|
Federal Government
Begins Mandating High-Visibility Vests for Emergency
Responders
On November 24, 2008, a new federal regulation (23
CFR 634) goes into effect mandating that
anyone working in the right-of-way of a federal-aid
highway must be wearing high-visibility clothing
that meets the requirements of ANSI / ISEA 107; 2004
edition class 2 or 3. This requirement will apply to
all emergency responders.
The Code of Federal Regulations Title 23 (Highways)
Part 634 was originally published in the
Federal Register Vol 71, No
226, pp 67792 - 67800. The Rule itself
(634.3) simply 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."
Definitions (634.2) within Part 634 cover what is
meant by "Workers" and "high-visibility safety
apparel". Emergency responders are included in this
definition anytime they are working "within the
right-of-way of a Federal-aid highway" with some
exceptions for law enforcement officers working on
an incident involving criminal activity (see below).
"High-Visibility Safety Apparel" is defined to mean
"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".
The term "Federal-aid highway systems" is defined by
23 CFR 470A (Sec. 470.103) to mean the National
Highway System and the Dwight D. Eisenhower National
System of Interstate and Defense Highways (the
"Interstate System").
ANSI 207, Public Safety Vests
After 23 CFR 634 was finalized, a new standard for
Public Safety Vests was published as ANSI / ISEA
207; 2006 edition. Because ANSI 207 was not
published until after 23 CFR 634 was finalized, the
federal regulation could only reference ANSI 107.
ANSI 107 requires that class 2 garments (vests) have
at least 775 square inches of high-visibility,
fluorescent background material and at least 201
square inches of reflective material. While the ANSI
207 requirement for reflective material is the same
(201 in2), it requires only 450 square
inches of background material. Therefore, ANSI 207
vests do not meet the requirements of ANSI 107 and
therefore do not currently meet the requirements of
23 CFR 634.
The DOT Federal Highway Administration’s Associate
Administrator for Operations has written a letter to
the Emergency Responder Safety Institute that is
being circulated in discussions about this issue. (Click
here to download a copy of the letter.)
The letter acknowledges that they have reviewed ANSI
207 and “found this standard compatible with the
ANSI/ISEA [107] Class II requirements for night-time
visibility.” Those affected by 23 CFR 634 should
understand that the high-visibility clothing must be
worn day and night, so this statement by the FHWA
does not officially validate the use of ANSI 207
vests in place of ANSI 107 where legally mandated.
Proposed Changes to the Rule
The DOT/FHWA has proposed a number of changes that
will affect 23 CFR 634. Of the most immediate
concern is that they propose allowing ANSI 207 vests
for emergency responders. This change cannot go into
effect in time for the November 24 deadline and is
not likely to go into effect until the 2nd or 3rd
quarter of 2009. In a much more comprehensive
change, the current proposals would incorporate 23
CFR 634 into the MUTCD (Manual on Uniform Traffic
Control Devices). This would make high-visibility
garments (under the proposal, either 107 or 207
certified) mandatory for anyone working on “all
roads open to public travel in accordance with 23
CFR Part 655, not just Federal-aid highways.”
The proposed changes concerning 23 CFR 634 can be
read by downloading a pdf document of the
proposed changes for the MUTCD.
The items already mentioned are:
·
362 (page 317) – incorporation into the MUTCD and
extending high-visibility clothing mandate to all
roads
·
375 & 376 (page 318) – allowing ANSI 207 vests for
first responders and law enforcement personnel.
The proposed changes were open for public review and
comment until July 31, 2008. Many individuals and
groups concerned with responder safety submitted
their own comments and proposals which will now be
reviewed and considered for inclusion.
Exceptions for Emergency Responders
Due to "comments from State and local police,
national police organizations, and State DOTs" the
original publishment in the federal register
includes exceptions for law enforcement officers
working in potentially adversarial or
confrontational roles. This includes traffic stops
and searches. Officers are still required under 23
CFR 634 to wear high-visibility clothing during
other times, such as "directing traffic,
investigating crashes, and handling lane closures,
obstructed roadways, and disasters within the
right-of-way of a Federal-aid highway." (The
language for this exception can be found in the 2nd
column of page 67797 of the publication in the
Federal Register Vol. 71, No 226 which can be
downloaded using the link below)
Currently no such exception exists for firefighters.
Some fire service personnel have expressed concern
about the idea of adding a layer of potentially
flammable material between their turnout gear and
SCBA while battling car fires or during an
extrication. Because those views were not expressed
during the comment period of 23 CFR 634 no
exceptions or interpretations for fire service
operations were published along with the rule.
Further, all fire department personnel should be
aware that turnout gear alone does not meet the
visibility requirement. No turnout gear currently
manufactured meets the color requirement for the
fluorescent background material of these
high-visibility garments. Even if turnout gear could
be dyed to meet the color standard when
manufactured, it would likely no longer be compliant
after the first exposure to fire, smoke, and soot.
Fire departments should consider fire resistance of
materials (and their limitations) as part of their
criteria for selecting vests and writing department
protocols and procedures.
NFPA 1901
Complicating the issue further, the National Fire
Protection Association is set to release the 2009
edition of NFPA 1901:
Standard for Automotive Fire
Apparatus. This edition (as written) will
apply to all fire apparatus "contracted for on or
after January 1, 2009" and will require "one traffic
safety vest for each seating position, each vest to
comply with ANSI/ISEA 207, Standard for
High-Visibility Public Safety Vests, and have a
five-point breakaway feature that includes two at
the shoulders, two at the sides and one at the
front." This requirement is included for each type
of fire apparatus, for example see sections 5.8.3
(18), 6.7.3 (15), 7.7.3.1 (14), etc.
Although some vests can be purchased that are
certified to meet the requirements of both ANSI 107
and 207, vests compliant only with ANSI 207 may not
meet a strict legal interpretation of the 23 CFR 634
requirements scheduled to take effect in November.
This is a potentially confusing liability issue that
deserves close attention by all departments as the
deadline approaches.
Summary
Part of the RKB mission is to try to keep our users
informed of equipment-related issues, and we hope
that this mission critical hint has accomplished
that. The timing of 23 CFR 634 and ANSI / ISEA 207
was unfortunate, but the complications are being
addressed by the MUTCD proposed changes. The
difficulty and confusion will be in the short term,
between the effective date of 23 CFR 634 on November
24th and the time the proposed changes are
implemented. Every source contacted by the RKB staff
has made it clear that the eventual intent is for
either the ANSI 107 or 207 vests to be used.
However, no one has been able to say with certainty
what will happen if there is a serious injury or
fatality to a responder wearing a 207-compliant vest
while the unchanged 23 CFR 634 is in effect. That
may be decided in court. Departments should consider
getting an opinion from their counsel to assist in
deciding their compliance strategy.
We hope that every department will plan now for this
new requirement under 23 CFR 634, and also plan
ahead with funding and training for the later
changes that will likely extend the safety-vest
requirements to all public roads.
Source:
DHS FEMA Responder Knowledge
Base
Posted 11-17-08 |
