[Federal Register: October 24, 1995 (Volume 60, Number 205)]
[Notices]
[Page 54562-54566]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24oc95-135]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
[FHWA Docket No. 94-17]
Highway Work Zone Safety Program
AGENCY: Federal Highway Administration (FHWA), DOT.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Federal Highway Administration (FHWA) hereby establishes
the National Highway Work Zone Safety Program (NHWZSP). The purpose of
the program is to enhance safety at highway construction, maintenance,
and utility sites by
[[Page 54563]]
improving the quality and effectiveness of traffic operations, safety
appurtenances, traffic control devices, and maintenance of traffic
bidding practices.
EFFECTIVE DATE: October 24, 1995.
FOR FURTHER INFORMATION CONTACT: Mr. Joseph J. Lasek, Safety Design and
Operations Division, HHS-10 by telephone at 202-366-2174 and telefax,
202-366-2249 or Mr. Joseph Solomey, Office of Chief Counsel, HCC-20, by
telephone 202-366-1374, Federal Highway Administration, 400 Seventh
Street, SW., Washington DC 20590. Office hours are from 7:45 a.m. to
4:15 p.m. e.t., Monday through Friday, except Federal holidays.
SUPPLEMENTARY INFORMATION: Section 1051 of the Intermodal Surface
Transportation Efficiency Act (ISTEA) of 1991 (Pub. L. 102-240, 105
Stat. 1914) requires the establishment of a National Highway Work Zone
Safety Program (NHWZSP).
Highway work zones occur due to road and structural improvements,
maintenance activities, or utility work performed by contractors,
public agencies, or utility companies at the request or approval of a
government agency. These State and local governments have primary
responsibility for planning, designing, and implementing work zones to
ensure the safe and convenient travel of highway users as well as the
safety of the workers.
The FHWA views its role as providing leadership, guidance, and
oversight to improve the overall highway safety construction,
maintenance, and utility work zones especially on Federal and
Federally-aided projects. The FHWA has exercised its leadership and
guidance through the years by developing and updating work zone traffic
safety regulations; developing technology and safety information bases;
revising the National Manual on Uniform Traffic Control Devices
(MUTCD), Part VI, relative to work zone operations; conducting field
reviews; developing national training courses for improving the
planning, design and operations of work zones; conducting related
research; holding national and regional work zone safety conferences;
and issuing technology transfer information to assist in the rapid
transfer of work zone technology and procedures. On September 8, 1994,
FHWA published in the Federal Register (59 FR 46467) a proposal to
establish the NHWZSP. Subsequently, a national work zone safety
conference was conducted in Washington, D.C. (December 5-7, 1994) with
over 230 invited participants representing a broad spectrum of
organizations involved with work zones and safety issues. Proceedings
of the conference have been published and are being widely distributed.
Information obtained from the conference has also been considered in
the development of this final version of the NHWZSP.
Discussion of Comments
During the public comment period for the September Federal Register
Notice, which closed on November 11, 1994, FHWA received written
responses from 25 organizations including 13 State Departments of
Transportation (DOTs), three national associations, four private
companies, a utility company, a labor union, a safety advocacy group, a
consultant, and a Federal government safety agency. The responses
concerning this program are available for review at the Federal Highway
Administration, Public Docket Room 4232, Office of the Chief Counsel,
400 Seventh Street, SW., Washington, DC 20590.
Of the 25 responses received, eight fully supported the program or
supported it with selected reservations; 16 expressed no position on
the program in general, but had comments on specific items; and one
expressed a specific reservation on elements of the program.
The 25 responses included some 162 total individual comments on
aspects of the program. Many of the comments had similar themes and
were the basis for making changes in producing the final product. Some
of the changes only involved adding clarifying language, while others
added information or modified the program substantially. The comments
that have resulted in substantive changes or were of significance are
summarized in the following discussion. The content and location of
changes in the NHWZSP are provided in the Discussion of Comments
section.
Objective and Scope
Two respondents--one private industry and one national
association--recommended that the NHWZSP should recognize highway
worker safety. Although this was intended, it was not specifically
covered. The Objective and Scope of the NHWZSP has been revised to
specifically include ``highway workers.'' Additionally, FHWA is
addressing the needs of highway workers by promoting the use of the
Strategic Highway Research Program (SHRP) work zone safety devices
mentioned in Section C, paragraph 4, subparagraph a (C.4.a), such as
the intrusion alarms which warn workers of vehicles entering their work
area. FHWA is also supporting training courses that address worker
safety, such as ``Design and Operation of Work Zone Traffic Control.''
