U.S. Department of Transportation Calls for New Round of Comments on Compliance Dates for Key Traffic Regulations-ERSI Director of Training Analyzes Federal Request
U.S. Department of Transportation Calls for New Round of Comments on Compliance Dates for Key Traffic Regulations-ERSI Director of Training Analyzes Federal Request
This is a call for public comment on some of the contents of the 2009 edition of the MUTCD. In particular they are looking for public feedback on compliance date deadlines outlined in Table I-2. Target Compliance Dates Established by FHWA (http://mutcd.fhwa.dot.gov/htm/2009/intro/intro.htm#tableI02)
Looking at that table the only specific item that could apply to Fire and EMS and Law Enforcement is this one: 6E.02 High-Visibility Safety Apparel New requirement in the 2009 MUTCD that all flaggers within the right-of-way shall wear high-visibility apparel Compliance Date; December 31, 2011
However, 6E.02 is NOT a requirement for minor or intermediate traffic incidents. It would only come into play when an incident is considered Major and will take more than 2 hours to clear. It is only applicable to “Flaggers” – NOT emergency responders working under the provisions of Chapter 6-I – CONTROL OF TRAFFIC THROUGH TRAFFIC INCIDENT MANAGEMENT AREAS. Police Officers working details in construction work zones would be required to wear ANSI compliant high-visibility garments.
Here is the section in question:
Section 6E.02 High-Visibility Safety Apparel Standard 01 For daytime and nighttime activity, flaggers shall wear high-visibility safety apparel that meets the Performance Class 2 or 3 requirements of the ANSI/ISEA 107–2004 publication entitled "American National Standard for High-Visibility Apparel and Headwear" (see Section 1A.11) and labeled as meeting the ANSI 107-2004 standard performance for Class 2 or 3 risk exposure. The apparel background (outer) material color shall be fluorescent orange-red, fluorescent yellow-green, or a combination of the two as defined in the ANSI standard. The retroreflective material shall be orange, yellow, white, silver, yellow-green, or a fluorescent version of these colors, and shall be visible at a minimum distance of 1,000 feet. The retroreflective safety apparel shall be designed to clearly identify the wearer as a person.
Guidance: 02 For nighttime activity, high-visibility safety apparel that meets the Performance Class 3 requirements of the ANSI/ISEA 107–2004 publication entitled "American National Standard for High-Visibility Apparel and Headwear" (see Section 1A.11) and labeled as meeting the ANSI 107-2004 standard performance for Class 3 risk exposure should be considered for flagger wear.
Standard: 03 When uniformed law enforcement officers are used to direct traffic within a TTC zone, they shall wear high-visibility safety apparel as described in this Section.
Option 04 In lieu of ANSI/ISEA 107-2004 apparel, law enforcement personnel within the TTC zone may wear high-visibility safety apparel that meets the performance requirements of the ANSI/ISEA 207-2006 publication entitled "American National Standard for High-Visibility Public Safety Vests" (see Section 1A.11) and labeled as ANSI 207-2006.
The MUTCD defines a Flagger as: *Flagger—a person who actively controls the flow of vehicular traffic into and/or through a temporary traffic control zone using hand-signaling devices or an Automated Flagger Assistance Device (AFAD). (http://mutcd.fhwa.dot.gov/htm/2009/part1/part1a.htm#section1A13) *
*Emergency incidents will fall under the provisions of Chapter 6-I of the MUTCD: http://mutcd.fhwa.dot.gov/htm/2009/part6/part6i.htm *
*The provision in the MUTCD that applies to the high-visibility gear that emergency responders wear while working TTC in Incident Management Areas is: *
*Section 6D.03 Worker Safety Considerations - *http://mutcd.fhwa.dot.gov/htm/2009/part6/part6d.htm#section6D03
*Bottom line – there is nothing new here for the fire service unless you have a problem with any of the wording found in the 2009 edition of the MUTCD that applies to emergency responders working emergency incidents in Incident Management Areas. We have been advocating the use of appropriate high-visibility PPE since before it was required by the MUTCD. The new wording used in the 2009 edition is in our favor and provides proper guidance with a nod toward common sense when it comes to wearing appropriate PPE while engaged in firefighting operations. The only folks who might feel pressured to comply by Dec. 31, 2011 are those (fire-police, firefighters, police officers etc.) that will be working special assignments, special events or major incidents where they might be considered “Flaggers” as outlined in the MUTCD. I personally think that compliance with the requirement for high-visibility gear by NEXT December (2011) is generous. *
Jack Sullivan, CSP, CFPS Director of Training, Emergency Responder Safety Institute
Member – National Traffic Incident Management Coalition (NTIMC) – Practices and Procedures Work Group Chair
NTIMC Liaison to the National Committee on Uniform Traffic Control Devices (NCUTCD)
Technical Member – NCUTCD - Temporary Traffic Control Committee