Federal Work Zone Federal Work Zone RegulationsRegulations

Chung Eng, Office of Transportation Operations

AASHTO Construction Annual Meeting – August 7, 2008

AgendaAgenda

BackgroundBackgroundFederal RulesFederal Rules

WZ Safety & Mobility RuleWZ Safety & Mobility RuleTemporary Traffic Control Devices RuleTemporary Traffic Control Devices RuleWorker Visibility RuleWorker Visibility Rule

EffectsEffectsResourcesResources

FactsFacts

Our highway infrastructure is aging and the need Our highway infrastructure is aging and the need for rehabilitation and reconstruction is growing.for rehabilitation and reconstruction is growing.

Much of this work is occurring while traffic is Much of this work is occurring while traffic is maintained on the facility under repair.maintained on the facility under repair.

ExposureExposure

Approximately 20% of NHS under construction Approximately 20% of NHS under construction during peak construction seasonduring peak construction seasonMore than 3,000 More than 3,000 WZsWZs are expected to be are expected to be present on the NHS during the peakpresent on the NHS during the peakApproximately 12 billion vehicle miles of travel Approximately 12 billion vehicle miles of travel a year will be through active work zonesa year will be through active work zonesMotorists can expect to encounter an active Motorists can expect to encounter an active work zone 1 out of every 100 miles driven on work zone 1 out of every 100 miles driven on the NHSthe NHS

Work Zone Fatalities

828

789

717

693 77

2 872

1026

989

1186

1095

1063

1058

1010

0

200

400

600

800

1000

1200

1400

1994

1995

1996

1997

1998

1999

2000

2001

2002

2003

2004

2005

2006

No. of Fatalities

-- One WZ fatality every 8.7 hours (almost 3 a day)One WZ fatality every 8.7 hours (almost 3 a day)-- One WZ injury every 9 minutes (160 a day)One WZ injury every 9 minutes (160 a day)

The need for rehabilitation and reconstruction is not going away

We must do better when we design and manage our work zones so that they work better

RegulationsRegulations

Work Zone Safety & Mobility Rule (Subpart J)Work Zone Safety & Mobility Rule (Subpart J)-- Published September 2004Published September 2004-- Effective October 2007Effective October 2007-- Established framework for systematic consideration and Established framework for systematic consideration and management of WZ safety & mobility impactsmanagement of WZ safety & mobility impactsTemp. Traffic Control Devices Rule (Subpart K)Temp. Traffic Control Devices Rule (Subpart K)-- Published December 5, 2007Published December 5, 2007-- Effective December 4, 2008Effective December 4, 2008-- Supplements Subpart J with additional safety considerationsSupplements Subpart J with additional safety considerationsWorker Visibility RuleWorker Visibility Rule-- Published November 24, 2006Published November 24, 2006-- Effective November 24, 2008Effective November 24, 2008-- Requires workers to wear highRequires workers to wear high--visibility safety apparelvisibility safety apparel

Subpart J StatusSubpart J Status

48 States fully met initial compliance requirements48 States fully met initial compliance requirements-- Approved WZ policy, definition for significant projects, Approved WZ policy, definition for significant projects,

procedures for procedures for TMPsTMPs, training plan, training plan

4 States partially in compliance 4 States partially in compliance –– close to finalizing close to finalizing their WZ policiestheir WZ policiesAgencies should be implementing their WZ policy and Agencies should be implementing their WZ policy and procedures on all Federalprocedures on all Federal--aid highway projects going to aid highway projects going to bid after October 12, 2007 unless a project exception bid after October 12, 2007 unless a project exception was obtained was obtained

What Does Implementation of What Does Implementation of Subpart J Look Like?Subpart J Look Like?

Projects with significant impacts are identified early Projects with significant impacts are identified early during project development.during project development.TMPsTMPs are developed for all Federalare developed for all Federal--aid projects.aid projects.Both you and the contractor are designating a Both you and the contractor are designating a responsible person to make sure the TMP is responsible person to make sure the TMP is implemented.implemented.All key personnel are appropriately trained. All key personnel are appropriately trained. WZ safety and operational data is used to better WZ safety and operational data is used to better understand performance and improve practices.understand performance and improve practices.Scope of WZ process reviews is broadened to match Scope of WZ process reviews is broadened to match new WZ policy and procedures.new WZ policy and procedures.

