1910.39 Fire Prevention Plans: citations, penalties and recently cited employers
Data as of October 5, 2026 · citations issued Oct 5, 2025 to Oct 5, 2026
Applies when another standard requires a fire prevention plan. The plan identifies major fire hazards in the workplace, proper handling and storage of hazardous materials, potential ignition sources and their controls, and the fire protection equipment available. It must name the people responsible for maintaining fire prevention equipment and for controlling fuel source hazards, and describe housekeeping for flammable waste. Written plans are required except in workplaces with ten or fewer employees, and employees must be told of the fire hazards they face.
What the standard requires
- Prepare a written fire prevention plan unless ten or fewer employees
- List major fire hazards, ignition sources, and fire protection equipment
- Assign responsibility for equipment maintenance and fuel hazard control
- Inform employees of the fire hazards relevant to their jobs
Hazards it addresses
- Workplace fires from uncontrolled ignition sources
- Fire spread from accumulated flammable waste
Usually cited in manufacturing and facilities handling flammable materials.
Plain-language summary written for this site; it is not the regulatory text and not legal advice. Read the official text at eCFR.
Citations by month
Inspections with citations issued, by month of issuance. Hatched months are incomplete: citations reach the public data about a month after issuance.
Most-cited paragraphs
| Paragraph | What it covers | Items | Inspections | Median initial penalty |
|---|---|---|---|---|
| 1910.39(b) | Plan in writing, kept at the workplace, and available to employees | 9 | 9 | $930 |
| 1910.39(c)(1) | Minimum elements of the fire prevention plan | 2 | 2 | $700 |
| 1910.39(c)(2) | Minimum elements of the fire prevention plan | 2 | 2 | $4,956 |
| 1910.39(a) | 1 | 1 | $4,256 | |
| 1910.39(c)(3) | Minimum elements of the fire prevention plan | 1 | 1 | $1,400 |
| 1910.39(c)(4) | Minimum elements of the fire prevention plan | 1 | 1 | $1,400 |
| 1910.39(c)(5) | Minimum elements of the fire prevention plan | 1 | 1 | $1,400 |
| 1910.39(d) | Informing employees of fire hazards | 1 | 1 | $16,550 |
Penalties
Across 18 alleged items, OSHA and state-plan offices proposed $48,247 in initial penalties. The current total in the public data is $34,508, 28% lower after settlements, contests and amendments.
By violation type: Other-than-serious 72%; Serious 28%.
Citations by state
| State | Inspections cited | Items | Initial penalties | Current penalties |
|---|---|---|---|---|
| Massachusetts | 4 | 4 | $20,806 | $16,550 |
| Puerto Rico | 3 | 7 | $10,000 | $3,982 |
| Rhode Island | 2 | 2 | $930 | $465 |
| Iowa | 1 | 1 | $0 | $0 |
| Kentucky | 1 | 1 | $7,000 | $4,000 |
| Maine | 1 | 1 | $0 | $0 |
| New Jersey | 1 | 1 | $1,000 | $1,000 |
| New York | 1 | 1 | $8,511 | $8,511 |
By industry
- Manufacturing: 6 inspections
- Health care & social assistance: 2 inspections
- Retail trade: 2 inspections
- Administrative & waste services: 1 inspections
- Other services: 1 inspections
- Real estate & rental: 1 inspections
- Utilities: 1 inspections
Recently cited establishments
About these records. Citations list alleged violations and proposed penalties. Employers can contest them, and many are reduced or withdrawn in settlement. Each row shows the original and the current penalty and a status label derived from the public data as of October 5, 2026. Check the linked osha.gov page for the official record.
