{
    "schema": "amendsignal.record/1",
    "generated_on": "2026-11-02",
    "publisher": {
        "name": "AmendSignal",
        "url": "https://amendsignal.com/"
    },
    "notice": "Coverage is limited, so a missing record does not mean nothing changed. General information, not legal advice. Check the official source. Please cite the record's url.",
    "change": {
        "id": 19,
        "url": "https://amendsignal.com/changes/occupational-safety-and-health-administration-revokes-the-open-fires-ban-for-marine-terminals/",
        "title": "Occupational Safety and Health Administration revokes the open fires ban for marine terminals",
        "change_type": "final_rule",
        "change_type_label": "Final rule",
        "status": "effective",
        "status_label": "In effect",
        "status_statement": "As of our last check on November 2, 2026, this is in effect, since April 28, 2026.",
        "significance": "No new requirements",
        "jurisdiction": {
            "code": "US",
            "name": "United States"
        },
        "authority": {
            "name": "Occupational Safety and Health Administration",
            "short_name": "OSHA"
        },
        "identifiers": [
            {
                "type": "fr_document_number",
                "label": "FR document",
                "value": "2026-08260"
            },
            {
                "type": "fr_citation",
                "label": "Citation",
                "value": "91 FR 22723"
            },
            {
                "type": "rin",
                "label": "RIN",
                "value": "1218-AD51"
            },
            {
                "type": "docket_id",
                "label": "Docket",
                "value": "Docket No. OSHA-2025-0007"
            },
            {
                "type": "cfr_citation",
                "label": "CFR",
                "value": "29 CFR 1917"
            }
        ],
        "dates": [
            {
                "type": "publication",
                "label": "Published",
                "value": "2026-04-28",
                "precision": "day"
            },
            {
                "type": "effective",
                "label": "Effective",
                "value": "2026-04-28",
                "precision": "day"
            }
        ],
        "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.",
            "whos_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."
        },
        "summary": "The Occupational Safety and Health Administration (OSHA) issued a final rule that removes its Open Fires in Marine Terminals Standard, 29 Code of Federal Regulations (CFR) 1917.21, which prohibited open fires and fires in drums and similar containers. The rule took effect on April 28, 2026. It creates no new duties for employers. States with their own approved safety plans do not have to change their rules and may keep stricter ones.",
        "business_functions": {
            "state": "limited",
            "functions": [
                {
                    "slug": "workplace-safety",
                    "name": "Workplace safety"
                }
            ]
        },
        "added_on": "2026-11-02",
        "updated_on": null,
        "updates_in_progress": null,
        "last_checked": "2026-11-02",
        "record_url": "https://amendsignal.com/changes/occupational-safety-and-health-administration-revokes-the-open-fires-ban-for-marine-terminals/record.json",
        "what_changed": [
            {
                "kind": "fact",
                "kind_label": "From the source",
                "text": "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.",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/04/28/2026-08260/open-fires-in-marine-terminals",
                        "locator": "I. Executive Summary",
                        "excerpt": "This final rule revokes the Open Fires in Marine Terminals Standard, 29 CFR 1917.21"
                    },
                    {
                        "source": "https://www.federalregister.gov/documents/2026/04/28/2026-08260/open-fires-in-marine-terminals",
                        "locator": "III. Background",
                        "excerpt": "The Open Fires Standard prohibits open fires and fires in drums and similar containers (29 CFR 1917.21)."
                    }
                ]
            },
            {
                "kind": "fact",
                "kind_label": "From the source",
                "text": "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.",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/04/28/2026-08260/open-fires-in-marine-terminals",
                        "locator": "IV. Explanation of the Revocation of the Open Fires in Marine Terminals Standard",
                        "excerpt": "because of containerization and technology improvements in the marine terminals industry, employees today are not exposed to the elements as they once were"
                    },
                    {
                        "source": "https://www.federalregister.gov/documents/2026/04/28/2026-08260/open-fires-in-marine-terminals",
                        "locator": "IV. Explanation of the Revocation of the Open Fires in Marine Terminals Standard",
                        "excerpt": "OSHA has no record of any citation for violation of the Open Fires Standard"
                    },
                    {
                        "source": "https://www.federalregister.gov/documents/2026/04/28/2026-08260/open-fires-in-marine-terminals",
                        "locator": "IV. Explanation of the Revocation of the Open Fires in Marine Terminals Standard",
                        "excerpt": "OSHA concludes that there is no persuasive evidence in the record that these fires still occur."
