[Federal Register Volume 60, Number 205 (Tuesday, October 24, 1995)]
[Notices]
[Pages 54562-54566]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-26226]



-----------------------------------------------------------------------

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