| Establishment | Location | Issued | Alleged items | Initial penalty | Current penalty | Status and deadlines | Source |
|---|---|---|---|---|---|---|---|
| Comprehensive at Orleans, LLC | Albion, NY | Aug 6, 2026 | 1 | $8,511 | $8,511 | ContestedAbatement due Aug 14, 2026Contested Aug 14, 2026 | osha.gov |
| Evergreen Unfinished Furniture, Inc. | Watertown, MA | May 28, 2026 | 1 | $0 | $0 | Informal settlementAbatement due Aug 31, 2026 | osha.gov |
| Evergreen Unfinished Furniture, Inc. | Newton, MA | May 28, 2026 | 1 | $0 | $0 | Informal settlementAbatement due Jul 2, 2026 | osha.gov |
| Fayette County Public Schools | Lexington, KY | May 22, 2026 | 1 | $7,000 | $4,000 | Informal settlementAbatement due Jun 9, 2026 | osha.gov |
| Ryan Designs, LLC | West Warwick, RI | Apr 13, 2026 | 1 | $930 | $465 | Informal settlementAbatement due May 28, 2026 | osha.gov |
| Marques Waren, Inc. | Humacao, PR | Mar 26, 2026 | 5 | $7,000 | $2,830 | Informal settlementAbatement due Apr 21, 2026 | osha.gov |
| Morgan Foods Company, LLC | Pawtucket, RI | Mar 12, 2026 | 1 | $0 | $0 | Informal settlementAbatement due Apr 27, 2026 | osha.gov |
| Dampney Company, Inc. | Everett, MA | Mar 2, 2026 | 1 | $4,256 | $0 | Informal settlementAbatement due Mar 26, 2026 | osha.gov |
| Agrequip, Inc. | Houghton, IA | Feb 13, 2026 | 1 | $0 | $0 | Informal settlementAbatement due Mar 10, 2026 | osha.gov |
| Made and Assembled, LLC | Limington, ME | Feb 12, 2026 | 1 | $0 | $0 | Informal settlementAbatement due Apr 1, 2026 | osha.gov |
| Joint Meeting of Essex & Union Counties | Elizabeth, NJ | Jan 23, 2026 | 1 | $1,000 | $1,000 | Final orderAbatement due Mar 16, 2026 | osha.gov |
| Bath, Tile and Stone by Carlos Robles Corp. | Caguas, PR | Jan 15, 2026 | 1 | $1,200 | $0 | Informal settlement | osha.gov |
| Gabriel Care, Inc. | Fall River, MA | Dec 30, 2025 | 1 | $16,550 | $16,550 | ContestedAbatement due Jan 8, 2026Contested Jan 21, 2026 | osha.gov |
| Pueblo Inc. | Caguas, PR | Dec 3, 2025 | 1 | $1,800 | $1,152 | Informal settlementAbatement due Dec 29, 2025 | osha.gov |
Often cited together
- 1910.1200 Hazard Communication (7 shared inspections)
- 1910.38 Emergency Action Plans (7 shared inspections)
- 1910.132 PPE General Requirements (6 shared inspections)
- 1910.303 Electrical General (5 shared inspections)
- 1910.305 Wiring Methods (5 shared inspections)
- 1910.37 Exit Route Maintenance (4 shared inspections)
- 1910.22 Walking-Working Surfaces (4 shared inspections)
- 1910.151 First Aid (4 shared inspections)
Questions
What does OSHA standard 1910.39 require?
Applies when another standard requires a fire prevention plan. The plan identifies major fire hazards in the workplace, proper handling and storage of hazardous materials, potential ignition sources and their controls, and the fire protection equipment available. It must name the people responsible for maintaining fire prevention equipment and for controlling fuel source hazards, and describe housekeeping for flammable waste. Written plans are required except in workplaces with ten or fewer employees, and employees must be told of the fire hazards they face.
How often was 1910.39 cited in the last 12 months?
In the public data as of October 5, 2026, 1910.39 (Fire Prevention Plans) appeared in 14 inspections with citations issued between Oct 5, 2025 and Oct 5, 2026, covering 18 alleged violation items.
Which part of 1910.39 is cited most?
1910.39(b) was the most-cited paragraph, with 9 items: Plan in writing, kept at the workplace, and available to employees
Which states cite 1910.39 most often?
The most citations under 1910.39 in this period were issued in Massachusetts, Puerto Rico, Rhode Island.
What is the typical penalty for a 1910.39 violation?
The median initial (proposed) penalty per item was $1,400; the median current penalty after settlements and amendments was $0. Totals: $48,247 proposed, $34,508 current. Penalties vary by violation type, employer size and history, and State Plans set their own amounts.
Are 1910.39 citations final?
Not necessarily. A citation is an allegation until it becomes a final order. 11% of these items were contested, and many others were changed in settlements. Each listing shows its current status and a link to the official record.