High-Viz Vest Rule Finalized

High-Visibility Vest Rule Finalized

Good News for the Fire Service Community

ERSI is pleased to report that with very little fanfare on June 15, 2009 the Federal Highway Administration (FHWA) published a notice of Final Rule that adopts as final the Interim Final Rule that amends its regulations to address safety concerns raised by the firefighting community regarding high-visibility safety apparel.

Back in November of 2008, there was a lot of confusion about the use of high-visibility vests at roadway incidents due to a new Federal Highway Administration (FHWA) Rule. The new regulation, Rule 634, stated 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.”

That regulation created a dilemma for fire departments who were truly interested in protecting their personnel. The training classes and material used by the Emergency Responder Safety Institute (ERSI) has for years suggested the use of high-visibility garments for public safety personnel when working around traffic. NFPA 1500, the Firefighter Health and Safety Standard has included a requirement for firefighters to wear safety vests at traffic incidents in the last two most recent editions. NIOSH Line of Duty Death Investigations have also included recommendations for responders to wear highly visible flagger vests when exposed to moving traffic. In the fire service community it was generally understood that the vests were not appropriate personal protective equipment (PPE) for personnel who were actively engaged in firefighting operations because those garments are not designed for exposure to fire, heat flame or hazardous materials. Rule 634, as originally published however did not outline any exemptions for firefighters engaged in direct firefighting operations and that created the dilemma.

A cooperative effort was initiated by ERSI together with several national fire service organizations including the IAFC, NVFC, USFA, and IAFF to petition the FHWA to provide an official exemption for firefighters and other responders from wearing high-visibility vests when directly exposed to fire, flame, heat or hazardous materials. We suggested that FHWA should allow firefighters to wear turnout gear that complies with NFPA standards when fighting fires. The organizations working together did a great job of educating and motivating other fire service groups and personnel to write to the FHWA about the problem and to submit similar comments to the national committee working on revisions for the Manual of Uniform Traffic Control Devices (MUTCD) to head off a similar problem in that document.

Just hours before Rule 634 took effect in November of 2008, the FHWA published a Tentative Interim Rule that provided the necessary exemption for personnel engaged in active firefighting activities. And now, effective as of June 15, 2009 the FHWA has published the Final Rule that permanently adopts the wording in the Interim Rule that addressed the safety concerns raised by the firefighting community regarding high-visibility safety apparel.

The final version of Rule 634.3 states “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. Firefighters or other emergency responders working within the right-of-way of a Federal-aid highway and engaged in emergency operations that directly expose them to flame, fire, heat,

and/or hazardous materials may wear retroreflective turn-out gear that is specified and regulated by other organizations, such as the National Fire Protection Association. Firefighters or other emergency responders working within the right-of-way of a Federal-aid highway and engaged in any other types of operations shall wear high-visibility safety apparel.”

The original federal documents related to this Rule and the final rulemaking process can be reviewed here: http://tinyurl.com/nwxu3p

ERSI continues to monitor the revision process for the MUTCD and will keep you informed of any changes that affect emergency responders. We’ve been told that the goal is to publish that revised document before the end of the calendar year. When it comes to highway incident safety, we’ve got your back.