Two respondents--two State DOT's--recommended that the NHWZSP
address the needs of older drivers in work zones. The FHWA has amended
the Objective and Scope to include ``elderly drivers''. Also, to assess
the needs of elderly drivers FHWA is conducting a study, ``Human
Factors Study of Traffic Control in Construction and Maintenance
Zones.'' The results from this study will be used to revise work zone
operations where needed to better accommodate elderly drivers.
Three respondents--two State DOT's and one national association--
recommended that the NHWZSP should involve all levels of an agency's
personnel, all aspects of industry and public agencies. The FHWA agrees
with this recommendation and has amended the Objective and Scope to
include the entities for which the program applies. The FHWA will also
consider this in any guidance material that may be issued in the
future.
Standardization
Two respondents--a State DOT and a safety advocacy group--commented
on the updating of 23 CFR part 630 Subpart J, ``Traffic Safety in
Highway and Street Work Zones.'' One respondent recommended
strengthening Subpart J and making unit pay items mandatory. The other
response recommended more State and local government flexibility in
bidding practices. The FHWA will consider these divergent viewpoints
during the updating of Subpart J over the next year. No change was
required in the NHWZSP based on these recommendations.
Nine respondents--five State DOT's, two private companies, a safety
advocacy group, and one national association--commented on minimum
retroreflectivity guidance. Three respondents recommended that minimum
retroreflectivity standards should be developed, two respondents
recommended that they should be deferred or limited in application, one
State DOT recommended they should not be developed, and the remaining
three respondents commented on the subject content or the phasing of
any proposed guidance. The FHWA is working to develop standards for
minimum levels of retroreflectivity for all signs and pavement markings
as required by the 1993 Department of Transportation Appropriations
Act. The establishment of retroreflectivity standards for all signs and
pavement
[[Page 54564]]
markings for incorporation into the Manual of Uniform Traffic Control
Devices (MUTCD) will be addressed through a separate rule making
process.
Eight respondents--six State DOT's, one private company and a
safety advocacy group--commented on determining the crashworthiness of
work zone related traffic control devices and safety appurtenances.
Four respondents support the NHWZSP's proposed crash testing program.
Two respondents expressed concern about the cost and the need to
consider accident experiences as well as the nature of specific work
zone appurtenances in determining their crashworthiness. Remaining
respondents recommended specific appurtenances for crash testing. The
FHWA believes it is important to have safe crashworthy equipment and
traffic control devices in work zones similar to what is required on
the other portions of a highway. However, there is a need for rational
decision making in developing an appropriate crash test program for
work zones devices. This would consider the relative degree of risk,
the potential use of computer simulation in lieu of crash tests, and in
service experience. No change to the program was considered necessary
based on the received comments.
Three respondents--two State DOT's and one private company--
recommended using procedures and layouts for short term work that
require a lesser number of traffic control devices. Although the
comments do not directly relate to the NHWZSP content, they are
deserving of a response. The FHWA considers that the new Part VI of the
Manual on Uniform Traffic Control Devices provides adequate flexibility
for short term work zones. Suggestions for specific changes to the
MUTCD traffic control figures or clarifying language may be submitted
to the FHWA for consideration in future revisions to Part VI.
Compliance
Two respondents--one State DOT and a consultant--recommended more
emphasis be placed on development and implementation of traffic control
plans (TCP). The FHWA agrees with the importance of using good traffic
control plans for work zones and in complying with them during the life
of the project. The current Federal regulations (23 CFR 630, Part J)
emphasize their contribution for improving work zone safety. Also, the
FHWA is providing further emphasis on TCPs in new work zone training
courses, especially the two courses--``Developing Traffic Control Plans
and Strategies'' and ``Design and Operation of Work Zone Traffic
Control.'' Additionally, FHWA will emphasize implementation and
compliance with TCP's in the review process used by State and local
highway agencies and in the periodic FHWA regional reviews.
Seven respondents--four State DOT's, two national associations, and
a safety advocacy group--commented on certification of flaggers and
work site supervisors. Two respondents recommended that certification
should not be mandated. Two respondents recommended requiring
certification programs. Other respondents provided recommendations on
the subject content of any proposed certification program. The FHWA
recognizes that differences exist concerning certification requirements
for flaggers and work site supervisors, and determined it would be
inappropriate to mandate a certification program at this time. However,
FHWA recognizes the potential for increased safety and Section
C.2.c.(1) is modified to promote the use of training and certification
for flaggers and work site safety supervisors. Additionally, FHWA will
collect and disseminate information on certification programs.
