Must all employers have fire prevention plans?

General industry

Although general industry employers are only required to have a fire prevention plan (FPP), under 29 CFR 1910.39, when an applicable OSHA standard requires it, OSHA strongly recommends that all employers have a fire prevention plan. The following OSHA standards require FPPs:

• 1910.157(a)-(b), Portable Fire Extinguishers,
• 1910.1047, Ethylene Oxide
• 1910.1050, Methylenedianiline
• 1910.1051, 1,3-Butadiene

If a general industry employer has 10 or fewer employees, they may communicate the FPP orally. If an employer has more than 10 employees, the plan must be written, kept in the workplace, and available for employee review.

Construction

For construction, the fire protection and prevention standards, found at 29 CFR 1926.24 and 1926 Subpart F, do not specifically indicate a requirement for sites to have a written fire protection and prevention program. However, the regulation at 1926.24 clearly indicates the need for: “the development and maintenance of an effective fire protection and prevention program at the job site throughout all phases of the construction, repair, alteration, or demolition work.” The regulation adds, “The employer shall ensure the availability of the fire protection and suppression equipment required by Subpart F of this part.”

It should be noted that, according to 1926.60(e)(1)(iii), the Methylenedianiline (MDA) Standard for construction does, in fact, require a written FPP, but in accordance with the general industry emergency action plan requirement at 1910.39.