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> News Summary > 20081113 News: Federal Regualations for Operations on Highways

Last Minute Clarification on Vests

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Submitted by: FireNews.net Staff

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Statewide County


RALEIGH - Federal Regulation 23 CFR 634 goes into effect on Monday, November 24th, 2008. Is your agency ready?

Pictured above are the ANSI compliant safety vests that are issued to FireNews.net photographers. Over two years ago, we placed these vests into service throughout the state. The main purpose was for the personal safety of our crews in the field.

The identification on the vests also distinguishes the photographers from operating crews. Each photographer’s name and CFP number appears on the back of the garment for identification.

We encourage all agencies to view the pdf document below to make sure your agency understands the minimum requirements and correct useage of the vests.

Click here for a pdf document from Responder Safety: “Vest Push Card: The Challenge to be Visible”

It is important to remember that turnout gear alone does NOT meet these new standards. 

Visit ResponderSafety.com for additional information, videos, and everything you need to know about Highway Safety Vests.

LAST MINUTE CLARIFICATION ISSUED

From the OSFM

FEDERAL VEST STANDARDS

We have received several calls here at the Office of State Fire Marshal on the New Federal Rule 23 C.F.R. Part 634 – Worker Visibility (High-Visibility Vests). While it only pertains to departments who work federal-aid highways, such as interstates and some North Carolina routes, everyone seems to be concerned about it. The Federal Highway Administration (FHA) proposed a new federal regulation on April 24, 2006, and published it in November of 2006, that requires all workers within the right-of-way of a federal-aid highway or route to wear an ANSI 107 (2004) Class 2 or 3 high-visibility vest.  This rule becomes effective on November 24, 2008. All first responders working within the right-of-way of a federal-aid highway or route are covered by the new Rule. The Rule was written with little input or involvement of the fire or rescue service prior to being issued. As a result, the new Rule created a dilemma for firefighters and rescuers responding to fires along Federal-aid highways or routes of any type. After the final rule had been issued, the FHA received hundreds of complaints and comments from the fire service mostly supportive of the context of the rule, but questioning it’s applicability during emergency operations. The question that arose related to how fire personnel are supposed to wear vests when fighting vehicle, brush, or other type fires or handling haz-mat materials. Obviously, they can’t. Reflective vest aren’t designed for this, and you certainly don’t want a flammable garment hung around your shoulders while engaged in firefighting or haz-mat. Although some vests are available that have flame-resistant properties, even they are not designed for firefighters engaged in direct fire attack operations. In response to the comments, the FHA issued and Interim Final Rule, effective at the date the original rule to take effect. The revised rule included an exemption and was worded as follows:

§ 634.3 Rule.
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 intent of the new Federal rule is to reduce or eliminate fire and rescue worker injuries or fatalities caused by being struck by vehicles, making its intent laudable and our adherence prudent. In short, provide the vest and require personnel to wear them when working roadways and not handling hazardous materials or fighting fire.

High-visibility vests are only one component of a system of protective strategies to protect firefighters from being struck by vehicles while working along roadways.  Each fire department and rescue squad should work to develop a comprehensive set of SOGs to help prevent roadside injuries. These may include such items as:

- Training for all personnel on roadway incident safety;

- Proper PPE – Turnouts/bunker gear (NFPA1971), helmet, hi-visibility vests;

- Cleaning of gear and replacement of damaged reflective stripes;

- Proper positioning of apparatus to create a safe zone;

- Proper use and deployment of traffic control devices.

There are also many new fire and rescue apparatus visibility features to consider when you upgrade or purchase a new apparatus. These include new lighting packages and high-visibility (reflective and florescent) chevrons on the rear of apparatus that comply with the guidelines recently passed for the newest edition of NFPA 1901. As part of a department’s PPE hazard assessment process and documentation, clearly identify ALL the hazards (including moving traffic at roadway incidents) and document specifically what PPE personnel should be wearing for the various types of emergencies your agency responds to such as fires, medical assists, hazmat, motor vehicle crashes etc. This guidance should detail what personnel attacking a vehicle, structure or ground cover fire should be wearing (and that would NOT include high visibility vests) and any other precautions that should be taken to protect them including a protected “safe zone” secured by fire apparatus positioned and parked correctly to protect personnel. Personnel who are on-scene and are not directly exposed to fire, flame, excessive heat or hazardous materials would be expected to wear high-visibility garments. Any members assigned to respond to an emergency situation and are on RIT should be considered in the same environment as those engaged in active fire attack and should be staged OFF of the roadway and in the protected safe zone where they would not require high-visibility gear until after the scene is under control at which time they could don a vest.

Make sure that your fire and rescue personnel have completed roadway incident safety training. The NC Department of Insurance OSFM staff is currently working with the NCDOT to develop a Highway Incident Response DVD. This material will also be included in the Driver /Operator Program. This will be available soon and should be available for departments in the early months of 2009.

It will be necessary to purchase an appropriate number, type and sizes of high-visibility vests for your personnel. Appropriate means ANSI-107(2004) Class 2 or 3 garments OR ANSI-207(2006) compliant garments. Be sure to obtain vests of the proper size to fit over turnout gear usually starting at XL and above, since non-firefighting personnel will need to wear one.

Each of us wants to keep our personnel safe. Rather than viewing this new standard as a burden, we should apply it in a practical, reasonable, and prudent fashion and continue to take every effort we can to keep our personnel safe.

Primary Agency: FireNews.net

Posted on Mon Nov 24 2008 at 20:50 UPDATED: Mon Nov 24

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Reader Comments:

Editor’s Note:

If you are trying to see if your existing Highway Safety vests are compliant, here’s what to look for:

- Fluorescent background material of yellow-green, orange-red or red.
- Garment labeled as compliant with ANSI/ISEA 107-2004 or ANSI/ISEA 207-2006.
- Also recommended is the optional breakaway feature.

Posted by FNN Admin on Thu Nov 13 2008 at 13:36

We just posted one more thing you may want to read from 3m:

http://www.firenews.net/pdf/3m_quickreference.pdf

Posted by FNN Admin on Tue Nov 25 2008 at 18:14

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