Positive Protection are measures “between workers and motorized traffic”
which
“contain and/or redirect vehicles"
and meet applicable
crashworthiness criteria
.
1,
2
Positive Protection may include highly mobile barrier, movable and temporary steel barrier, movable concrete barrier, traditional concrete barrier, associated cushions, and other strategies to avoid traffic accidents in work zones including full road closure.
3
Mobile and other movable barriers enable field crews to quickly create work spaces that are physically separated from moving traffic and quickly removed from the roadway once the work is completed.
.
"We have the technology and 'know how' to build our roadway system to anticipate user error. It can be designed, constructed, equipped, and operated to forgive the errant user and protect the innocent victim."
"We have the technology and 'know how' to build our roadway system to anticipate user error. It can be designed, constructed, equipped, and operated to forgive the errant user and protect the innocent victim."
.
Examples of Positive Protection Devices
Innovative types of highway barrier such as Mobile Barriers, Movable, & Temporary Barriers are enabling managers to accelerate highway projects, physically separate moving traffic and workers, minimize workzone footprints, and provide practical cost effective work zone safety.
Benefits vary by product and application. For example, California research found a cost benefit for highly mobile barrier of $1.9 million per year, per barrier in 2008 ($2.72 million in 2023 dollars).
14
Commonly cited benefits of using Positive Protection include:
Safeguarding Workers Against Intrusions
Reducing Project Duration & Cost
Maximizing Roadway Capacity
Increasing Productivity with Onboard Tools and Supplies
Increasing Efficiency/Saving Time
Increasing Employee Retention
Decreasing Liability, and Damages
Reducing Risk and Exposure to Dangers of Live Work Zone
Highly Mobile Barrier
Mobile Barriers MBT-1® is a highly mobile traffic barrier system for incident response & work zone safety. The mobility of the MBT-1® allows rapid work zone setup/removal and enables managers to reduce project duration & cost, schedule around peak traffic hours, and minimize roadway congestion.
The versatile MBT-1® integrates equipment & supplies for comprehensive on-site logistics with 85,000 lbs (38500 kg) GVWR carry capacity, integrated crane & heavy lifting capabilities, generator, high lumen work lights, TMA, electronic signage, and more. Tested and accepted under NCHRP 350 & MASH for TL-2 and TL-3 usage.
Highly Mobile Barrier
Mobile Barriers MBT-1® is a highly mobile traffic barrier system for incident response & work zone safety. The mobility of the MBT-1® allows rapid work zone setup/removal and enables managers to reduce project duration & cost, schedule around peak traffic hours, and minimize roadway congestion.
The versatile MBT-1® integrates equipment & supplies for comprehensive on-site logistics with 85,000 lbs (38500 kg) GVWR carry capacity, integrated crane & heavy lifting capabilities, generator, high lumen work lights, TMA, electronic signage, and more. Tested and accepted under NCHRP 350 & MASH for TL-2 and TL-3 usage.
Moveable Concrete Barrier
Lindsay Transportation Solutions QMB Zipper: The Road Zipper System is designed to increase capacity and reduce congestion by making more efficient use of new or existing roadways. This technology is used for managed lanes and construction applications to create safe, dynamic highways that offer
real-time roadway reconfiguration
while maintaining positive barrier protection between lanes. The Road Zipper System can be used to move barrier from one side of a lane to the other to create work space and reopen lanes again to restore capacity.
Moveable Concrete Barrier
Lindsay Transportation Solutions QMB Zipper: The Road Zipper System is designed to increase capacity and reduce congestion by making more efficient use of new or existing roadways. This technology is used for managed lanes and construction applications to create safe, dynamic highways that offer
real-time roadway reconfiguration
while maintaining positive barrier protection between lanes. The Road Zipper System can be used to move barrier from one side of a lane to the other to create work space and reopen lanes again to restore capacity.
Moveable Steel Barrier
Valtir's Vulcan® moveable steel barrier is comprised of lightweight, galvanized steel segments that offers
real-time roadway reconfiguration.
It is tested to NCHRP Report 350 Test Level 3 and Test Level 4, and EN1317 H2 and N2 specifications. The Vulcan® Moveable Barrier is designed for easier movement with the Vulcan® Transfer Attachment (VTA) when connected to a skid steer or front end loader. The VTA is also designed to help the operator work from either side of the barrier.
Moveable Steel Barrier
Valtir's Vulcan® moveable steel barrier is comprised of lightweight, galvanized steel segments that offers
real-time roadway reconfiguration.
It is tested to NCHRP Report 350 Test Level 3 and Test Level 4, and EN1317 H2 and N2 specifications. The Vulcan® Moveable Barrier is designed for easier movement with the Vulcan® Transfer Attachment (VTA) when connected to a skid steer or front end loader. The VTA is also designed to help the operator work from either side of the barrier.
Temporary Steel Barrier
Hill & Smith Zoneguard® temporary steel barrier, offers the road construction industry a revolutionary temporary barrier solution that provides superior protection. A cost-effective alternative to traditional concrete barrier, Zoneguard’s lightweight configuration allows 750 feet to be hauled on one truck and up to 1500 feet to be installed in one hour. Zoneguard’s low weight does not affect its performance, as it meets both NCHRP 350 (TL-3 & TL-4) and MASH (TL-3) crash test standards.
Temporary Steel Barrier
Hill & Smith Zoneguard® temporary steel barrier, offers the road construction industry a revolutionary temporary barrier solution that provides superior protection. A cost-effective alternative to traditional concrete barrier, Zoneguard’s lightweight configuration allows 750 feet to be hauled on one truck and up to 1500 feet to be installed in one hour. Zoneguard’s low weight does not affect its performance, as it meets both NCHRP 350 (TL-3 & TL-4) and MASH (TL-3) crash test standards.
Traditional Temporary Concrete Barrier (TCB)
Traditional concrete K-rail or Jersey barrier is generally considered a device for use on long term projects and requires heavy equipment to install, move, and remove. Commonly cited challenges of using traditional concrete barrier are the time necessary to install and remove, the risk of doing so in live traffic, and the associated impracticallity of using it for short term projects and/or where it is desirable to reopen lanes for rush hour traffic.
Traditional Temporary Concrete Barrier (TCB)
Traditional concrete K-rail or Jersey barrier is generally considered a device for use on long term projects and requires heavy equipment to install, move, and remove. Commonly cited challenges of using traditional concrete barrier are the time necessary to install and remove, the risk of doing so in live traffic, and the associated impracticallity of using it for short term projects and/or where it is desirable to reopen lanes for rush hour traffic.
.
What are the Benefits of Positive Protection?
Improved road-user and worker safety is a proven benefit from using positive protection. New types of positive protection barriers can be used to meet regulations and standards, physically separate moving traffic and workers, and provide practical cost-effective work zone safety.
Cost Benefits
California research found a cost benefit for highly mobile barrier of $1.9 million per year, per barrier in 2008 ($2.72 million in 2023 dollars).
14
In 2021, USDOT set the value of a single life (VSL) at $11.8 million dollars.13,
37
When comparing the cost of the life of a worker to positive protection's cost and 20 year expected term of use, the annual cost of using positive protection is minimal. Over 20 years of use, the barrier will most likely save one or more lives and help avoid even more injuries, accidents, and delays.
Commonly Cited Benefits
Benefits vary by product and application. Commonly cited benefits of using positive protection include:
Safeguarding Workers Against Intrusions
Increasing Worker Focus on Tasks
Reducing Setup
Increasing Productivity with Onboard Tools and Supplies
Increasing Efficiency/Saving Time
Increasing Employee Retention
Decreasing Liability and Damages
Reducing Risk and Exposure to Dangers of Live Work Zone
Positive protection benefits workers & the traveling public by both improving safety and mobility in and around work zones.
Truck or Trailer Mounted Attenuators (TMA) and warning devices (rumble strips, alarms, etc.) help but also permit motorists to veer around these devices and swerve back into the work zone. At 50 mph, errant drivers may have less than 1 second to realize and correct their mistakes. In an analysis of impacts in one work zone location, 30-40% of the incidents involved direct rear impacts, and 60-70% of the incidents involved lateral incursions (with relatively tight TMA spacing).15
Drivers make mistakes but mistakes need not be catastrophic – for drivers, workers, or others.
Positive Protection physically separates workers and motorists. Barriers are designed to prevent logitudinal and lateral crashes into work zone zones. Barriers help drivers better focus on the road ahead and help reduce the severity of mistakes and accidents. In many cases, errant drivers can regain control and continue on their way.
Extended lane closures with low work activity contribute to driver frustration. Traditional practices of taking buffer lanes are not needed and are becoming impractical with increasing traffic volumes. Positive protection helps reduce the number and duration of lane closures. Work and associated protection can be focused in one or more specific areas.
The highly mobile and movable types of barriers are designed to help reopen the roadway quickly to restore capacity. Roadways can be reopened daily to ease rush hour traffic otherwise congested behind work zones. Reducing congestion benefits both motorists & workers. Speed variance (i.e. congestion/slowdowns) is a significant contributor to accidents in and around work zones. Those accidents may cause additional crashes and/or spill over into work zones. Addressing congestion with positive protection can benefit workers, the public, and commerce by reducing accidents, injuries, fatalities, risk, delay, and interruption. These combined considerations accounted for much of the $1.9 million savings per highly mobile barrier per year found by California DOT research.
14
Case Study: California Bridge Project
3 year/$150-200 million project.
3x mobile barriers:
10-20% time savings per night.
Lanes reopen daily.
1x movable barrier:
Lane shifts improve traffic flow.
Benefits:
Reduced project duration & cost.
Optimal traffic flows.
An ongoing project in California illustrates even greater potential savings on projects and benefits for the public. Highly mobile barriers are saving an estimated 1-2 hours per night on setup/removal (a 10-20% savings in time and potential project duration). In one closed lane, they are using three barriers to work at different spots along that lane. On a three-year, $150-200 million project, that amounts to substantial reduction in project duration and cost. For the public, benefits are increased even further by shifting lanes around the work zone using movable concrete barrier. Used together, the highly mobile and movable barriers better maintain traffic flows and reduce overall project duration.
.
Work Zone Fatalities, Injuries, & Crashes
Between 2013 and 2022, work zone fatalities increased 50 percent. In 2022, over 891 work zone fatalities were recorded.
9
Stated another way, 891 work zone fatalities is the equivalent of 5 commercial domestic airliners.
In 2021, over 105,000 work zone crashes were estimated to have occured resulting in over 42,000 injuries. 8,
Stated another way, 42,000 injuries is about the capacity of a football stadium.
Damages and losses from work zone crashes are estimated to reach over $38.9 billion annually (2025 dollars, comprehensive crash costs).28,29,43
Cost savings from reducing the number crashes by implementing Positive Protection & barrier separation in work zones can be estimated at over $3.8-$8.9 billion annually (10%-23% of work zone crash costs, 2025 dollars).
42
Stated another way, $3.8 to $8.9 billion in annual cost savings is equivalent to 7 to 17 transportation "Major Projects".
47
In 2020, during the COVID-19 pandemic, work zone crashes & fatalities climbed despite lower traffic volumes.
20,
21,
22,
23,
32,
33
For the first half of 2021, USDOT estimated another 18.4% surge in traffic fatalities over 2020 and the largest number of traffic fatalities since 2006.
35
In 2021, TxDOT reported that work zone fatalities in fact surged 33%.
36
For the first quarter of 2022, USDOT estimated a record increase in fatalities nationwide.
38
In early 2024, the Governor's Highway Safety Association (GHSA) found that the U.S. pedestrian fatality rate has jumped 48% from a decade ago.
34
Highway Maintenance workers died on the job 3.7 times more often than the average American worker & 19 times more often than Engineering & Office/Administrative workers.
39,40
"In 2015, 35 percent of all highway worker fatalities at road construction sites resulted from a vehicle striking a worker. By 2021, this alarming figure had increased to 63 percent" notes Laborers' Health & Safety Fund of North America (LHSFNA).
44
Tunnel, culvert, bridge repair work zones, etc. are known to be especially hazardous with high-speed traffic moving in close proximity to employees, roadside hazards, and/or little or no means for employees to escape from errant vehicles. The serious hazards faced by highway workers along our roadways, who are among the most
"Vulnerable Road Users",
highlights the need for Positive Protection & barrier separation in work zones.
More motorists and road workers are being killed or injured in preventable work zone crashes. In a 2022 survey, most highway contractors (64%) reported crashes into their work zones. In an earlier survey, 89% of highway contractors think Positive Protection would help improve safety and prevent these horrific crashes.
38,
4
Speaking up about work zone safety issues could reduce risk & save a life.
The rising number of accidents, injuries, and fatalities further highlight the imperative for Positive Protection. In 2015, Congress directed FHWA to "do all within its power to protect workers in highway work zones."
45
Federal law and ANSI standards identify types of projects that need Positive Protection. For such projects, a “separate pay item” for positive protection is required under federal law and regulations.
1,
11
The Infrastructure Investment and Jobs Act of 2021 (IIJA) amends the Highway Safety Improvement Program (HSIP) to increase funding & protection for
"Vulnerable Road Users",
which includes "highway workers on foot".
41
In 2021, USDOT set the value of a single life (VSL) at $11.8 million dollars.13,
37
California research found a cost benefit for highly mobile barrier of $1.9 million per year, per barrier in 2008 ($2.87 million in 2025 dollars).
14
"If a work zone has 'no means of escape' from motorized traffic, then no operating speed is truly safe. An unprotected worker who cannot escape faces serious injury from motor vehicles at any speed, even walking speeds... One study cited by FHWA show[ed] that the risk of a pedestrian crash fatality reaches 45% at 30 mph and 85% at 40 mph, and another study estimat[ed] that pedestrians have less than a 50% chance of surviving a crash with a vehicle traveling 30 mph or above... The risks posed to road workers will likely further increase as the size of vehicles in the U.S. continues to grow larger. According to a recent Insurance Institute for Highway Safety (“IIHS”) study, the average U.S. passenger vehicle has grown 4 inches wider, 10 inches longer, 8 inches taller, and 1,000 pounds heavier over the past 30 years. Significantly, the IIHS study found that vehicles with higher front ends (pickup trucks, SUVs and vans with a hood height greater than 40 inches) were 44% to 45% more likely to cause fatalities in crashes with pedestrians than smaller cars and trucks.
"
"It's as if we were living through a war... When it comes to roadway deaths, we have a crisis that’s urgent, unacceptable - and preventable."
"Blaming human error alone is convenient, but it places all Americans in greater danger."
"Motorists will inevitably make mistakes. Too often they pay for their
mistakes with their lives – or the lives of innocent bystanders....
We have the technology and 'know how' to build our roadway system to anticipate user error. It can be designed, constructed, equipped, and operated to forgive the errant user and protect the innocent victim."
"There must be considerable ethical blindness when loss of life is somehow considered an acceptable risk... Ultimately, the deciders, those who are taking the risk of other people's lives in their own hands, have the responsibility of not risking other people's lives... When we do take steps that minimize risk, we should not consider these steps to be 'managing' risk, but rather as steps that reduce the consequences of risk."
"We have the technology and 'know how' to build our roadway system to anticipate user error. It can be designed, constructed, equipped, and operated to forgive the errant user and protect the innocent victim."
2022 Contractor Reported Work Zone Crashes, Project Delays, Injuries, & Fatalities
The Associated General Contractors of America's (AGC) 2024 nationwide study on highway work zone safety reveals that 64% of highway contractors reported work zone crashes over the last year. As a result of these work zone crashes, 55% of firms reported project delays, 9% reported worker fatalities, 29% reported worker injuries, 24% reported public fatalities, and 66% reported public injuries. 97% of highway contractors also reported that the risk of highway work zone crashes is as great or greater than a year ago.
46
In 2024, 64% of Highway Contractors Reported Crashes into their Construction Work Zones
AGC Study - Outcomes of Work Zone Crashes
46
(Mouseover data points for details.)
The number of crashes in work zones and injuries resulting from those crashes has been increasing.
In 2021, an estimated 105,000 crashes and 42,000 injuries were estimated to have occurred in work zones.
Estimated Work Zone Crashes and Resulting Injuries*
*
Estimated Work Zone Crashes & Injuries Data are obtained from NHTSA statistical models (NASS/GES & CRSS). The NHTSA statistical models underestimate work zone crash fatalities by as much as 64% in 2019 (see Table 1 below). In general, the NHTSA FARS & CRSS crash report datasets underreport work zone crashes as well as resulting injuries and fatalities (see note †).
Table 1. NHTSA CRSS Statistical Model Percent Error:
Work zone crash fatalities have been on the rise nationally.
50% increase in fatalities since 2013.
Fatalities Resulting from Work Zone Crashes†
†
In general, the NHTSA FARS & GES/CRSS crash report datasets underreport work zone crashes as well as resulting injuries and fatalities.
The statistic for fatalities resulting from work zone crashes is obtained from NHTSA FARS dataset which attempts to aggregate various state police crash report datasets.
However, crashes occurring inside work zones are not always properly classified by police as work zone related.
In 2018, there were 122 cases of pedestrians killed as a result of a work zone crash.9 Work zone pedestrian fatalities are often assumed to be members of the public who have fallen into complacency walking a routine route. However, in 2018, 38% of pedestrian fatalities in work zones were actually on the job and primarily engaged in road work, utility work, and planning/surveying.
