1910.39(b): Written or Oral Fire Prevention Plan
Employers must put their fire prevention plan in writing, keep it in the workplace and make it available for employees to review. Employers with 10 or fewer employees may communicate the plan orally.
Key takeaways
- 1910.39(b) is part of OSHA's general industry standards (29 CFR Part 1910, Subpart E).
- OSHA cited it 42 times in the last 3 years, in 42 inspections, with $35,428 in current penalties.
- Most citations: NJ (5), VA (5), IL (4).
- Free 5-minute toolbox talk for your crew below.
In this article
What this rule covers
29 CFR 1910.39(b) ("Written and oral fire prevention plans") is one requirement inside 1910.39 Fire prevention plans, an OSHA general industry standard (Part 1910, Subpart E). 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
(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. 42 citations
Source: eCFR, text current as of 2026-10-15. Read all of 1910.39.
Where and how often it was cited
| Year | Citations |
|---|---|
| 2023 | 3 |
| 2024 | 19 |
| 2025 | 12 |
| 2026 | 8 |
Top states: NJ (5), VA (5), IL (4), KY (4), MA (3)
Largest penalties
| Employer | Location | Penalty for this rule |
|---|---|---|
| M.S. AMBROGIO | AUBURN, ME | $7,688 |
| 67156 - WOLFE COUNTY | ZACHARIAH, KY | $4,900 |
| 68690 - FAYETTE COUNTY PUBLIC SCHOOLS | LEXINGTON, KY | $4,000 |
| P I LIQUIDATING, INC. | PROSPECT, CT | $3,227 |
| TEXAROME INC | LEAKEY, TX | $3,000 |
Free toolbox talk
A 5-minute crew talk on 1910.39(b), plus alerts when this rule changes. Free.
OSHA interpretation letters
- Clarification of whether employee emergency action or fire prevention plans need to be in written form (1990-02-05)
Get your crew competent
Trainers on Black Belt Safety: Marc Harvey, Dana Reyes
Trainers and suppliers: feature your business on this rule for $25/month.
Frequently asked questions
Must a fire prevention plan be written?
Yes, unless the employer has 10 or fewer employees, who may communicate it orally.
Where must the written plan be kept?
In the workplace, available to employees for review.
Can employees read the plan?
Yes. It must be made available to employees for review.
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 2026-10-21
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.