Vests

 

Federal Highway Administration

FHWA Docket No. FHWA-2005-23200

Worker Visibility

 

This new rule states that all workers within the right-of-way of a Federal-aid highway who are exposed either to traffic (vehicles using the highway for purposes of travel) or to construction equipment within the work area shall wear high-visibility safety apparel.

 

The rule defines workers as people on foot whose duties place them within the right-of-way of a Federal-aid highway, such as highway construction and maintenance forces, survey crews, utility crews, responders to incidents within the highway right-of-way, and law enforcement personnel when directing traffic, investigating crashes, and handling lane closures, obstructed roadways, and disasters within the right-of-way of a Federal-aid highway. 

 

The rule defines high–visibility safety apparel as personal protective safety clothing that is intended to provide conspicuity during both daytime and nighttime usage, and that meets the Performance Class 2 or 3 requirements of the ANSI/ISEA 107-2004 publication entitled “American National Standard for High-Visibility Safety Apparel and Headwear. 

 

The rule does allow agencies the flexibility to add tear-away and/or other garment design features as deemed appropriate to address specific work environments. The FHWA has modified the final rule to include an exemption for law enforcement officers engaged in law enforcement activities, such as traffic stops and pursuit and apprehension of suspects. 

The FHWA appreciates the on-going development of the ANSI/ISEA Standard for a Public Safety Vest (ANSI 207-2006) and might consider revising this rule once these standards go into effect.  The primary distinction of the ANSI 207-2006: American National Standard for High-Visibility Public Safety Vests standard is that the required fluorescent background material (450 in²) falls between ANSI 107 Class 1 (217 in²) and ANSI 107 Class 2 (775 in²).  ).  This difference allows for design accommodation of equipment belts.  The ANSI 207-2006 has the same amount of retroreflective or combined-performance material used in conjunction with background material (201 in²) as ANSI 107 Class 2 and a minimum width of retroreflective material of 2 inches (ANSI 107 Class 2 is 1.375 inches).  The new standard also allows for design flexibility to incorporate colored panels to enhance easy, on-scene identification of wearers, as well as other options such as shoulder break-aways.  Headlites and 3M have assured us that the ANSI 207-2006 Standard will be approved for this Final Rule no later than Spring 2007. 

States and local agencies may use funding available under Section 402 of Chapter 4 of Title 23, the State and Community Highway Safety Grant Program, to purchase high-visibility garments for worker safety when this purchase is part of an eligible Section 402 highway safety project included in the State’s approved highway plan.

States and other agencies shall comply with the provisions of this no later than November 24, 2008.