                    }
                ]
            },
            {
                "kind": "fact",
                "kind_label": "From the source",
                "text": "OSHA received two comments on the proposal. Both opposed removing the standard, but OSHA went ahead with the revocation.",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/04/28/2026-08260/open-fires-in-marine-terminals",
                        "locator": "IV. Explanation of the Revocation of the Open Fires in Marine Terminals Standard",
                        "excerpt": "OSHA received two comments in response to the proposal. Both opposed the revocation of the standard"
                    }
                ]
            },
            {
                "kind": "fact",
                "kind_label": "From the source",
                "text": "The rule took effect on its publication date, without the usual delay, because it relieves a restriction.",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/04/28/2026-08260/open-fires-in-marine-terminals",
                        "locator": "II. Legal Authority",
                        "excerpt": "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"
                    }
                ]
            }
        ],
        "who_is_affected": [
            {
                "kind": "fact",
                "kind_label": "From the source",
                "text": "OSHA says employers in marine terminal and longshoring operations are the only industries affected.",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/04/28/2026-08260/open-fires-in-marine-terminals",
                        "locator": "V. Final Economic Analysis",
                        "excerpt": "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."
                    }
                ]
            },
            {
                "kind": "fact",
                "kind_label": "From the source",
                "text": "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.",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/04/28/2026-08260/open-fires-in-marine-terminals",
                        "locator": "V. Final Economic Analysis",
                        "excerpt": "OSHA estimates that there are currently 2,617 establishments in the maritime industry affected by OSHA standards addressing open fires"
                    },
                    {
                        "source": "https://www.federalregister.gov/documents/2026/04/28/2026-08260/open-fires-in-marine-terminals",
                        "locator": "V. Final Economic Analysis",
                        "excerpt": "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)"
                    }
                ]
            },
            {
                "kind": "fact",
                "kind_label": "From the source",
                "text": "States with OSHA-approved State Plans are not required to change their own standards because of this rule.",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/04/28/2026-08260/open-fires-in-marine-terminals",
                        "locator": "VI.A. Requirements for States With OSHA-Approved State Plans",
                        "excerpt": "State Plans are not obligated to make any changes to their existing standards in response to this final rule."
                    }
                ]
            },
            {
                "kind": "inference",
                "kind_label": "Our analysis",
                "text": "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.",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/04/28/2026-08260/open-fires-in-marine-terminals",
                        "locator": "VI.A. Requirements for States With OSHA-Approved State Plans",
                        "excerpt": "allows State Plans to be more stringent than OSHA in protecting the safety and health of workers in their respective jurisdictions"
                    }
                ]
            }
        ],
        "business_implications": [
            {
                "kind": "fact",
                "kind_label": "From the source",
                "text": "OSHA estimates small cost savings, mainly from less time spent learning the standard, of $15,377 a year across the industry.",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/04/28/2026-08260/open-fires-in-marine-terminals",
                        "locator": "V. Final Economic Analysis",
                        "excerpt": "OSHA estimates that this deregulatory action will mean $15,377 in cost savings annually."
                    }
                ]
            },
            {
                "kind": "fact",
                "kind_label": "From the source",
                "text": "The rule adds no new paperwork and does not change existing information collections for marine terminals and longshoring.",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/04/28/2026-08260/open-fires-in-marine-terminals",
                        "locator": "VI.B. OMB Review Under the Paperwork Reduction Act of 1995",
                        "excerpt": "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)"
                    }
                ]
            },
            {
                "kind": "inference",
                "kind_label": "Our analysis",
                "text": "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.",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/04/28/2026-08260/open-fires-in-marine-terminals",
                        "locator": "V. Final Economic Analysis",
                        "excerpt": "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."
                    }
                ]
            }
        ],
        "required_actions": [],
        "recommended_actions": [
            {
                "kind": "recommendation",
                "kind_label": "Our suggestion",
                "text": "Consider updating marine terminal safety programs, training materials and policies that cite 29 CFR 1917.21 as a federal requirement.",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/04/28/2026-08260/open-fires-in-marine-terminals",
                        "locator": "I. Executive Summary",
                        "excerpt": "This final rule revokes the Open Fires in Marine Terminals Standard, 29 CFR 1917.21"
                    }
                ]
            },
            {
                "kind": "recommendation",
                "kind_label": "Our suggestion",
                "text": "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.",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/04/28/2026-08260/open-fires-in-marine-terminals",
                        "locator": "VI.A. Requirements for States With OSHA-Approved State Plans",
                        "excerpt": "State Plans are not obligated to make any changes to their existing standards in response to this final rule."
