FHWA Issues New Rule On Temporary Traffic Control Devices
Payment for Work Zone Safety Features and Work Zone Quality Guidelines Among Topics Addressed
On December 5, the FHWA issued its long-awaited Final Rule on Temporary Traffic Control Devices (FR Vol. 72, No. 233, at pages 68480 - 68491). This rule specifically addresses payment issues for work zone safety features. It also mandates that Federal-aid recipients develop quality guidelines for temporary traffic control devices.
The initial Notice of Proposed Amendment, proposing the creation of Subpart K, was published in 2006. This special edition of The Flash summarizes and highlights sections of the rule that should be of particular interest to ATSSA members. The full rule can be accessed at the main page of ATSSA.com, or immediately by clicking here. This rule was developed as a result of legislative directives included in SAFETEA-LU, and becomes effective December 4, 2008.
The purpose of Title 23 Code of Federal Regulations (CFR) Section 630.1102, Subpart K, is to decrease the likelihood of highway work zone fatalities and injuries to workers and road users. Among the key issues addressed in the development of the Final Rule are:
- Revisions to terms and definitions to address all treatments and traffic control devices;
- Presentation of treatments - as options - not in priority order;
- Provision of appropriate pay items for all traffic control treatments and operations;
- Flexibility on pay items, acknowledging that either lump sum or unit pricing may be appropriate, depending upon circumstances; and
- Reference to the need to manage risks associated with work vehicles and equipment when they are exiting or entering travel lanes.
The rule provides additional guidance on the development of Work Zone Safety and Mobility Policies by recipients of Federal-aid highway funds as required in 23CFR 630, Subpart J, Section 630.1006 (Work Zone Safety and Mobility Policy). It specifies that agency processes, procedures and guidance should be based on the MUTCD, the AASHTO Roadside Design Guide, and specific project characteristics and features. There is a list of 15 characteristics of projects that are suggested for consideration under Section 630.1106.
The rule also addresses a number of items that agencies should consider in developing their policies, including the development of criteria to determine project-specific needs for law enforcement in work zones and appropriate work zone safety training and mobility training for law enforcement officers.
Section 630.1108 lists five specific work zone characteristics for which positive protection devices should be considered. This is followed by a list of seven examples of Exposure Control Measures, as well as a listing of 21 additional "Traffic Control Measures."
The introduction to the Rule includes a very specific discussion of payment for work zone safety features. For the first time, FHWA has recognized that payment for work zone safety features is sometimes considered "incidental" to other items of work and terms this practice "unacceptable." The section goes on to say that "conscientious contractors are at a significant disadvantage because they provide more safety, without payment, than other contractors that choose to neglect safety to achieve a cost advantage." The Final Rule rectifies this situation by specifying that payment for work zone traffic control features and operations "SHALL not be incidental to the contract, or included in payment for other items of work not related to traffic control and safety."
Finally, the Rule states that "each agency shall develop and implement quality guidelines to help maintain the quality and adequacy of the temporary traffic control devices for the duration of the project." The Rule specifically states that the agencies may develop their own guidelines or adopt existing quality guidelines such as those developed by ATSSA.
ATSSA members in chapter states can look forward to presentations and updates on this topic at upcoming chapter meetings. Representatives of the State DOTs will be invited to these meetings to discuss how the DOT plans to implement the new requirements in its state.
The full copy of the Final Rule can be viewed at the main page of ATSSA.com, or click here to be transported directly to the full document.
