Occupational Safety and Health Administration revokes the open fires ban for marine terminals
As of our last check on November 2, 2026, this is in effect, since April 28, 2026.
We check the Federal Register daily for later actions. We check federal court opinions for rulings on published rules weekly, on Mondays. A ruling can take time to reach us, so not finding one here does not mean there is none.
In short
- What changed
- The Occupational Safety and Health Administration (OSHA) removed its federal ban on open fires and fires in drums at marine terminals (29 Code of Federal Regulations (CFR) 1917.21), effective April 28, 2026.
- Who's affected
- Employers whose workers handle cargo in marine terminals and longshoring operations, such as port and harbor operations and marine cargo handling.
- What to do
- This rule creates no new duties for employers. It removes one federal requirement. Safety teams may want to update training and policy materials that cite the old standard, and check whether a state safety plan still has its own rule.
What changed
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From the sourceI. Executive Summary
This final rule revokes the Open Fires in Marine Terminals Standard, 29 CFR 1917.21
Also: III. Background
The Open Fires Standard prohibits open fires and fires in drums and similar containers (29 CFR 1917.21).
The rule revokes the Open Fires in Marine Terminals Standard, 29 Code of Federal Regulations (CFR) 1917.21. That standard prohibited open fires and fires in drums and similar containers.
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From the sourceIV. Explanation of the Revocation of the Open Fires in Marine Terminals Standard
because of containerization and technology improvements in the marine terminals industry, employees today are not exposed to the elements as they once were
Also: IV. Explanation of the Revocation of the Open Fires in Marine Terminals Standard
OSHA has no record of any citation for violation of the Open Fires Standard
Also: IV. Explanation of the Revocation of the Open Fires in Marine Terminals Standard
OSHA concludes that there is no persuasive evidence in the record that these fires still occur.
The Occupational Safety and Health Administration (OSHA) found the standard is no longer needed. It says workers are less exposed to the elements because of containerization and technology, can wear heated jackets, and that it has no record of any citation under the standard.
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From the sourceIV. Explanation of the Revocation of the Open Fires in Marine Terminals Standard
OSHA received two comments in response to the proposal. Both opposed the revocation of the standard
OSHA received two comments on the proposal. Both opposed removing the standard, but OSHA went ahead with the revocation.
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From the sourceII. Legal Authority
The effective date of this final rule is its date of publication. It is exempt from the APA's requirement for delay in effective date because the rule relieves a restriction
The rule took effect on its publication date, without the usual delay, because it relieves a restriction.
Who is affected
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From the sourceV. Final Economic Analysis
net cost savings for employers in marine terminal and longshoring operations, which are the only industries throughout OSHA's jurisdiction affected by the rescission of 29 CFR 1917.21.
OSHA says employers in marine terminal and longshoring operations are the only industries affected.
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From the sourceV. Final Economic Analysis
OSHA estimates that there are currently 2,617 establishments in the maritime industry affected by OSHA standards addressing open fires
Also: V. Final Economic Analysis
Port and Harbor Operations (NAICS 488310), Marine Cargo Handling (NAICS 488320), Navigational Services to Shipping (NAICS 488330), and Other Support Activities for Water Transportation (NAICS 488390)
OSHA estimates 2,617 affected establishments in port and harbor operations, marine cargo handling, navigational services to shipping, and other support activities for water transportation.
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From the sourceVI.A. Requirements for States With OSHA-Approved State Plans
State Plans are not obligated to make any changes to their existing standards in response to this final rule.
States with OSHA-approved State Plans are not required to change their own standards because of this rule.
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Our analysisVI.A. Requirements for States With OSHA-Approved State Plans
allows State Plans to be more stringent than OSHA in protecting the safety and health of workers in their respective jurisdictions
Employers in State Plan states may still be bound by a state open fire rule, since State Plans may be stricter than OSHA and need not drop their standards.
What it means in practice
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From the sourceV. Final Economic Analysis
OSHA estimates that this deregulatory action will mean $15,377 in cost savings annually.
OSHA estimates small cost savings, mainly from less time spent learning the standard, of $15,377 a year across the industry.
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From the sourceVI.B. OMB Review Under the Paperwork Reduction Act of 1995
This final rule imposes no new information collection requirements and does not affect the currently approved information collections in Marine Terminals (29 CFR Pt. 1917) and Longshoring (29 CFR Pt. 1918)
The rule adds no new paperwork and does not change existing information collections for marine terminals and longshoring.
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Our analysisV. Final Economic Analysis
OSHA's estimate of cost savings may underestimate total cost savings if the elimination of the labor burden for regulatory familiarization extends to the avoidance of unnecessary safety training of employees.
Safety training and written policies that cite 29 CFR 1917.21 no longer reflect a federal requirement. OSHA notes savings may be larger if employers skip training on the removed standard.
What to do
Required
The rule creates no new requirements for employers. It removes the federal ban on open fires at marine terminals.
Worth considering
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Our suggestionI. Executive Summary
This final rule revokes the Open Fires in Marine Terminals Standard, 29 CFR 1917.21
Consider updating marine terminal safety programs, training materials and policies that cite 29 CFR 1917.21 as a federal requirement.
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Our suggestionVI.A. Requirements for States With OSHA-Approved State Plans
State Plans are not obligated to make any changes to their existing standards in response to this final rule.
If you operate in a state with its own OSHA-approved State Plan, consider checking whether the state still has an open fire rule before changing site practices.
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Our suggestionIV. Explanation of the Revocation of the Open Fires in Marine Terminals Standard
The commenter also emphasized the risks associated with open fires, including the risk of uncontrolled flames in areas potentially containing flammable materials, smoke inhalation, and toxic fumes.
Consider whether to keep an internal no open fires policy, given the fire risks commenters raised.
Open questions
The source leaves these open. We'll update this record if a later document answers them.
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Does a state open fire rule still apply to my marine terminal if my state has its own OSHA-approved State Plan?
Related changes
History
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Open Fires in Marine Terminals Source (opens in a new tab)