FHWA Finalizes High-Vis Apparel Rule

The federal agency decided to retain the exemption for firefighters out of concern wearing compliant apparel that might not be fire-resistant could increase their risk during emergencies.

The Federal Highway Administration on Monday adopted as final an Interim Final Rule that amended its regulations for high-visibility safety apparel. The interim standard has been in place since Nov. 24, 2008, exempting firefighters who are actively engaged in emergency operations where they are directly exposed to flame, fire, heat, and/or hazardous materials. Only three comments were submitted, all of them raising different points -- including one that recommended granting no exemption at all.

The other two comments suggested the exemption has been confusing for the fire service. One said background information in the interim rule created the false impression that a firefighter doesn't need to comply with the regulation if he/she is wearing an NFPA 1971 standard-compliant garment; FHWA disagreed, saying the language in the interim rule is accurate and needs no modification.

The third commenter said confusion has resulted from the existence of several standards for high-vis garments and how they are referenced in this rule and in another rulemaking to revise the 2003 edition of the Manual on Uniform Traffic Control Devices (MUTCD). FHWA said this comment will be considered when it analyzes comments on that rulemaking.


Share this Page


Comments

Add your Comment

Your Name:(optional)
Your Email:(optional)
Your Location:(optional)
Comment:
Please type the letters/numbers you see above

Follow Us

OH&S is on Twitter.

Join OH&S Magazine on SafetyCommunity!
Join us on SafetyCommunity!

Upcoming Webinars

2/29: GHS will happen…are you ready?
We invite you to attend this webinar to see how GHS is being used today in several workplaces to enhance worker comprehension and safety.

3/14: 10 Webinar Best Practices. Step-by-step guide to executing a winning webinar
By attending this webinar about webinars, you will learn the what, why and how’s of this exciting, collaborative marketing tool.

Spotlight

For February, OH&S puts the spotlight on:

Poll

OSHA Region 6 Administrator John Hermanson says the agency assessed the maximum statutory fines, a total of $21,500 for four alleged serious violations, against a small Oklahoma grain company in connection with amputation injuries suffered by two teenage workers. Does this case demonstrate the need to increase the amounts OSHA can issue in penalties?