Reflective Vests on the Highway - 23 CFR 634

[enjoynz]

We have to wear a High Vizibility Vest to MVA's in New Zealand and any other incident where we need to be seen. Each member has their own vest, which the service supplies. Also the trucks carry High Vizibility rain coats, for us to wear in wet weather.
I have to admit I feel safer for wearing it! They also have our Service logo and Ambulance in large letters, so it makes it easier for the other emergency services to pick us out at the scene!

Cheers Enjoynz

 

[Grady_emt]

Some very important things to keep in mind on this matter. This FHWA mandate goes into effect this November and if you read the mandate, as far as EMS and Fire Services are concerned, there are no exceptions.

The wearing of ANSI compliant vests, etc. has become increasingly "standard" since the first draft of the mandate went into effect back in 2006. After November 2008, a clear standard of highway scene safety will be established. I feel that any emergency service that tries to circumvent the new law or bend the law in such a manner as to only wear the vests when certain conditions exist are in my view arrogant and reckless with the safety of their personnel.

Should an EMS, Fire, etc. responder get injured or killed in a mandated highway area and he or she is not wearing an ANSI compliant vest, this could bring very serious litigation against the responder's service. Lack of following standards are what lawyers love to go after.

I've been summonsed to testify in several EMS lawsuits over the years (as a result of my photographs) and I seen very savvy plaintiff attorneys pick apart an accident scene. Some attorneys have even hauled in their own EMS expert witnesses to testify. They go in to win and win they usually do.

As I indicated in my earlier post, I too was almost a victim while photographing an accident scene several years ago and I have since been wearing an ANSI type 3 jacket on ALL MVCs. I hope this new law will be embraced by all emergency services for it's been long overdue.

Do you know what the official title/name of this law is, or where it can be found online. Did a quick google search with no luck.

 

[karaya]

Do you know what the official title/name of this law is, or where it can be found online. Did a quick google search with no luck.

It is known as Federal Regulation 23 CFR 634. If you look at Jon's very first post on this thread, you will see that he has provided a link to the regulation.

 

[Ridryder911]

New OSHA rule, vests at scene of MVC

Topic off the staging and dangers of MVC's. Many are unaware of a new Federal Regulation describing that safety workers (FIRE, EMS, LEO, and even tow truck drivers) must wear a reflective vest at all times at the scene. Now, these vest must class 3 or higher (have tear away capability). This law takes affect Nov. 2008. By not complying States may loose Federal Highway funding .. (which all needs to keep roads open).


http://edocket.access.gpo.gov/2006/E6-19910.htm


Background

On April 24, 2006, at 71 FR 20925, the FHWA published a NPRM
proposing to establish a policy for the use of high-visibility safety
apparel for workers who are working within the Federal-aid highway
rights-of-way. This NPRM proposed regulations implementing the
requirements of Section 1402 of the Safe, Accountable, Flexible,
Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU)
(Pub. L. 109-59; August 10, 2005), which directed the Secretary of
Transportation to, within one year, issue regulations to decrease the
likelihood of worker injury and maintain the free flow of vehicular
traffic by requiring workers whose duties place them on or in close
proximity to a Federal-aid highway to wear high-visibility safety
apparel. The comment period for the NPRM closed on June 23, 2006.
There has been an increase in the amount of maintenance and
reconstruction of the nation's highways that is being accomplished in
stages while traffic continues to use a portion of the street or
highway for purposes of travel. This has resulted in an increase in the
exposure of workers on foot to high-speed traffic and a corresponding
increase in the risk of injury or death for highway workers.
High visibility is one of the most prominent needs for workers who
must perform tasks near moving vehicles or equipment. The need to be
seen by those who drive or operate vehicles or equipment is recognized
as a critical issue for worker safety. The sooner a worker in or near
the path of travel is seen, the more time the operator has to avoid an
incident. The FHWA recognized this fact and included language in the
2000 Edition of the Manual on Uniform Traffic Control Devices (MUTCD)
\1\ to address this issue.'


Our State EMS is now looking at taking actions against the EMT's or the EMS if they are found not participating in this safety issue. Enough, that I am ordering new vests, and we will wear them. Many are unaware, that by NOT wearing such if it was offered to you may exempt your employer from liability if an occurrence so happens. As well, why not? I much rather be seen than felt!....

