Pyrotechnics Industry

Retail Sales of Fireworks

Pyrotechnics include many devices to launch, detonate, or initiate an explosive material. This site discusses common hazards and controls for workers involved in the retail sale of fireworks.

OSHA Guidance

The Occupational Safety and Health Administration (OSHA) has compiled the following list of safety guidelines designed to advise owners of retail sales establishments and other affected employers of some procedures to enhance employee safety during the retail sale of consumer fireworks. It is important to understand that the accidental ignition and fire prevention measures should be followed to ensure a safe retail environment. Employers are encouraged to follow these or other more protective safety guidelines for the retail sale of consumer fireworks. These safety guidelines do not supersede any regulatory requirements adopted at the Federal, State, or local levels.

General Guidelines for all sales venues

[Safety Guidelines for Retail Sales of Consumer Fireworks. OSHA, (June 2004).]

Obtain all necessary state and local permits, licenses, and inspections.
Post and enforce no smoking within 50 feet of fireworks sales areas.
Post and enforce no fireworks discharge within 300 feet of fireworks retail sales facilities and stores.
Maintain clear exit routes with a minimum of two ways out from every point.
Exit doors:
- should not be locked when occupied;
- should swing outward;
- should not be obstructed; and
- should have panic hardware if they latch (except for temporary stands).
Fire extinguishers should be operational and accessible. At least one should be a water type.
Secure (lock) the facility when closed and fireworks remain.
Remove damaged fireworks and loose pyrotechnic composition promptly and dispose of properly. Use non-sparking cleaning tools; not vacuum cleaners.
Maintain fixed fire protection features (i.e., keep fire doors closed).
Maintain required flame breaks in the retail sales displays unless the facility is sprinklered or temporary.
Maintain visual supervision of the fireworks sales area.
Do not store combustibles directly above fireworks displays unless properly separated.
Do not use open flames or heating devices with exposed elements.
Participate in safety training.
Aerial devices and audible ground devices require special attention and treatment. See National Fire Protection Association (NFPA) 1124, Sections 7.10.5 (4) and 7.10.6.

Consumer fireworks retail sales facilities and stores (except temporary stands)

Post an evacuation plan and understand how to implement it in an emergency.
Maintain aisles with a minimum 48 inches of clear width.
Maintain safe display arrangements not exceeding 6 feet in height except around the perimeter of the retail sales area which can not exceed 12 feet.
Ensure all fireworks displayed for sale have fuses which are covered or are contained in packaging.
Know the location of manual pull stations and/or public address system controls and how to use them to sound a fire alarm.
Check emergency lighting to see that it is functional.
Check for exit signs: location, visibility, and illumination.
Verify that there are at least three ways out of the fireworks sales areas (except one-story stores not exceeding 3,000 square feet can have two).

Consumer fireworks retail sales facilities only

Keep combustible debris at least 30 feet away from the facility.
Don't park vehicles within 10 feet of the facility.
Keep portable generators and their fuels at least 20 feet away from the facility.

Temporary stands^* only

Maintain aisles with a minimum 28 inches of clear width.
Maintain a safe display arrangement of consumer fireworks not to exceed 8 feet in height.
Do not allow the public into the temporary stand.
Verify there are at least two exit doors (doorways) that swing out.

Tents^* only

Verify that no open flame cooking is located within 50 feet of tents (20 feet for other types of cooking).
Exit opening must be 44 inches wide.

For additional information on general safety and health concerns, see OSHA's Safety and Health Topics Pages on:

^*NOTE: Venues are defined in 1124, Code for the Manufacture, Transportation, Storage and Retail Sales of Fireworks and Pyrotechnic Articles. National Fire Protection Association (NFPA).

Standards

Retail fireworks are addressed in specific OSHA standards for general industry. This section highlights OSHA standards and documents related to retail sales of fireworks.

OSHA Standards

General Industry (29 CFR 1910)		Related Information
1910 Subpart E - Exit Routes and Emergency Planning	Appendix, Exit Routes, Emergency Action Plans, and Fire Prevention Plans.	Related Information
	1910.33, Table of contents.	Related Information
	1910.34, Coverage and definitions.	Related Information
	1910.35, Compliance with alternate exit-route codes.	Related Information
	1910.36, Design and construction requirements for exit routes.	Related Information
	1910.37, Maintenance, safeguards, and operational features for exit routes.	Related Information
	1910.38, Emergency action plans.	Related Information
	1910.39, Fire prevention plans.	Related Information
1910 Subpart H - Hazardous materials	1910.101, Fire prevention plans.	Related Information
	1910.102, Acetylene.	Related Information
	1910.109, Explosives and blasting agents.	Related Information
1910 Subpart K - Medical and first aid	1910.151, Medical services and first aid.	Related Information
1910 Subpart L - Fire protection	1910.157, Portable fire extinguishers.	Related Information
1910 Subpart N - Materials handling and storage	1910.176, Handling materials - general.	Related Information
1910 Subpart Z - Toxic and hazardous substances	1910.1201, Retention of DOT markings, placards and labels.	Related Information

State Standards

There are twenty-eight OSHA-approved State Plans, operating state-wide occupational safety and health programs. State Plans are required to have standards and enforcement programs that are at least as effective as OSHA's and may have different or more stringent requirements.

Consensus Standards and the General Duty Clause

Using Consensus standards to support a 5(a)(1) Citation:

A consensus standard can be used to show "industry recognition" of a hazard. However, the hazard must be recognized in the employers' industry, not an industry other than the employers' industry.

Section 5(a)(1):

is not used to enforce "should" standards.
is not used to require abatement methods not required by a specific standard.
is not normally used to cover categories of hazards exempted by an OSHA standard.

Background

Section 5(a)(1):

Each employer shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employee;
The general duty provisions can only be used where there is no standard that applies to the particular hazard involved.

Evaluation of Potential 5(a)(1) situations:

Employer failed to keep workplace free of hazards to which employees of that employer were exposed.
- Must involve a serious hazard and employee exposure
- Does not specify a particular abatement method - only that the employer keeps the workplace free of serious hazards by any feasible and effective means.
- The hazard must be reasonably foreseeable.
The hazard was recognized.
- Industry recognition
- Employer recognition
- Common-sense recognition
The hazard caused or was likely to cause death or serious physical harm.
Feasible means to correct the hazard were available.

Directives

Compliance Policy for Manufacture, Storage, Sale, Handling, Use and Display of Pyrotechnics. CPL 02-01-053, (October 27, 2011).

Other Federal Standards

Other federal agencies have adopted regulations which may impact occupational hazards from the sale of pyrotechnics. These include the following: