A regulation by the U.S. Department of Transportation’s Federal Highway Administration (FHWA) affecting broadcasters goes into effect on November 24, 2008. The regulation will require everyone working on federal-aid highways to wear high-visibility vests. FHWA has interpreted this regulation as including members of the media within the definition of "workers."
As a result, roadside reporters and cameramen, among others, will be required to wear the high-visibility vests while working on-site (e.g., while covering a road construction story or traffic accident). Failure to comply with the new regulation could subject stations to liability issues. This Counsel Memo is intended to provide a general overview of the pertinent aspect of this regulation, as well as information about approved vests. Broadcasters should consult their station counsel for additional information.
FHWA Regulations and Definitions
FHWA states that "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" (23 C.F.R. § 634). FHWA has defined the following terms:
- High-visibility Safety Apparel is defined as:
"Personal protective safety clothing … intended to provide conspicuity during both daytime and nighttime usage."
- Workers are defined as:
"People on foot whose duties place them within the right-of-way of a Federal-aid highway, such as highway construction and maintenance forces, survey crews, utility crews, responders to incidents within the highway right-of-way …"
Because FHWA has interpreted "responders" to include members of the media, it will be critical for stations to provide reporters, cameramen and all staff involved in road-side reporting with approved high-visibility vests. The vests must meet ANSI/ISEA 107-2004 Class 2 certification at a minimum, meaning Class 3-certified vests will also be acceptable, while Class 1 vests will not.
Be aware that ANSI 207 vests, which entered the market after publication of this rule, feature only 450 square inches of fluorescent background material instead of the 775 square inches found on ANSI 107 vests. As a result, the 207 vests will not meet the requirement.
Descriptions of Approved High-Visibility Vests
Descriptions and examples of approved high-visibility vests are widely available from various Web sites, including www.cssport.com/ansi.htm, www.safetyline.com, www.tasco-safety.com and www.csshiviz.com (please note that NAB does not endorse any particular vendor, and uses the above-listed Web sites as examples only). The vests are generally available in either orange or lime green and cost between $15 and $35, depending on style and class certification level.