Three respondents--one State DOT, one private company, and a
utility--recommended that more emphasis should be placed on increasing
safety in work zones by improving laws and improving cooperation
between highway agencies and law enforcement agencies. FHWA agrees and
has modified the NHWZSP [See Section C.2.c.(3)] to promote greater
coordination and cooperation between highway agencies and law
enforcement agencies. FHWA will incorporate information on the
cooperative involvement of law enforcement agencies into current
training courses and field review procedures.
Evaluation
Eight respondents--five State DOT's, one national association, a
safety advocacy group, and a Federal government safety agency--
commented on annual reviews. Five respondents supported this section
and three commented on the scope of the annual review process. FHWA has
revised the NHWZSP [See Section C.3.b.(2)] to clarify its intent to
conduct or participate in reviews on a periodic basis. Since the FHWA
is shifting emphasis in its oversight responsibilities from a project
review orientation to a program and system review orientation, these
type reviews will allow the FHWA to participate in program evaluations
and analyze national trends at a time of reduced resources.
Seven respondents--four State DOT's, two private companies, and a
labor union--supported the need for better work zone crash data or
commented on aspects of work zone accident reporting. Two respondents
recommended that accident data should be collected within existing
State traffic records systems, two respondents recommended better
accident data collection, and the other respondents supported better
accident data collection with reservations about the extent of any data
collection effort.
The recent National Work Zone Safety Conference also provided
strong support for collecting and using better work zone crash data
elements. Section C.3.a. was revised to reflect the efforts FHWA will
initiate to improve work zone crash data at both the national and state
level, while recognizing the difficultly in gaining acceptance for any
major accident data collection effort.
Innovation
Four respondents--three State DOT's and one private company--
proposed the NHWZSP provide incentives (funds) to develop new
technology. While FHWA agrees with the concept of using incentives to
support development of new technology, this cannot be included in the
NHWZSP at this time because there is no authorizing legislation to
provide (fund) incentives.
Four respondents--three State DOT's and one private company--
recommended that the NHWZSP should focus on improving communications
among contractors, highway users, and highway agencies. One respondent
recommended that FHWA focus on improving communications and information
flow, two respondents recommended specific actions that would
communicate information, and one respondent recommended that FHWA
should develop a national information network. The development of a
national clearinghouse for work zone information was also strongly
supported at the recent National Work Zone Safety conference. FHWA
agrees that improving information flow about nationwide work zone
safety data and activities is important. In response to the
recommendations Section C.3.c.(2) has been added which identifies
FHWA's intent to investigate establishing a national clearinghouse for
work zone information.
NHWZSP Implementation
Five respondents--three State DOT's, one national association, and
a safety advocacy group--recommended that a work zone safety program be
included
[[Page 54565]]
in the State's Safety Management System. The FHWA agrees and has added
Section C.2.c.(2) encouraging that highway work zone safety should be
part of each State's Safety Management System.
National Highway Work Zone Safety Program
A. Introduction
Section 1051 of ISTEA requires the Secretary of Transportation to
``* * * develop and implement a work zone safety program which will
improve work zone safety at highway construction sites by enhancing the
quality and effectiveness of traffic control devices, safety
appurtenances, traffic control plans, and bidding practices for traffic
control devices and services.''
Section 1051 is the result of Congressional concern for the
continuing number of fatalities and injuries occurring annually in work
zones and its desire to improve work zone safety for highway users and
workers. In response to these concerns, the FHWA developed the National
Highway Work Zone Safety Program (NHWZSP) based upon FHWA experience,
National Transportation Safety Board findings and recommendations,
docket comments, annual work zone safety reports, research reports, and
technical articles.
The NHWZSP is the structure FHWA will follow in planning,
developing, implementing, and monitoring work zone safety and
operational activities nationally. By including basic activities
necessary to improve work zone safety in the NHWZSP, it also serves as
a model for State and local governments to follow in developing or
revising their own work zone safety improvement programs.
B. Objective and Scope
The objective of the National Highway Work Zone Safety Program is
to enhance safety and operational efficiency of highway work zones for
highway users--motorists, pedestrians, motorcyclists, bicyclists,
including the elderly highway users--and highway workers. The program
is applicable to all public highways and streets. Early implementation
will particularly emphasize activities on the National Highway System.
The program elements should be considered for application by all public
highway agencies and utility companies, the highway industry, and
highway users. The intent is to have a continuing active program which
will be reviewed at least biennially.