                    }
                ]
            },
            {
                "kind": "recommendation",
                "kind_label": "Our suggestion",
                "text": "Consider whether to keep an internal no open fires policy, given the fire risks commenters raised.",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/04/28/2026-08260/open-fires-in-marine-terminals",
                        "locator": "IV. Explanation of the Revocation of the Open Fires in Marine Terminals Standard",
                        "excerpt": "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."
                    }
                ]
            }
        ],
        "required_actions_assessment": {
            "state": "assessed",
            "text": "The rule creates no new requirements for employers. It removes the federal ban on open fires at marine terminals."
        },
        "applicability": [
            {
                "criterion": "where",
                "label": "Where",
                "answer": "United States, nationwide",
                "kind": "fact",
                "kind_label": "From the source",
                "evidence": []
            },
            {
                "criterion": "employer_type",
                "label": "Employers",
                "answer": "Employers whose workers load, unload or otherwise handle cargo in marine terminals.",
                "kind": "inference",
                "kind_label": "Our analysis",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/04/28/2026-08260/open-fires-in-marine-terminals",
                        "locator": "III. Background",
                        "excerpt": "The Marine Terminals Standards apply to work such as loading, unloading, movement or other handling of cargo in marine terminals (29 CFR 1917.1)."
                    }
                ]
            },
            {
                "criterion": "size",
                "label": "Size",
                "answer": "The rule sets no size threshold, and OSHA certifies it will not significantly affect a substantial number of small entities.",
                "kind": "inference",
                "kind_label": "Our analysis",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/04/28/2026-08260/open-fires-in-marine-terminals",
                        "locator": "Review Under the Regulatory Flexibility Act",
                        "excerpt": "OSHA certifies that the rescission will not have a ``significant economic impact on a substantial number of small entities,''"
                    }
                ]
            },
            {
                "criterion": "industries",
                "label": "Industries",
                "answer": "Marine terminal and longshoring operations only.",
                "kind": "fact",
                "kind_label": "From the source",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/04/28/2026-08260/open-fires-in-marine-terminals",
                        "locator": "V. Final Economic Analysis",
                        "excerpt": "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."
                    }
                ]
            },
            {
                "criterion": "functions",
                "label": "Functions",
                "answer": "Workplace safety teams, including occupational health and safety specialists.",
                "kind": "inference",
                "kind_label": "Our analysis",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/04/28/2026-08260/open-fires-in-marine-terminals",
                        "locator": "V. Final Economic Analysis",
                        "excerpt": "eliminate the time necessary for new establishments and newly hired occupational health and safety specialists at existing establishments to familiarize themselves with the requirements found in 29 CFR 1917.21."
                    }
                ]
            },
            {
                "criterion": "applies_if",
                "label": "Applies if",
                "answer": "Your employees work at wharves, piers, docks or similar marine terminal areas handling cargo moving between vessel and shore.",
                "kind": "inference",
                "kind_label": "Our analysis",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/04/28/2026-08260/open-fires-in-marine-terminals",
                        "locator": "III. Background",
                        "excerpt": "Marine terminals are wharves, bulkheads, quays, piers, docks and other berthing locations and adjacent storage or adjacent areas and structures associated with the primary movement of cargo or materials from vessel to shore or shore to vessel"
                    }
                ]
            },
            {
                "criterion": "action",
                "label": "Action",
                "answer": "Nothing required; consider updating safety materials.",
                "kind": "recommendation",
                "kind_label": "Our suggestion",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/04/28/2026-08260/open-fires-in-marine-terminals",
                        "locator": "SUMMARY",
                        "excerpt": "OSHA is finalizing the revocation of the agency's Open Fires in Marine Terminals Standard."
                    }
                ]
            }
        ],
        "open_questions": [
            {
                "question": "Does a state open fire rule still apply to my marine terminal if my state has its own OSHA-approved State Plan?",
                "context": "The rule says State Plans need not change their standards and may be stricter, but it does not say which states have their own open fire rule."
            }
        ],
        "events": [
            {
                "event_type": "originating_action",
                "label": "Issued",
                "occurred_on": "2026-04-28",
                "summary": "Open Fires in Marine Terminals",
                "source": "https://www.federalregister.gov/documents/2026/04/28/2026-08260/open-fires-in-marine-terminals"
            }
        ],
        "corrections": [],
        "sources": [
            {
                "label": "Open Fires in Marine Terminals, 91 FR 22723 (April 28, 2026)",
                "publisher": "Federal Register",
                "role": "primary",
                "url": "https://www.federalregister.gov/documents/2026/04/28/2026-08260/open-fires-in-marine-terminals",
                "pdf_url": "https://www.govinfo.gov/content/pkg/FR-2026-04-28/pdf/2026-08260.pdf"
            }
        ]
    }
}