPP 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; procedures to control accumulations of flammable and combustible waste materials; procedures for regular maintenance of safeguards installed on heat-producing equipment to prevent the accidental ignition of combustible materials; and the name or job title of employees responsible for maintaining equipment to prevent or control ignition sources, and those responsible for the control of fuel-source hazards.

The employer must inform employees, upon initial assignment, of the fire hazards of the materials and processes they are exposed to, and must review with each employee the parts of the plan needed for self-protection. The FPP works together with the emergency action plan (1910.38), the portable fire extinguisher requirements (1910.157), and the flammable-liquids storage rules (1910.106) to form a complete approach: prevent the fire, control what fuels it, and be ready to evacuate or extinguish if one starts anyway.

The regulatory text

“A fire prevention plan must be in writing, be kept in the workplace, and be made available to employees for review. However, an employer with 10 or fewer employees may communicate the plan orally to employees.”
29 CFR 1910.39(b)

Key facts about 29 CFR 1910.39

  • Required wherever another OSHA standard requires a fire prevention plan (1910.39(a)).
  • Must be in writing, kept in the workplace, and available to employees, except ≤10 employees may communicate it orally.
  • Element 1: a list of all major fire hazards, handling/storage procedures, ignition sources and their control, and the needed fire protection equipment.
  • Element 2: procedures to control accumulations of flammable and combustible waste materials.
  • Element 3: procedures for regular maintenance of safeguards on heat-producing equipment.
  • Element 4 (c)(4): the name or job title of employees responsible for maintaining equipment to prevent or control sources of ignition or fires.
  • Element 5 (c)(5): the name or job title of employees responsible for the control of fuel source hazards.
  • Employees must be informed of the fire hazards of their materials/processes at initial assignment.

Scope: who 29 CFR 1910.39 applies to

Regulatory framework
General Industry (29 CFR 1910)
Citation reference
29 CFR 1910.39
Enforcement status
In force and enforced
Jurisdiction
Federal OSHA (29 State-Plan jurisdictions may be stricter)

State-Plan states (e.g. California, Washington, Michigan) operate OSHA-approved programs that must be at least as effective as federal OSHA and frequently impose higher penalties or additional requirements. Confirm the rule as adopted in your state.

Key requirements of 29 CFR 1910.39

#Employer obligation
1Develop written fire prevention plan
2Identify major workplace fire hazards
3Document handling and storage of flammable materials
4Maintain fire protection equipment
5Train employees on fire hazards

Summarized from the text of 29 CFR 1910.39. Always read the full regulation for the binding language.

Common Fire Prevention Plans violations

Deficiencies OSHA cites under 29 CFR 1910.39 include the ones below, in no particular order. Distinct deficiencies can be cited as separate items, and each serious item carries up to $16,550 (2026). Broader per-instance stacking exists but is a discretionary, case-by-case OSHA enforcement policy, not an automatic multiplier.

  • No written fire prevention plan where one is required (1910.39(a)/(b)).
  • No list of major fire hazards or handling/storage procedures (1910.39(c)(1)).
  • No procedures to control accumulations of flammable/combustible waste (1910.39(c)(2)).
  • No maintenance of safeguards on heat-producing equipment (1910.39(c)(3)).
  • Employees not informed of the fire hazards of their materials/processes (1910.39(d)).

Prevention (1910.39) vs. response (1910.38)

A fire prevention plan and an emergency action plan are complementary but distinct, and they are easy to mix up because employers often prepare them together. The FIRE PREVENTION PLAN (1910.39) is forward-looking: it catalogs the fire hazards and fuel sources, controls ignition sources, manages combustible waste, and maintains safeguards on heat-producing equipment, all to stop a fire from starting. The EMERGENCY ACTION PLAN (1910.38) is what happens AFTER: reporting, evacuation, head-count, and rescue. Confusing the two leads to gaps: an evacuation plan with no fire-hazard controls, or a hazard list with no evacuation procedures. Each plan has its own required elements, and both allow oral communication only for employers with 10 or fewer employees.

What OSHA inspectors look for

A compliance officer checks that the plan identifies the workplace's actual fire hazards and ignition-source controls, that flammables are stored and handled as the plan describes, and that fire-control equipment is maintained. A generic plan that ignores the site's real hazards is a common finding.

Example: how a violation is cited

A facility stores solvents near ignition sources with no written fire prevention plan addressing them. A flash fire follows; OSHA cites 1910.39 for the missing plan and hazard controls: a preventable ignition, with penalties from $16,550.

Illustrative example, not a specific OSHA case.

Fire Prevention Plans compliance checklist

Use this to evaluate your compliance with 29 CFR 1910.39. Each item is a key requirement OSHA may verify during an inspection.

