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The Federal Highway Administration (FHWA) on December 5 issued a final rule on the use of temporary traffic control devices in highway work zones. The rule was required by a provision in SAFETEA-LU that AGC was instrumental in having included in the final legislation. AGC has been advocating for many years the need for greater use of positive barriers and uniformed law enforcement officials in highway work zones to better protect construction workers and the driving public. AGC has also advocated the use of unit price pay items for traffic control devices in highway construction contracts. The new rule, which is effective immediately, addresses these concerns.
The final rule requires state DOTS to establish policy and procedures for consideration of using positive protective devices, uniformed law enforcement, exposure control measures and establishes a list of factors DOTs must consider but does not place any mandate to use these practices.
Policy and Procedures- The rule directs DOTs to include in their work zone management policy and procedures specific steps taking into account worker and road user safety including the use of positive protective devices to prevent vehicle intrusion into work areas, use of uniformed law enforcement, safe entry and exit of work vehicles into the road way.
Positive Protective Devices- In determining whether to use positive protective devices, the rule directs the use of an engineering study. The rule establishes minimum criteria for considering the use of positive protective devices such as: availability of escape routes, duration of project, anticipated vehicle operating speed, workers operating close to open travel lanes and roadside hazards.
Exposure Control Measures- DOTs are also directed to consider exposure control measures such as: full road closure, ramp closures, median crossovers, detours and others.
Uniformed Law Enforcement- The rule spells out factors that should be considered when making a decision about the use of uniformed law enforcement such as: high speed traffic without the use of positive protection, traffic control set up, complex changes in traffic patterns, night work, past history of crashes in the area, and other factors.
Pay Items- The rule requires that separate pay items for items such as positive protective devices and law enforcement. The rule allows for the use of either lump sum or unit price for traffic control devices but does give some criteria for selected one payment method over the other. Unit prices are to be used when the contractor has little control over quantities. Lump sum should be used where an actual quantity of specific items is required or is dependent on the contractor's choice.
Maintenance of Devices- DOTs are directed to implement policies to maintain the quality and adequacy of temporary traffic control devices.
FMCA To Reissue Existing Hours of Service Requirements
The Federal Motor Carrier Safety Administration (FMCSA) has announced that it is preparing to release a new version of its hours-of-service rule that are nearly identical to the one previously rejected by a federal court. The new rule will continue to allow 11 hours of driving and the 34-hour clock restart provision. Both provisions were specifically struck down by the court primarily due to procedural reasons. Construction drivers are still allowed to reset their on hours clock after a 24 hour rest period.
 
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