New ANSI Regulations Impact Workers on All Roads and Highways

Failure to comply with the new ANSI clothing requirements can risk workers safety and potentially result in costly safety citations.

American National Standard for High-Visibility Safety Apparel and Headwear Revised

In January 2010, the American National Standards Institute (ANSI) revised the American National Standard for High-Visibility Safety Apparel and Headwear. Although the changes were minor, the standard itself has been gaining acceptance and will ultimately impact workers on all roads, not just federal or state highways.

The growing recognition and enforcement of this standard will be felt throughout the construction industry. Failure to comply not only risks worker safety, but can result in costly safety citations, increased insurance premiums and higher payouts in a lawsuit. 

Known as ANSI/ISEA 107-2010, the original safety standard was published in 1999. Its goal was to provide an authoritative guide for the design, performance specifications and use of high-visibility apparel.

Since then, ANSI 107 has become widely recognized as the benchmark for deciding what is and what isn’t high visibility safety apparel.

In October 2009, OSHA issued an official letter stating that all highway and road construction workers must wear high-visibility apparel. Specifically, “High visibility apparel is required under the General Duty Clause to protect employees exposed to the danger of being struck by public and construction traffic while working in highway/road construction work zones.”

This letter from OSHA also reinforced the ruling from the Federal Highway Administration (FHWA) that went into effect November 2008. It requires the use of ANSI 107 Class 2 or Class 3 apparel for workers working within the right of way who are exposed to either traffic or construction equipment on all federal-aid highways.

Then in December 2009, the FHWA published the long awaited Manual on Uniform Traffic Control Devices (MUTCD) 2009 revision. MUTCD requires all workers within the right of way or work zone to wear high visibility apparel that meets ANSI 107 Performance Class 2 or Class 3.

All states have until December 31, 2011, to be in substantial compliance with the national MUTCD. This is especially important for construction business owners since it impacts workers on all roads, not just federal-aid highways.

New Regulations Mean Increased OSHA Enforcement

With these new regulations requiring high visibility apparel that meets tougher ANSI Standards will come an increased enforcement effort from OSHA, insurance companies and the courts.

OSHA has already announced it will use its General Duty Clause to cite employers who fail to provide high visibility apparel. According to Assistant Secretary of Labor for OSHA Jordan Barab, “Requiring the use of reflective vests is essential to help prevent workers from being injured or killed.”

With the standards and rulings now in place, insurers are increasingly promoting the use of high visibility apparel. Safety and loss specialists are referring to the new requirements in training. Insurers are also citing employers who fail to provide the proper apparel, which can result in increased premiums for construction businesses.

High Visibility Safety Improves the Bottom Line

The safer your workplace, the fewer man hours lost, and the lower your insurance premiums. Working closely with your insurer also decreases the chance of receiving a costly citation from OSHA for a workplace violation.

The proper use of ANSI 107 Performance Class 2 or Class 3 apparel reduces the potential for negligence. If an accident does occur where a vehicle strikes a worker, a company’s liability would be much greater if the employee was not wearing the proper personal protective equipment (PPE).

Ensuring ANSI 107 Compliance Means More Than Just Wearing a Safety Vest

As a business owner, how can you be sure the high visibility safety apparel you buy meets the rigorous performance and design requirements spelled out in the ANSI 107 standard?

Start by checking the labels. Labels must identify the manufacturer, product type, commercial name or code, size and its specific ANSI standard. Labels must also include a pictogram that shows the performance class and level of photometric performance of the reflective tape. The pictogram can be either a specific drawing of the garment or a universal representation of a garment.

All manufacturers must conduct third-party testing of their material and reflective tape. They must also complete a compliance certificate that states they conform to the appropriate ANSI 107 level of performance. Be sure to request this proof of conformance when purchasing apparel.

For more detail, a copy of the ANSI/ISEA 107-2010 standard can be purchased for $62 from ISEA by going to its website www.safetyequipment.org.

Construction Workers Must Wear Appropriate High Visibility Apparel

Once your company provides high visibility apparel to your workers, it is critical that they actually wear the apparel and wear it properly.

If a worker leaves his/her vest in a truck after exiting, he/she is not compliant with the standard. If a worker fails to close the front of a vest, he/she is not compliant (See figure 2). If they wear an overused, dirty, faded product, they are not compliant.

Even if a worker is provided the right safety apparel, any accidents or inspections that occur can leave your company vulnerable to fines or litigation if the apparel is not worn or not worn properly.

For proper protection, a worker must be visible from 360 degrees-day or night in any weather. If a vest is not properly closed, it does not provide the required visibility for the worker. The same holds true for products that have exceeded their useful life. Unfortunately, wear and tear, dirt and exposure to sunlight are all common in the construction industry, so it is important to replace high visibility apparel periodically.

The U.S. Federal Highway Administration (FHWA) has made the following statement about the expected lifetime of high-visibility PPE garments:

The FHWA research into the service life of the high-visibility garments that are currently in use indicates that the useful service life of the vests depends greatly on the type of activities in which the workers are engaged while wearing the garments. The useful life of garments that are worn on a daily basis is approximately six months. Garments that are not worn on a daily basis are expected to have a useful service life of up to three years. The FHWA realizes that there might be some variation in the useful service life of these garments based on the care provided. [Federal Register Vol. 71, No. 226 Friday, November 24, 2006 Rules and Regulations p. 67798]

To meet the OSHA and MUTCD requirements, it is the employer’s responsibility to ensure their workers have proper ANSI/ISEA 107 compliant apparel. It is also the employer’s responsibility to ensure workers wear apparel properly and replace apparel if it has worn out.

Consult with your insurance provider, high visibility apparel manufacturer or PPE distributors to help educate your employees. Implement a formalized safety program for the use of high visibility apparel. It can improve employee safety, reduce insurance premiums and protect your company’s financial future.

Construction Business Owner, July 2010