  • Put the FPP in writing (or communicate orally only if 10 or fewer employees) and keep it available.
  • List all major fire hazards with handling/storage procedures and the needed fire protection equipment.
  • Identify potential ignition sources and how they are controlled.
  • Set procedures to control accumulations of flammable and combustible waste.
  • Maintain safeguards on heat-producing equipment to prevent accidental ignition.
  • Name those responsible for ignition-source and fuel-source control, and inform employees of their materials' fire hazards.

2026 penalties for 29 CFR 1910.39

Maximums set by 29 CFR 1903.15(d). 2026 amounts unchanged from 2025 (no CPI adjustment; OMB M-26-11). Not an increase. The 2025 OSHA penalty levels remain in effect for 2026; OSHA made no inflation adjustment for 2026. 29 CFR 1903.15 identifies January 15, 2025 as the effective reference for these amounts, while OSHA's public penalties page currently references penalties assessed after Jan. 15, 2026.

Violation typeMinimumMaximumWhen it applies
Serious$1,085$16,550Substantial probability of death or serious physical harm.
Other-Than-Serious$0$16,550Relates to safety/health but unlikely to cause death or serious harm.
Willful$11,823$165,514Intentional, knowing, or voluntary disregard of the requirement.
Repeated$4,256$165,514A substantially similar violation cited within the last 5 years.
Failure to AbateNone$16,550/dayup to $16,550 per day; total capped at 30x the daily amount (FOM Ch.6)

Fire-prevention-plan citations often accompany flammable-storage and emergency-plan findings. Serious violations reach $16,550 and willful or repeat violations $165,514; the plan and the underlying hazards are frequently cited together.

Maximums and the willful minimum are set by 29 CFR 1903.15(d); the serious and repeated minimums are OSHA policy floors from its annual penalty adjustment memo. OSHA applies gravity-based and size, good-faith and history reductions (FOM CPL 02-00-164 Ch.6). Estimates only, not legal advice.

The business case for Fire Prevention Plans compliance

Most workplace fires start from a handful of predictable sources: flammable storage, hot work, electrical faults, accumulated combustibles. A fire prevention plan forces an employer to name those hazards and control them, which is far cheaper than fighting the fire they cause.

Free compliance tools for 29 CFR 1910.39

Fire Prevention Plans penalties by state

Penalties and enforcement vary by state. State-Plan states may impose higher penalties and additional requirements beyond federal 29 CFR 1910.39.

Frequently asked questions about 29 CFR 1910.39

What must a fire prevention plan include?

Under 1910.39(c): 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 needed to control each major hazard; procedures to control accumulations of flammable and combustible waste; procedures for regular maintenance of safeguards installed on heat-producing equipment; and the name or job title of employees responsible for controlling ignition sources and for controlling fuel-source hazards.

Does a fire prevention plan have to be written?

Generally yes. Under 1910.39(b), a fire prevention plan must be in writing, kept in the workplace, and made available to employees for review. The exception is an employer with 10 or fewer employees, who may communicate the plan orally. Even with oral communication, the plan must still address all the required elements.

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

A fire prevention plan (1910.39) focuses on PREVENTING fires: identifying fire hazards and fuel sources, controlling ignition sources, managing combustible waste, and maintaining safeguards on heat-producing equipment. An emergency action plan (1910.38) focuses on RESPONDING to an emergency: reporting, evacuation, accounting for employees, and rescue or medical duties. They are complementary, and many workplaces are required to have both.

Do employees have to be told about fire hazards?

Yes. Under 1910.39(d), the employer must inform employees, upon initial assignment to a job, of the fire hazards of the materials and processes to which they are exposed, and must review with each employee those parts of the fire prevention plan necessary for the employee's self-protection. This ensures workers understand what can burn in their area and how ignition is controlled.

Regulatory history of 29 CFR 1910.39

1910.39 was created in the 2002 plain-language rewrite of Subpart E, splitting the fire prevention plan out as its own section alongside the emergency action plan (1910.38). Together with the flammable-liquids (1910.106) and portable fire extinguisher (1910.157) standards, it forms OSHA's general-industry fire-safety framework.

Related glossary terms

Key terms that appear in 29 CFR 1910.39, each with a full plain-English explainer.

Primary sources

OSHA figures on this page are imported from HazComFast's verified regulatory module (verified 2026-10-05 against eCFR, OSHA.gov, and the Federal Register).

This page is an educational summary, not legal advice. OSHA standards and penalty amounts change; confirm requirements against the current regulation and your applicable State-Plan before acting.

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OSHA does not give advance notice of inspections (29 CFR 1903.6). Get the binder in order before the opening conference, not during it.

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