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Dive brief:
- The Biden-Harris administration has done the former Update of the road work zone safety regulations in 20 years, the Federal Highway Administration announced on November 5.
- The changes, which will come into effect on December 2, aim to reduce the likelihood of fatalities in work zones for workers and motorists by establishing minimum requirements and guidance for the use of protective devices such as concrete barriers.
- The updates also provide guidance on the installation and maintenance of temporary traffic control devices, the use of uniformed police during construction and utility operations, and a new contract payment item requirement that ensures the availability of funds for these provisions.
Diving knowledge:
Under the change, at a minimum, DOTs must use positive protective devices in work zones:
- with expected high speeds (45 mph or more) or high volumes of traffic.
- where workers have no direct means of escaping motorized traffic.
- where workers will face substantial exposure to motorized traffic (a work zone existing for two weeks or more).
The rule will also require State DOTs to conduct a programmatic work zone review every five years and share the results with the FHWA at the end of the five-year period. The review must include a representative sample of the state’s significant work areas during the time period.
The new regulations aim to improve the safety of road workers and motorists traveling through work zones.
Almost two-thirds of Highway contractors have had an accident in their workplaces, according to a survey by the Associated General Contractors of America.
Although road workers often face dangers, reckless driving most often kills vehicle occupants. Four out of five work zone fatalities involved drivers or their passengers, according to FHWA data.
Protections such as concrete barriers can be expensive. A contractor hoping to win a project in a low-bid environment may be defeated by a competitor that chooses to waive the safeguard, said Brian Turmail, AGC’s vice president of public and labor affairs.
The AGC submitted comments on the proposed rule in September in support of the deployment of positive protection devices, as well as requiring contracts that ensure the availability of funds to pay for these protections, effectively eliminating the competitive advantage for companies that skimp on safeguards.
AGC comments say the rule is “a very positive step”, but Turmail said the group still believes more can be done to encourage motorists to slow down in work zones, such as more penalties penalties for moving violations in highway work zones, more consistent enforcement, and Improved safety education for drivers.
