Rule 801.
(1)
The rules apply to the placement, use, maintenance, and testing of portable
fire extinguishers provided for the use of employees.
29 CFR
1910.157(d) does not apply
to extinguishers provided for employee use on the outside of workplace
buildings or structures. Where extinguishers are provided but are not intended
for employee use and the employer has an emergency action plan and a fire
prevention plan that meet the requirements of
29 CFR
1910.38 and
29 CFR
1910.39, respectively, then only the
requirements of 29 CFR
1910.157(e) and (f) apply.
The provisions of this part are the minimum requirements for portable fire
extinguishers. A specific rule may be set forth in other general industry
safety standards where, due to process hazards, additional portable fire
extinguishers may be required.
Exemptions. 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 meets 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 General Industry Safety and
Health standard requires that a portable fire extinguisher be provided. Where
the employer has an emergency action plan meeting the requirements of
29 CFR
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
29 CFR
1910.157(d).
(2) The federal Occupational Safety and
Health Administration (OSHA) regulations
29 CFR
1910.155(c), "Definitions
applicable to this subpart," as amended April 12, 1998, are adopted by
reference in these rules, except for the following:
(a) Section
1910.155(c)(1).
(b) Section
1910.155(c)(5).
(c) Section
1910.155(c)(6).
(d) Section
1910.155(c)(15).
(e) Section
1910.155(c)(16).
(f) Section
1910.155(c)(17).
(g) Section
1910.155(c)(18).
(h) Section
1910.155(c)(19).
(i) Section
1910.155(c)(20).
(j) Section
1910.155(c)(22).
(k) Section
1910.155(c)(25).
(l) Section
1910.155(c)(28).
(m) Section
1910.155(c)(29).
(n) Section
1910.155(c)(30).
(o) Section
1910.155(c)(32).
(p) Section
1910.155(c)(33).
(q) Section
1910.155(c)(34).
(r) Section
1910.155(c)(35).
(s) Section
1910.155(c)(36).
(t) Section
1910.155(c)(37).
(u) Section
1910.155(c)(39)(iv).
(v) Section
1910.155(c)(40).
(w) Section
1910.155(c)(42).
(3) The following federal
Occupational Safety and Health Administration (OSHA) regulations
29 CFR
1910.157, "Portable fire extinguishers," as
amended November 7, 2002, are adopted by reference in these rules:
(a) A reference to
29 CFR
1910.38 means General Industry Safety
Standard Part 6. "Fire Exits."
(b)
A reference to 29 CFR
1910.39 means General Industry Safety
Standard Part 6. "Fire Exits."
(c)
A reference to 29 CFR
1910.158 means General Industry Safety
Standard Part 9. "Fixed Fire Equipment."
(d) A reference to
29 CFR
1910.159 means General Industry Safety
Standard Part 9. "Fixed Fire Equipment."
(4) The adopted federal regulations have the
same force and effect as a rule promulgated under the Michigan occupational
safety and health act, 1974 PA 154, MCL
408.1001 to
408.1094.
(5) The OSHA regulations adopted in these
rules are available from the United States Department of Labor, Occupational
Safety and Health Administration website,
www.osha.gov, at no charge, as of the time of
adoption of these rules.
(6) The
standards adopted in these rules are available for inspection at the Department
of Labor and Economic Opportunity, Michigan Occupational Safety and Health
Administration (MIOSHA), Standards and FOIA Section, 530 West Allegan Street,
P.O. Box 30643, Lansing, Michigan, 48909-8143.
(7) The following MIOSHA standards are
referenced in these rules:
(8) Up to 5 copies of the standards listed in
subrule (2) of this rule may be obtained at no charge from the Department of
Labor and Economic Opportunity, MIOSHA, Standards and FOIA Section, 530 West
Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143 or via the
internet at the following website:
www.michigan.gov/mioshastandards.
For quantities greater than 5, the cost, as of the time of adoption of these
rules, is 4 cents per page.
