There are very, and I mean like I can can the number of audits on one hand, rare that we do a compliance audit and not have a 1910.157 finding. And the kicker of it… OSHA gives employers options on how they manage their use of fire extinguishers. Bottom line… OSHA does NOT require that fire extinguishers be provided; your insurance company may require or your state fire code may require it, but OSHA does not. Here are our compliance (minimum) options when it comes to fire extinguishers…
NOTE: I am offering this information for those who have decided they will NOT train any of their employees in “incipent stage” fire fighting using fire extinguishers. I am in NO WAY advocating that we throw out our extinguishers, we just have to manage our personnel risks and property risks PROPERLY.
Employers are generally required by 29 CFR 1910 to provide portable fire extinguishing equipment for use in fighting incipient stage fires in the workplace. 29 CFR 1910.157, however, provides alternatives for employers who do not want their employees to fight incipient stage fires in the workplace. Employers who opt for the evacuation of all or most employees to a safe area do not have to comply with certain requirements of 1910.157, depending on the option chosen. These options are:
(emphasis by me)
Option #1
The employer evacuates ALL employees to safety when a fire occurs [1910.157(b)(1)]:
Employers who select this option are relieved from compliance with 1910.157 UNLESS a specific standard in part 1910 requires that portable fire extinguishers be provided. If the employer selects this option, compliance with 1910.38(a) AND (b) IS REQUIRED through 1910.157(b)(1).
1910.157(b)(1) Where the employer has established and implemented a written fire safety policy which requires the immediate and total evacuation of employees from the workplace upon the sounding of a fire alarm signal and which includes an emergency action plan and a fire prevention plan which meet the requirements of 29 CFR 1910.38 and 29 CFR 1910.39 respectively, and when extinguishers are not available in the workplace, the employer is exempt from all requirements of this section unless a specific standard in part 1910 requires that a portable fire extinguisher be provided.
1910.38(a) Application. An employer must have an emergency action plan whenever an OSHA standard in this part requires one. The requirements in this section apply to each such emergency action plan.
1910.38(b) Written and oral emergency action plans. An emergency action plan must be in writing, kept in the workplace, and available to employees for review. However, an employer with 10 or fewer employees may communicate the plan orally to employees.
Option #2
The employer evacuates all employees EXCEPT THOSE DESIGNATED TO USE PORTABLE FIRE EXTINGUISHERS [1910.157(b)(2)]:
Employers who select this option need not comply with the DISTRIBUTION REQUIREMENTS of 1910.157(d). This option allows for the employer to distribute extinguishers in a manner such that they are available to the employees designated to fight incipient stage fires. If the employer selects this option, compliance with 1910.38(a) is required through 1910.157(b)(2).
1910.157(b)(2) Where the employer has an emergency action plan meeting the requirements of 1910.38 which designates certain employees to be the only employees authorized to use the available portable fire extinguishers, and which requires all other employees in the fire area to immediately evacuate the affected work area upon the sounding of the fire alarm, the employer is exempt from the distribution requirements in paragraph (d) of this section.
1910.157(d) Selection and distribution.
1910.157(d)(1) Portable fire extinguishers shall be provided for employee use and selected and distributed based on the classes of anticipated workplace fires and on the size and degree of hazard which would affect their use.
1910.157(d)(2) The employer shall distribute portable fire extinguishers for use by employees on Class A fires so that the travel distance for employees to any extinguisher is 75 feet (22.9 m) or less.
1910.157(d)(3) The employer may use uniformly spaced standpipe systems or hose stations connected to a sprinkler system installed for emergency use by employees instead of Class A portable fire extinguishers, provided that such systems meet the respective requirements of 1910.158 or 1910.159, that they provide total coverage of the area to be protected, and that employees are trained at least annually in their use.
1910.157(d)(4) The employer shall distribute portable fire extinguishers for use by employees on Class B fires so that the travel distance from the Class B hazard area to any extinguisher is 50 feet (15.2 m) or less.
1910.157(d)(5) The employer shall distribute portable fire extinguishers used for Class C hazards on the basis of the appropriate pattern for the existing Class A or Class B hazards.
1910.157(d)(6) The employer shall distribute portable fire extinguishers or other containers of Class D extinguishing agent for use by employees so that the travel distance from the combustible metal working area to any extinguishing agent is 75 feet (22.9 m) or less. Portable fire extinguishers for Class D hazards are required in those combustible metal working areas where combustible metal powders, flakes, shavings, or similarly sized products are generated at least once every two weeks.
Where portable fire extinguishers are not available and are not required by a particular OSHA standard, citations for violations of 1910.157(c) through (g) will not be issued if the employer’s written fire safety policy requires immediate and total evacuation of employees from the workplace upon the sounding of a fire alarm signal, and if the employer’s policy includes an EAP and a FPP in compliance with 1910.38. However, if the employer does not comply with requirements of 1910.38, citations
for violation(s) of 1910.157(c) through (g) may be issued. The employer will then have an option to abate the violation(s) through compliance with 1910.157(c) through (g), or by correcting the deficiencies in the EAP and/or FPP. Furthermore, where extinguishers are required by a particular OSHA standard, (e.g., fire control at flammable or combustible liquid storage locations) but are not provided, the employer is in violation of the OSHA standard requiring the extinguishers.
Option #3
The employer keeps portable fire extinguishers in the workplace but does NOT want (should state “ALLOW”) employees fighting fires and therefore evacuates the employees to safety [1910.157(a)]:
OSHA recognizes that portable fire extinguishers may be required in the workplace by other organizations (e.g., insurance companies, local fire departments, etc.). Portable fire extinguishers that are NOT intended for employee use may still pose a hazard if they are NOT PROPERLY MAINTAINED. Employers who select this option MUST COMPLY ONLY with the maintenance, inspection, and testing requirements in paragraphs (e) and (f) of 1910.157.
When extinguishers are provided in the workplace but are NOT intended for employee use, AND the employer has developed an EAP AND a FPP fully meeting the requirements of 1910.38, only citations for violations of inspection, maintenance, and testing [1910.157(e)], and hydrostatic testing [1910.157(f)] may be issued. However, if the employer does not comply fully with the requirements of 1910.38, then citations alleging violation(s) of 1910.157(c) through (g) may be issued. The employer will then have an option to abate the violation(s) through compliance with 1910.157(c) through (g) or by correcting the specific deficiencies in the EAP and/or
Fire Prevention Plan (FPP).
Employers who do not select any of these options but instead PROVIDE PORTABLE FIRE EXTINGUISHERS FOR USE BY ANY EMPLOYEE TO USE IN FIGHTING INCIPIENT STAGE FIRES MUST COMPLY WITH 1910.157 IN ITS ENTIRETY. Employers who provide portable fire extinguishers for employee use must provide an educational program to familiarize all employees with the general principles of fire extinguisher use [1910.157(g)(1) and (g)(2)]. Employees who are expected to use portable fire extinguishers MUST BE PROVIDED WITH “HANDS ON” TRAINING in the use of the fire extinguishing equipment [1910.157(g)(3)]. If the employer chooses to comply with all of 1910.157, there is NO requirement to comply with 1910.38.
PLEASE note that most states and insurance companies will require the workplace to have fire extinguishers.
SOURCE: CPL 2-1.037