C. Work Zone Program
The NHWZSP consists of four components--standardization,
compliance, evaluation, and innovation. Each component contains key
elements supporting the component, and for each element there are
planned or recommended FHWA activities that will aid in its
implementation. In addition, each listed activity may support more than
one program component.
1. Standardization--Update Existing Work Zone Safety Related Standards
and Develop New Standards Where Needed
Standardization of traffic control devices, operational features,
traffic control plans or layouts, contract specifications, and use of
recognized industry wide good work zone management practices encourages
uniformity of application and a common understanding of these items by
highway agency staff, contractor's personnel, equipment and material
suppliers, and the traveling public. This promotes quicker recognition
and better understanding of what is required to achieve compliance and
assure a higher level of safety in work zones.
The following elements are pertinent to having appropriate national
and State standards and guidelines contribute to improved work zone
safety:
a. An updated Federal regulation on work zone safety--23 CFR 630
Subpart J, ``Traffic Safety in Highway and Street Work Zones.''
(1) FHWA will review current work zone problems and update the
regulation to reflect current needs and emphasis including
reinforcement of guidance on bidding practices, work zone accident data
collection and analysis at both project and program levels, compliance
with traffic control plans, and work zone speed limits.
b. A current Manual on Uniform Traffic Control Devices (MUTCD)
including Part VI Standards and Guides for Traffic Controls for Streets
and Highway Construction, Maintenance, Utility, and Incident Management
Operations.
(1) FHWA will maintain and continually update Part VI of the MUTCD
for direct use by highway agencies, contractors, utility companies, and
the highway industry in general.
(2) FHWA will develop retroreflectivity standards for work zone
signs and pavement markings as part of an overall FHWA objective to
meet the retroreflectivity requirements included in the 1993 U.S.
Department of Transportation Appropriations Act.
c. Standards, procedures, and criteria for establishing the
crashworthiness of work zone safety appurtenances.
(1) FHWA will propose a pooled funded crash testing program using
the latest accepted criteria and standards approved by the FHWA. This
will also include development of clarifying or additional guidance
related to the use of crashworthy devices in work zones.
2. Ensure Compliance
Experience in work zone operations indicates that ensuring
compliance with existing standards and guidelines at all times would
substantially improve the safety and operation of work zones. The
common causes of noncompliance include--underestimating project needs
or complexity, failure to accurately implement the traffic control plan
initially or modify it due to changing conditions, and gradual
deterioration of devices over the life of the project.
Elements considered important to assuring compliance with work zone
related standards and guidelines are--
a. Procedures and specifications which help achieve or maintain an
acceptable level of quality for traffic control plan applications,
including all traffic control devices and safety appurtenances used in
work zones.
(1) FHWA will develop inspection methods to identify devices that
have been improperly installed or inadequately maintained to increase
the contractors' compliance and highway agencies' enforcement of
contract traffic control provisions. This activity includes promoting
the National Highway Institute's training course--``Inspection of Work
Zone Traffic Control Devices,'' which provides guidance to inspectors
for assuring an acceptable quality level of installed and maintained
work zone traffic control devices.
(2) FHWA will identify and promote those procedures and
specifications that will help improve the efficiency and effectiveness
of work zone operations (ex. special incentive/disincentive provisions
for timely completion of work) and increased safety.
b. Public awareness and education programs designed to sensitize
highway users on the uniqueness and risk of driving in work zones and
to change highway user behavior accordingly.
(1) FHWA will promote the development and implementation of public
education and awareness programs, including exploring the potential of
developing, in cooperation with our partners, a single national work
zone safety campaign that could be locally adapted and used by each
State.
[[Page 54566]]
(2) FHWA will consider other outreach activities to advance the
concept of safer driving in work zones.
c. Full use of available resources and guidance material to achieve
better compliance with traffic control plans, specification, and
procedures.
(1) FHWA will provide guidance to highway agencies on training/
certification programs for flaggers and work site safety supervisors,
and promote their use.
(2) FHWA will encourage State and local highway agencies to include
work zone safety in their Safety Management Systems to assure it is
properly considered in the planning, design, and implementation stages.
(3) FHWA will promote greater coordination and cooperation between
law enforcement and highway agencies in the planning, design, and
implementation of traffic control plans. Also, provide information on
effective State and local laws, regulations, and procedures that
enhance the safety and operations of work zones.
