Fires Allowed at Ports: OSHA Ditches Old Ban
Published Date: 4/28/2026
Rule
Summary
OSHA is officially getting rid of the old rule that banned open fires at marine terminals because it’s no longer needed to keep workers safe. This change affects anyone working at these busy ports and starts right away on April 28, 2026. It’s a win for businesses too, cutting down on unnecessary rules without extra costs.
Analyzed Economic Effects
6 provisions identified: 6 benefits, 0 costs, 0 mixed.
Open Fires Ban Revoked at Marine Terminals
OSHA has revoked the Open Fires in Marine Terminals Standard (29 CFR 1917.21). The change takes effect April 28, 2026, and removes the federal prohibition on open fires in marine terminals that had applied to loading, unloading, movement, or handling of cargo at wharves, piers, docks, and adjacent areas.
Small Annual Employer Cost Savings
OSHA estimates the revocation will produce annual cost savings for affected maritime employers. OSHA's baseline estimate is $15,377 in annual savings; an alternative scenario estimates $2,853 annually, and a mid-range scenario estimates $9,115 annually, based on 2,617 affected establishments.
Estimated Number of Affected Establishments
OSHA estimates 2,617 establishments in the maritime industry are affected by the rescission of 29 CFR 1917.21. These establishments are in industries including Port and Harbor Operations (NAICS 488310) and Marine Cargo Handling (NAICS 488320).
State Plans Not Required To Amend Standards
OSHA determined that OSHA-approved State Plans are not required to amend their standards in response to this revocation because the federal change does not impose additional or more stringent requirements. This applies to the listed State Plan jurisdictions where State Plans currently exist.
No New Paperwork or OMB Review Required
OSHA states this final rule imposes no new information collection requirements under the Paperwork Reduction Act and does not affect existing OMB-approved collections for Marine Terminals (OMB Control Number 1218-0196). No OMB approval of new collections is required.
OSHA Certifies No Significant Small-Entity Impact
Under the Regulatory Flexibility Act, OSHA certifies that rescinding 29 CFR 1917.21 will not have a significant economic impact on a substantial number of small entities and therefore a final regulatory flexibility analysis is not required.
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