New Federal Regulations Coming - by Bob Hawley, Chief Shady Point FD

Posted over {{count}} years ago

The Federal Highway Administration is currently processing a new section to title 23, Code of Federal Regulations that will mandate the use of high-visibility safety apparel for workers operating within the rights-of-way of all federal-aid highways. This new regulation will have an effect on all persons that work on or near any state or US highway all across the United States whether volunteer or paid for fire service, law enforcement, EMS and will also apply to tow truck operators and volunteers that pick litter up along the highway. “Oh boy, another regulation that’s going to cost me money” you might be thinking and rightfully so, but consider that about 20% of the 100+ fire fighter deaths each year are ‘struck-by’ in nature. This means that while a brother FF is working a vehicle crash or fighting a fire along a highway, someone comes along and hits them resulting in their death. NIOSH reports that this number is up 89% over the previous 5-years. What this means in simple terms for all of us is that we must provide high-visibility safety vests that are at least ANSI class 2 or 3, with the large reflective bands and retro-reflective yellow background for our fire fighters that will be working a crash or while fighting a fire alongside or on any highway. From what I have read in the Federal Register there was a great deal of discussion on how this would apply to both law enforcement and fire fighters that traditionally must wear bulky protective clothing in the first place. It was decided that the safety of those workers is the first priority and departments will be required to comply. I asked an attorney friend of mine how this new regulation might be enforced and the potential consequences for non-compliance. While there will be no agency inspecting for compliance, should a covered organization not provide and require their members to wear compliant vests and a member is hurt or killed in the line of duty, there would be great deal of liability assumed, along with potential investigations and possible fines from the state Labor Department or OSHA against the parent organization. Our department purchased retro-reflective vests and placed them on our apparatus back in 2005, but now that this new regulation will become effective on November 1, 2008, we will be revising our standard operating guidelines to require their use to match the new reg’s. Departments should check with your current suppliers or go on-line at www.galls.com or www.qmuniforms.com for prices, styles and costs. Additional information on the Traffic Incident Management Coalition is available at www.TIMcoalition.org . EMS of LeFlore County is also available to assist with Scene Safety training by calling 647.9270.