Overview of Subpart KOverview of Subpart K

NPRM published November 1, 2006NPRM published November 1, 2006Comment period closed February 16, 2007 with 60 Comment period closed February 16, 2007 with 60 substantive comments receivedsubstantive comments receivedFinal Rule published December 5, 2007Final Rule published December 5, 2007Implement by December 4, 2008Implement by December 4, 2008

GoalGoal: : Decrease Work Zone fatalities & injuries to workers and Decrease Work Zone fatalities & injuries to workers and

road usersroad usersApproachApproach::

Build on processes, procedures, and/or guidance Build on processes, procedures, and/or guidance implemented under Subpart Jimplemented under Subpart JEstablish minimum requirements and provide guidanceEstablish minimum requirements and provide guidance

Key Components of Subpart KKey Components of Subpart K

Added emphasis on safety in WZ policyAdded emphasis on safety in WZ policyPositive protection devicesPositive protection devicesExposure control measuresExposure control measuresOther traffic control measuresOther traffic control measuresUniformed law enforcementUniformed law enforcementSafe entry/exit for work vehicles and equipmentSafe entry/exit for work vehicles and equipmentPayment for traffic control features & operationsPayment for traffic control features & operationsQuality guidelinesQuality guidelines

Work Zone PolicyWork Zone Policy

The policy and related processes, procedures, and/or The policy and related processes, procedures, and/or guidance established under Subpart J guidance established under Subpart J shallshall include include consideration of road user and worker safety by addressing:consideration of road user and worker safety by addressing:Use of positive protection devices to prevent intrusions;Use of positive protection devices to prevent intrusions;Exposure control measures to minimize exposure;Exposure control measures to minimize exposure;Other traffic control measures to minimize crashes;Other traffic control measures to minimize crashes;Safe entry/exit of work vehicles and equipment onto/from Safe entry/exit of work vehicles and equipment onto/from the travel lanesthe travel lanes

Positive Protection DevicesPositive Protection Devices

Use Use shallshall be based on an engineering studybe based on an engineering studyAn engineering study An engineering study maymay be used to develop be used to develop positive protection guidelines, or to determine positive protection guidelines, or to determine appropriate measures for an individual projectappropriate measures for an individual projectThe engineering study The engineering study shouldshould be based on be based on consideration of factors and characteristics such consideration of factors and characteristics such as:as:

Example factors and characteristics to consider:Example factors and characteristics to consider:

1.1. Project scope and duration;Project scope and duration;

2.2. Anticipated traffic speeds through the Anticipated traffic speeds through the work zone;work zone;

3.3. Anticipated traffic volume;Anticipated traffic volume;

4.4. Vehicle mix;Vehicle mix;

5.5. Type of work (as related to worker Type of work (as related to worker exposure and crash risks);exposure and crash risks);

6.6. Distance between traffic and workers, Distance between traffic and workers, and extent of worker exposure;and extent of worker exposure;

7.7. Escape paths available for workers to Escape paths available for workers to avoid a vehicle intrusion into the work avoid a vehicle intrusion into the work space; space;

8.8. Time of day (e.g., night work);Time of day (e.g., night work);

9.9. Work area restrictions (including impact Work area restrictions (including impact on worker exposure);on worker exposure);

10.10. Consequences from/to road users Consequences from/to road users resulting from roadway departure;resulting from roadway departure;

11.11. Potential hazard to workers and road Potential hazard to workers and road users presented by device itself and users presented by device itself and during device placement and removal;during device placement and removal;

12.12. Geometrics that may increase crash risks Geometrics that may increase crash risks (e.g., poor sight distance, sharp curves);(e.g., poor sight distance, sharp curves);

13.13. Access to/from work space;Access to/from work space;

14.14. Roadway classification; and Roadway classification; and

15.15. Impacts on project cost and duration.Impacts on project cost and duration.

Positive Protection DevicesPositive Protection Devices

Examples of conditions that may warrant use of positive protectiExamples of conditions that may warrant use of positive protection:on:WZsWZs that provide workers no means of escape from motorized that provide workers no means of escape from motorized traffic;traffic;Long duration Long duration WZsWZs that result in substantial worker exposure to that result in substantial worker exposure to traffictrafficProjects with high anticipated operation speedsProjects with high anticipated operation speedsWork operations that place workers close to travel lanes open toWork operations that place workers close to travel lanes open totraffictrafficRoadside hazards that will remain in place overnight or longerRoadside hazards that will remain in place overnight or longer

