On November 24, 2008, a new federal regulation ( 23 CFR 634) went into effect mandating 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 applies to all emergency responders.

"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.

Safety Concerns Raised by the Firefighting Community Regarding High-Visibility Safety Apparel Result in Modification to Vest Rule

The Federal Highway Administration (FHWA), on November 21 st, 2008 issued an Interim Final Rule to address safety concerns raised by the firefighting community regarding high-visibility safety apparel.

• Revises the definition of "worker" to exclude firefighters when they are exposed to flame, fire, high heat or hazardous materials.
• Exempts firefighters from the requirement to use high-visibility safety apparel, as defined in this rule, when they are exposed to hazardous conditions where the use of such apparel may increase the risk of injury to firefighter personnel.

For more information on high visibility safety vests refer to the following documents:

Original Federal Register High Visibility Vest Regulation:

http://www.chautcofire.org/FederalGovernmentBeginsMandatingHigh.doc

November 21st Interim Final Rule:

http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2008_register&docid=E8-2767