FHWA clarifiesvest rule

Dec. 19, 2008
The Federal Highway Administration (FHWA) has clarified a rule that requires all workers, including cargo tank vehicle drivers, to wear a high visibility vest when standing in a "federal aid highway" right-of-way, according to NEON,, the New England Fuel Institute (NEFI) newsletter

The Federal Highway Administration (FHWA) has clarified a rule that requires all workers, including cargo tank vehicle drivers, to wear a high visibility vest when standing in a "federal aid highway" right-of-way, according to NEON,, the New England Fuel Institute (NEFI) newsletter.

Nevertheless, the newsletter article pointed out that while the FHWA interpretation is somewhat at odds with the language of the rule, the vest requirement is not expected to apply to most petroleum cargo tank vehicle drivers. "The most likely situation where a driver is required to wear a safety vest is when a cargo tank vehicle or other service vehicle is parked in the road to unload product, such as delivery of home heating oil or diesel fuel and gasoline to road construction sites," the article stated. "Even in these situations, the road must be a federal aid highway in order for the vest requirement to apply."

State Departments of Transportation can provide lists of federal aid highways upon request. Under the FHWA rule, all workers standing within the right-of-way of a federal aid highway must wear high visibility safety apparel, specifically, ANSI Class 2 reflective vests. The rule was written to protect emergency responders, highway maintenance employees, and construction workers from vehicular traffic while working within the right of way of federally funded highways.