Use of positive protection Use of positive protection shallshall be considered where be considered where workers are at increased risk from traffic and where workers are at increased risk from traffic and where positive protection devices offer the highest potential for positive protection devices offer the highest potential for increased safety for workers and road usersincreased safety for workers and road users

Exposure Control MeasuresExposure Control Measures

Exposure control measures Exposure control measures shouldshould be considered to be considered to avoid or minimize exposure for workers and road usersavoid or minimize exposure for workers and road users

Full road closuresFull road closuresRamp closuresRamp closuresMedian crossoversMedian crossoversFull or partial detours or diversionsFull or partial detours or diversionsProtection of WZ setup and removal using rolling road blocksProtection of WZ setup and removal using rolling road blocksPerforming work at night or during offPerforming work at night or during off--peak periodspeak periodsAccelerated construction techniquesAccelerated construction techniques

Other Traffic Control MeasuresOther Traffic Control Measures

1. Effective, credible signing;2. Changeable message signs;3. Arrow panels;4. Warning flags and lights on signs;5. Longitudinal and lateral buffer space;6. Trained flaggers and spotters;7. Enhanced flagger station setups;8. Intrusion alarms;9. Rumble strips;10. Pace or pilot vehicle;11. High quality work zone pavement

markings and removal of misleading markings;

12. Channelizing device spacing reduction;

13. Longitudinal channelizing barricades;14. Work zone speed management (including

changes to the regulatory speed and/or variable speed limits);

15. Law enforcement;16. Automated speed enforcement (where

permitted by State/local laws);17. Drone radar;18. Worker and work vehicle/equipment

visibility;19. Worker training;20. Public information and traveler

information; and21. Temporary traffic signals.

Other traffic control measures Other traffic control measures shouldshould be considered to reduce be considered to reduce WZ crashes and risks and consequences of intrusions into the WZ crashes and risks and consequences of intrusions into the work space.work space.

Uniformed Law EnforcementUniformed Law Enforcement

1. Basic interagency agreements between the highway agency and appropriate law enforcement agencies to address work zone enforcement needs;

2. Interaction between highway and law-enforcement agency during project planning and development;

3. Conditions where law enforcement involvement in work zone traffic control may be needed or beneficial, and criteria to determine the project-specific need for law enforcement;

4. General nature of law enforcement services to be provided, and procedures to determine project-specific services;

5. Appropriate work zone safety and mobility training for the officers, consistent with the training requirements in 23 CFR 630.1008(d);

6. Procedures for interagency and project-level communications between highway agency and law enforcement personnel, and

7. Reimbursement agreements for law enforcement service.

Each agency, in partnership with the FHWA, shall develop a policy addressing the use of uniformed law enforcement on Federal-aid highway projects. The policy may consist of processes, procedures, and/or guidance. The processes, procedures, and/or guidance should address the following:

Work Vehicles and EquipmentWork Vehicles and Equipment

The agency processes, procedures, and/or The agency processes, procedures, and/or guidance established under Subpart J guidance established under Subpart J shallshalladdress the safe entry/exit of work vehicles address the safe entry/exit of work vehicles onto/from the travel lanes.onto/from the travel lanes.Provisions for safe means for work vehicles and Provisions for safe means for work vehicles and equipment to enter and exit traffic lanes and for equipment to enter and exit traffic lanes and for delivery of construction materials to the work delivery of construction materials to the work space should be based on individual project space should be based on individual project characteristics and factors.characteristics and factors.