3. Improve Evaluation of Work Zones
Evaluation is a necessary tool for analyzing failures and
identifying successes in work zone operations. Through evaluation, it
is possible to identify opportunities for countermeasures and to
measure the benefits of current ones. The following elements contribute
to increased evaluation capabilities and improved program related data:
a. Accurate and sufficient work zone crash data.
(1) The FHWA will assist State highway agencies in evaluating their
programs and improving their procedures for collecting and analyzing
work zone accident and incident data.
(2) The FHWA, in cooperation with the National Highway Traffic
Safety Administration (NHTSA) and others, will provide a single
definition of work zone related accidents for universal use, and
identify the minimum data elements that should be collected for
compiling the fatalities and injuries occurring in work zones.
b. Independent project and work zone program oversight to identify
safety deficiencies.
(1) The FHWA will encourage State and local highway agencies to
have a system of independent project site and program process reviews
to identify desirable safety changes.
(2) On a regional basis, the FHWA will periodically review a
sampling of active highway construction, maintenance, and utility
projects. The review will include a detailed analysis of traffic
control plans and their revisions, the validity and condition of the
traffic control devices (both day and night), and appropriate
management and enforcement activities.
c. A national information exchange system for feedback on positive
activities for improving work zone safety.
(1) The FHWA will provide an annual report summarizing efforts
being made by the States to reduce deaths and injuries occurring in
work zones and the effectiveness of such efforts.
(2) The FHWA will explore, in cooperation with others, the
potential for establishing a national work zone safety information
clearinghouse.
d. A specific problem assessment program to identify possible cause
and effect factors for unique work zone problems and identify potential
solutions.
(1) The FHWA will evaluate specific work zone related problems or
issues of national significance as they occur. Scope and extent of
evaluation will be determined on a case by case basis. Active
participation by States and FHWA field offices will be encouraged.
4. Implement Innovative Technologies and Procedures
The use of innovative technologies and procedures can help improve
highway user and worker safety, and traffic flow through work zones.
Such innovations consist of the development of new products and
procedures and more effective use of existing ones through increased
training. Elements supporting innovation and increased effectiveness
are:
a. Acceptance and adoption of new technology.
(1) The FHWA will encourage the State and local highway agencies
and others to use the Strategic Highway Research Program (SHRP) Work
Zone Safety Products that have been proven successful. These include
those that provide added protection for workers, such as, the flashing
stop/slow paddle and the intrusion alarm.
(2) FHWA will encourage the increased use of innovative protective
safety devices, such as Truck Mounted Attenuators for short-term and
intermediate-term stationary work zones, and automated shadow vehicles
for mobile and short-term work zones.
(3) FHWA will encourage the use of techniques identified in the
1992 report to Congress entitled, ``Traffic/Congestion Management
During Highway Construction'' to minimize disruptions to traffic during
construction of highway projects.
b. An ongoing research and evaluation program for new work zone
safety products, devices and procedures.
(1) FHWA will encourage the States to support work zone safety
research and new technology evaluation programs to be able to more
quickly adopt viable products and devices.
(2) FHWA will conduct research on condition-responsive work zone
traffic control systems and operations applicable to longer-term
construction areas. An example is the ``Vehicle Queue Backup Warning
System'' being developed to warn motorists and workers of situations
which could produce hazards such as traffic stoppage at critical
locations.
(3) FHWA will research work zone human factors driving needs with
emphasis on the elderly driver.
c. A continuing training program for highway agency staffs and
contractor personnel where appropriate.
(1) FHWA will develop and conduct a comprehensive work zone safety
training program. This program will encompass subjects ranging from an
understanding and application of basic concepts to procedures for
developing complex work zone strategies. The work zone training program
courses will be available through the FHWA's National Highway Institute
(NHI).
D. NHWZSP Implementation
1. The FHWA will continue to develop and implement the activities
included in this NHWZSP and will support implementation of specific
findings of the National Work Zone Conference held December 5-7, 1994,
in Washington, DC.
2. Each FHWA Division Administrator will work in partnership with
the State highway and other appropriate agencies to develop and
implement a Statewide highway work zone safety program patterned after
the NHWZSP that meets State and local needs.
3. Each FHWA Division Administrator should encourage the State
highway agency to include highway work zone safety as a part of its
Safety Management System.
Authority: 23 U.S.C. 315; 49 CFR 1.48; Sec. 1051 of Pub. L. 102-
240, 105 Stat. 1914, 2001.
Issued on: October 16, 1995.
Rodney E. Slater,
Federal Highway Administrator.
[FR Doc. 95-26226 Filed 10-23-95; 8:45 am]
BILLING CODE 4910-22-P