---------- Forwarded message ----------
From: Murphy, John <jmurphy@...>
Date: Mon, Jul 13, 2009 at 12:17 PM
Subject: High-Viz Vest Rule Finalized



Just received the attached from Chief Wutz…



Stay safe



Murph



John Murphy

John Murphy, Coordinator

Dutchess County Department of Emergency Response



www.dutchessny.gov

"Dutchess County Government Cares"



________________________________

From: Wutz, Thomas (DOS) [mailto:Thomas.Wutz@...]
Sent: Monday, July 13, 2009 10:11 AM
Subject: High-Viz Vest Rule Finalized



Please pay particular attention to the bold paragraph


Monday, July 13, 2009

High-Visibility Vest Rule Finalized

Good News for the Fire Service Community



ERSI is pleased to report that with very little fanfare on June 15,
2009 the Federal Highway Administration (FHWA) published a notice of
Final Rule that adopts as final the Interim Final Rule that amends its
regulations to address safety concerns raised by the firefighting
community regarding high-visibility safety apparel.



Back in November of 2008, there was a lot of confusion about the use
of high-visibility vests at roadway incidents due to a new Federal
Highway Administration (FHWA) Rule. The new regulation, Rule 634,
stated that “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.”



That regulation created a dilemma for fire departments who were truly
interested in protecting their personnel. The training classes and
material used by the Emergency Responder Safety Institute (ERSI) has
for years suggested the use of high-visibility garments for public
safety personnel when working around traffic. NFPA 1500, the
Firefighter Health and Safety Standard has included a requirement for
firefighters to wear safety vests at traffic incidents in the last two
most recent editions. NIOSH Line of Duty Death Investigations have
also included recommendations for responders to wear highly visible
flagger vests when exposed to moving traffic. In the fire service
community it was generally understood that the vests were not
appropriate personal protective equipment (PPE) for personnel who were
actively engaged in firefighting operations because those garments are
not designed for exposure to fire, heat flame or hazardous materials.
Rule 634, as originally published however did not outline any
exemptions for firefighters engaged in direct firefighting operations
and that created the dilemma.



A cooperative effort was initiated by ERSI together with several
national fire service organizations including the IAFC, NVFC, USFA,
and IAFF to petition the FHWA to provide an official exemption for
firefighters and other responders from wearing high-visibility vests
when directly exposed to fire, flame, heat or hazardous materials. We
suggested that FHWA should allow firefighters to wear turnout gear
that complies with NFPA standards when fighting fires. The
organizations working together did a great job of educating and
motivating other fire service groups and personnel to write to the
FHWA about the problem and to submit similar comments to the national
committee working on revisions for the Manual of Uniform Traffic
Control Devices (MUTCD) to head off a similar problem in that
document.



Just hours before Rule 634 took effect in November of 2008, the FHWA
published a Tentative Interim Rule that provided the necessary
exemption for personnel engaged in active firefighting activities. And
now, effective as of June 15, 2009 the FHWA has published the Final
Rule that permanently adopts the wording in the Interim Rule that
addressed the safety concerns raised by the firefighting community
regarding high-visibility safety apparel.



The final version of Rule 634.3 states “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. Firefighters or other emergency responders working
within the right-of-way of a Federal-aid highway and engaged in
emergency operations that directly expose them to flame, fire, heat,
and/or hazardous materials may wear retro reflective turn-out gear
that is specified and regulated by other organizations, such as the
National Fire Protection Association. Firefighters or other emergency
responders working within the right-of-way of a Federal-aid highway
and engaged in any other types of operations shall wear
high-visibility safety apparel.”



The original federal documents related to this Rule and the final
rulemaking process can be reviewed here: http://tinyurl.com/nwxu3p



ERSI continues to monitor the revision process for the MUTCD and will
keep you informed of any changes that affect emergency responders.
We’ve been told that the goal is to publish that revised document
before the end of the calendar year. When it comes to highway incident
safety, we’ve got your back.





Be safe



tom

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