PaymentPayment

Payment for traffic control features and operations Payment for traffic control features and operations shallshall not be incidental to the contract, or included in not be incidental to the contract, or included in payment for other items of work not related to traffic payment for other items of work not related to traffic control and safetycontrol and safetySeparate pay items Separate pay items shallshall be provided for major be provided for major categories of traffic control devices, safety features, and categories of traffic control devices, safety features, and WZ safety activitiesWZ safety activitiesFor methodFor method--based specs, unit price pay items, lump based specs, unit price pay items, lump sum pay items, or a combination thereof may be usedsum pay items, or a combination thereof may be usedSpecs should include provisions to require and enforce Specs should include provisions to require and enforce compliance with implementation and maintenance of compliance with implementation and maintenance of the project TMP and related traffic control itemsthe project TMP and related traffic control items

Quality GuidelinesQuality Guidelines

Each agency Each agency shallshall develop and implement develop and implement quality guidelines to help maintain the quality quality guidelines to help maintain the quality and adequacy of the temporary traffic control and adequacy of the temporary traffic control devices for the duration of the projectdevices for the duration of the projectA level of inspection necessary to provide A level of inspection necessary to provide ongoing compliance with the quality guidelines ongoing compliance with the quality guidelines shallshall be providedbe provided

In Summary, Subpart K RequiresIn Summary, Subpart K Requires……

Supplementing the WZ processes and procedures Supplementing the WZ processes and procedures developed under Subpart J to specifically address developed under Subpart J to specifically address appropriate consideration of positive protection appropriate consideration of positive protection devices, exposure control measures, and other traffic devices, exposure control measures, and other traffic control measures in order to help reduce WZ fatalities control measures in order to help reduce WZ fatalities and injuries.and injuries.A policy addressing the use of uniformed law A policy addressing the use of uniformed law enforcement on Federalenforcement on Federal--aid projects.aid projects.Specific provisions that address appropriate payment Specific provisions that address appropriate payment and quality assurance for necessary safety features.and quality assurance for necessary safety features.Quality guidelines for temporary traffic control devices Quality guidelines for temporary traffic control devices along with appropriate level of inspection.along with appropriate level of inspection.

Worker Visibility RuleWorker Visibility Rule

Effective November 24, 2008Effective November 24, 2008Goal: Enhance worker safetyGoal: Enhance worker safetyRequirement: All workers within the rightRequirement: All workers within the right--ofof--way of a Federalway of a Federal--aid highway who are exposed aid highway who are exposed either to traffic or to construction equipment either to traffic or to construction equipment within the work area shall wear highwithin the work area shall wear high--visibility visibility safety apparel (Class 2 or 3 safety apparel (Class 2 or 3 –– ANSI/ISEA 107ANSI/ISEA 107--2004)2004)

What We Expect to SeeWhat We Expect to See

More focus on system impacts versus individual WZ site impactsMore focus on system impacts versus individual WZ site impactsWZ impacts considered throughout project delivery processWZ impacts considered throughout project delivery processMore WZ trainingMore WZ trainingMore effective communication with the publicMore effective communication with the publicMore performance monitoring and assessmentMore performance monitoring and assessmentIncreased consideration and management of worker and Increased consideration and management of worker and motorist safety in motorist safety in WZsWZsMore strategic and effective use of uniformed law enforcement More strategic and effective use of uniformed law enforcement in in WZsWZsMore clarity on and better provisions for safety features neededMore clarity on and better provisions for safety features neededon projectson projectsBetter quality devices throughout life of projectBetter quality devices throughout life of projectWorkers who are more visible Workers who are more visible Safer and more effective Safer and more effective WZsWZs

ResourcesResources

FHWA WebsiteFHWA Website

http://ops.fhwa.dot.gov/wz/resources/policy.htmhttp://ops.fhwa.dot.gov/wz/resources/policy.htmWZ PeerWZ Peer--toto--Peer ProgramPeer Program

http://ops.fhwa.dot.gov/wz/p2p/index.htmhttp://ops.fhwa.dot.gov/wz/p2p/index.htmNational WZ Safety Information National WZ Safety Information ClearinghouseClearinghouse

http://http://www.workzonesafety.orgwww.workzonesafety.org//

Additional ResourcesAdditional Resources

Interactive WorkshopInteractive WorkshopDevelopment of Policy on Use of Law Development of Policy on Use of Law Enforcement in Enforcement in WZsWZs (in development)(in development)

Contacts:Contacts:FHWA Division OfficesFHWA Division OfficesChung Eng (202) 366Chung Eng (202) 366--8043 8043 chung.eng@dot.govchung.eng@dot.govTracy Scriba (202) 366Tracy Scriba (202) 366--0855 0855 tracy.scriba@dot.govtracy.scriba@dot.govKen Wood (708) 283Ken Wood (708) 283--4340 4340 ken.wood@fhwa.dot.govken.wood@fhwa.dot.gov