1910.39: Fire Prevention Plans
When an OSHA standard requires a fire prevention plan, employers must have one in writing, kept at the workplace and available to employees, though employers with 10 or fewer employees may share it orally. The plan must list major fire hazards, waste and ignition controls and responsible people, and employees must be told of fire hazards upon initial assignment.
Key takeaways
- 1910.39 is part of OSHA's general industry standards (29 CFR Part 1910, Subpart E).
- OSHA cited it 68 times in the last 3 years, in 59 inspections, with $92,174 in current penalties.
- Most citations: PR (10), MA (7), VA (6).
- Most-cited part: 1910.39(b) Written and oral fire prevention plans (42 citations).
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In this article
What this rule covers
29 CFR 1910.39, "Fire prevention plans", is an OSHA general industry standard (Part 1910, Subpart E). It has 9 numbered paragraphs. The official text below is copied word for word from the Electronic Code of Federal Regulations (eCFR). The numbers, injury cases and training on this page show how OSHA enforces it on real job sites.
Official text
Show the full text of 1910.39 (9 paragraphs)
(a) Application. An employer must have a fire prevention plan when an OSHA standard in this part requires one. The requirements in this section apply to each such fire prevention plan. 2 citations
(b) Written and oral fire prevention plans. 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. Open (b) 42 citations
(c) Minimum elements of a fire prevention plan. A fire prevention plan must include: Open (c) 18 citations
(1) 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; 7 citations
(2) Procedures to control accumulations of flammable and combustible waste materials; 4 citations
(3) Procedures for regular maintenance of safeguards installed on heat-producing equipment to prevent the accidental ignition of combustible materials; 1 citations
(4) The name or job title of employees responsible for maintaining equipment to prevent or control sources of ignition or fires; and 3 citations
(5) The name or job title of employees responsible for the control of fuel source hazards. 3 citations
(d) Employee information. An employer must inform employees upon initial assignment to a job of the fire hazards to which they are exposed. An employer must also review with each employee those parts of the fire prevention plan necessary for self-protection. 6 citations
[67 FR 67961, Nov. 7, 2002]
Source: eCFR, text current as of 2026-10-15.
Export the list: 59 inspections cited 1910.39 in the last 3 years, with employer, location, penalty and date.
Purple Belt, $59/moWhere and how often it was cited
| Year | Citations |
|---|---|
| 2023 | 2 |
| 2024 | 28 |
| 2025 | 20 |
| 2026 | 18 |
Top states: PR (10), MA (7), VA (6), NJ (5), IL (5)
Largest penalties
| Employer | Location | Penalty for this rule |
|---|---|---|
| GABRIEL CARE, INC. | FALL RIVER, MA | $16,550 |
| GEORGIA PACIFIC WOOD PRODUCTS | CAMDEN, TX | $10,758 |
| COMPREHENSIVE AT ORLEANS, LLC | ALBION, NY | $8,511 |
| M.S. AMBROGIO | AUBURN, ME | $7,688 |
| MUNICIPALITY OF ANCHORAGE | ANCHORAGE, AK | $7,366 |
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OSHA interpretation letters
None exist. OSHA has not published a letter of interpretation for 1910.39.
Most-cited parts of this rule
- 1910.39(b) Written and oral fire prevention plans 42 citations
- 1910.39(c) Minimum elements of a fire prevention plan 18 citations
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Frequently asked questions
Must a fire prevention plan be written?
Yes, unless the employer has 10 or fewer employees, who may communicate the plan orally.
What must the plan include?
Major fire hazards and handling procedures, ignition source controls, needed fire protection equipment, waste control, maintenance of heat-producing equipment safeguards, and responsible names or job titles.
When must employees be told about fire hazards?
Upon initial assignment to a job.
About this page
Sources
- 29 CFR 1910.39 (eCFR), text current as of 2026-10-15
- U.S. Department of Labor enforcement data: OSHA inspections, citations and accident records, copied nightly; data as of 2026-11-06
3-year window. Federal OSHA only; state-plan rules are not counted. Plain-language text is a summary, not legal advice; the official text controls. Black Belt Safety is not part of OSHA or the Department of Labor.