DEPARTMENT OF LABOR AND ECONOMIC OPPORTUNITY
DIRECTOR’S OFFICE
GENERAL INDUSTRY SAFETY AND HEALTH STANDARD
(By authority conferred on the director of the department of labor and economic
opportunity by sections 16 and 21 of the Michigan occupational safety and health act,
1974 PA 154, MCL 408.1016 and 408.1021, and Executive Reorganization Order Nos.
1996-2, 2003-1, 2008-4, 2011-4, and 2019-3, MCL 445.2001, 445.2011, 445.2025,
445.2030, and 125.1998)
PART 8. PORTABLE FIRE EXTINGUISHERS
R 408.10801 Scope, application, adoption, and availability of standards.
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).
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