R/r 911

 

[enjoynz]

In New Zealand we have to wear them to MVA's, etc.
If we are not wearing them, we will be fined if we are caught.
Occupational Health and Safety ruling!
They only take a second to put on and zip up!
Safety first:excl:

Cheers Enjoynz

 

[2serveothers]

A great recommendation for increasing the safety of those on scene. Hi-Visability Lime Green and Orange are the proposed colors for the vests, I can remember a day when all of the EMS uniforms in my town were Flourescent Orange and White tops with Dark blue trousers with Scotchlite stripes.

There were often ribbing and complaining that they felt like a walking pumpkin. But the moral of it is, when it really mattered, they were visible. They have now went to dark tops and dark trousers (with Scotchlite as an option) which can admittingly be difficult to see under some of the best conditions. It will be interesting to see if this will have any future impact on uniform color selection also.

 

[karaya]

Topic off the staging and dangers of MVC's. Many are unaware of a new Federal Regulation describing that safety workers (FIRE, EMS, LEO, and even tow truck drivers) must wear a reflective vest at all times at the scene. Now, these vest must class 3 or higher (have tear away capability).
R/r 911

I think you meant to say class 2 or higher since class 2 is the minimum standard indicated by the FHWA notice. Tear away has been left optional.

 

[MedicPrincess]

In preparation for this change, our company has ensured the vests are on all rigs. They have published a S.O.P change that allows for "progressive disciplinary action" for violations of the rule/law. Currently, when caught without them, we are receiving verbal councelings. Effective Nov 1, we will begin with the write ups, ect.

And YEP... I got my verbal a couple shifts ago. It is such a "habit" to climb out and get to work. Its a mindset change. Being a part of our Safety Team, I am expected to "not forget" on the changes we are making. And considering my truck is posted about 4 blocks from where our owers, VP of SE Region, and Medical Director all live... I stand a great chance of getting noticed without mine on.

 

[daedalus]

Thanks for the post rid/ryder. I will be asking that our units are so equipped. I am so tired of hearing of incidents of injury on the side of the highway.

 

[medicdan]

Excellent news. I have been waiting for someone to flex their political-mucle and mandate it.
In Israel, every personal vehicle (actually, every vehicle period) is required to carry one reflective vest, for the driver if/when they need to stop on the side of the road. It has become such a part of the culture that LEOs check the vests at every traffic stop.

 

[Ridryder911]

I think you meant to say class 2 or higher since class 2 is the minimum standard indicated by the FHWA notice. Tear away has been left optional.

Actually, apparently that is debatable. I did not post the full content because there is states debating the issue, some are requiring "tear away". It will be interesting though, to see Troopers and LEO to have to wear them apparently even on traffic stops...

R/r 911

 

[Bosco578]

We have all been issued vests, as well as extra traffic vests are kept on all units. Any time we are dispatched to an MVC I put it on prior to responding so it's on when I get out on scene. Otherwise some staff drape them over the back of the seats or hang them on the hook just behind the seats.

 

[karaya]

It will be interesting though, to see Troopers and LEO to have to wear them apparently even on traffic stops...
R/r 911

Yes, that will be very interesting!

 

[Bosco578]

Yes, that will be very interesting!

Our FD and PD are issued and wear vests at all MVC's here as well.

 

[karaya]

I'm working on a new book project for one of the EMS publishers and for one of the chapters they want an image of the new vests being worn on an MVC. I told my editor it might be a few weeks or so until we get closer to the November deadline, but I'm curious what it will look like with all that sea of green and orange. Cops, hose jockeys and EMS all in vests!

 

[Bosco578]

I'm working on a new book project for one of the EMS publishers and for one of the chapters they want an image of the new vests being worn on an MVC. I told my editor it might be a few weeks or so until we get closer to the November deadline, but I'm curious what it will look like with all that sea of green and orange. Cops, hose jockeys and EMS all in vests!

Yes it looks like a rainbow melted....lol

 

[FireResuce48]

I can't argue against being more visible.

But the people over here are putting the wrong ideas in peoples heads. They are making it sound like if you put the vest on you won't get hit and I have seen responders thinking they are invincible on the highways.

So just remember. The vest reflects, not protects.
Always be aware of traffic.

Ha
I just came up with that. I like it.

 

[motownems]

can anyone confirm that it has to comply with class 3 standards? no wonder the class 2 compliant jacket I just bought was on such a great sale.:glare:

 

[karaya]

It is class 2 or higher. I'll dig up the link to this and post it. Now keep in mind this is the FHWA ruling. Some states have other rules for traffic safety that may require a higher class.

 

[FireResuce48]

Id have to look up the exact numbers but at highway speeds a class 3 is req.