The Federal Highway Administration Worker Visibility Rule, Explained

Effective on November 24, 2008, all workers in the right-of-way on Federal-aid highways must wear high visibility clothing. The rule aims to decrease worker injuries and fatalities on Federal-aid highways.

The new standard (23 CFR 634) 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."

What is High Visibility Safety Apparel?

High-visibility safety apparel means 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 Headgear."

To Whom Does the Rule Apply?

The rule applies to all "workers," meaning people on foot whose duties place them within the right-of-way at 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.

An Exception for Firefighters

FHWA recently issued an interim final rule applying to firefighters or other emergency responders working within the right-of-way of a Federal-aid highway. This rule also went into effect on November 24, 2008. The rule allows firefighters and emergency responders engaged in emergency operations that directly expose them to flame, fire, heat, and/or hazardous materials to wear retroreflective turn-out gear that is specified and regulated by other organizations, such as the National Fire Protection Association.

MUTCD Update Status

The worker visibility rule will be incorporated into the next edition of the Manual on Uniform Traffic Control Devices (MUTCD). It is proposed that the MUTCD revisions will apply to all roads, not just Federal-aid highways.

More Information About the Rule

The National Work Zone Safety Information Clearinghouse sponsored a webinar discussing the rule. Presentations and video from the webinar are posted online.

Information about the proposed MUTCD revisions.

The text of the Rule is available as a PDF.

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