Work activities at the time of death include activities such as installing traffic signs, reopening a lane, flagging, picking up debris, replacing damaged concrete, paving operations, exiting a work vehicle, utility work, construction labor, DOT electrical work, DOT maintenance work, fence contracting, repairing guardrail, stringing cable guard rail, and repairing a bridge.
Activity: Many Pedestrian Fatalities in Work Zones occurred while working (38%, 46 of 122).
Work Activity: The majority of Working Pedestrian Fatalities in Work Zones were engaged in road work, utility work, planning/surveying (87%, 40 of 46 Working Pedestrians).
Work Hazard: The majority of Working Pedestrian Fatalities in Work Zones were killed by motorist incursions (80%, 37 of 46 Working Pedestrians)
Location: Few Pedestrian Fatalities in Work Zones occurred at/near intersections (15%, 18 of 122).
38% of Pedestrian Work Zone Fatalities occured while working.
Primary Activity of the 122 Pedestrian Work Zone Fatalities (2018)
87% of Working Pedestrians were engaged in Road Work, Utility Work, or Planning/Surveying.
Work Activity of the 46 Working Pedestrians in Work Zones (2018)
Road Work activities at the time of death include activities such as installing traffic signs, reopening a lane, flagging, picking up debris, replacing damaged concrete, paving operations, exiting a work vehicle, utility work, construction labor, DOT electrical work, DOT maintenance work, fence contracting, repairing guardrail, stringing cable guard rail, and repairing a bridge.
.
When is Positive Protection Appropriate?
Federal Law & Standards
2005 - Congress calls for Positive Protection
Under section 1110 of SAFETEA-LU, Congress enacted 23 USC 109(e)(2) and 112(g) which call for positive protection “between workers and motorized traffic".
FHWA adopted Subpart K (23 CFR 630.1102 et seq.) pursuant to the mandate in SAFETEA-LU. 23 CFR 630.1108(a) of Subpart K lists
5 circumstances
under which practitioners need to (“shall”) consider use of positive protection.
2010 - ANSI establishes National Standard for Work Zone Safety
ANSI Standard A10.47 (§4.4) provides that positive protection “shall be considered” in, at minimum, the
5 circumstances
.
2021 - ANSI updates National Standard for Work Zone Safety
ANSI Standard A10.47-2021 (§4.4) provides that positive protection “shall be used” in, at minimum, the
5 circumstances
.
Federal Law
The statutes and underlying regulations, read together, call for positive protection (barrier) “between workers and motorized traffic” which “contain and/or redirect” errant vehicles and meet applicable
crashworthiness criteria
.
1
,
2
Circumstances under which positive protection needs to ("shall") be considered:
“At a minimum, positive protection devices shall be considered in work zone situations that place workers at increased risk from motorized traffic, and where positive protection devices offer the highest potential for increased safety for workers and road users, such as:
Work zones that provide workers no means of escape from motorized traffic (e.g., tunnels, bridges, etc.);
Long duration work zones (e.g., two weeks or more) resulting in substantial worker exposure to motorized traffic;
Projects with high anticipated operating speeds (e.g., 45 mph or greater), especially when combined with high traffic volumes;
Work operations that place workers close to travel lanes open to traffic; and
Roadside hazards, such as drop-offs or unfinished bridge decks, that will remain in place overnight or longer."
10
Separate Pay Items:
Federal statutes require a “separate pay item” for positive protection.
1
,
11
ANSI Standards
ANSI Standard A10.47-2021 (§4.4) likewise provides that positive protection measures “shall be used (unless determined unnecessary)” when any of the following exist:
Work zones that provide employees no means of escape (e.g. tunnels, bridges, etc.) from external motorized traffic intruding into the work space.
Long duration work zones (e.g. two weeks or more) resulting in substantial employee exposure to motorized traffic.
Projects with high anticipated operating speeds (e.g. ≥ 45 mph, 72 km/h) especially when combined with high traffic volumes (> 20,000 vehicles per day).
Work operations that place workers within one lane width to travel lanes open to traffic.
Roadside hazards, such as drop-offs or unfinished bridge decks, that will remain in place overnight or longer.
ANSI Standard A10.47-2021 further notes that there might be other circumstances not listed that merit the use of positive protection.
ANSI Standard A10.47-2021 (§4.4.1) also notes that "positive protection may only be determined unnecessary if":
There is a written analysis by the project sponsor supporting such a conclusion,
And the project is outside an urban area,
And the average daily traffic load of applicable road is less than 100 vehicles per hour.
.
Funding for Positive Protection
What Federal Funding is Available for Positive Protection?
The Infrastructure Investment and Jobs Act of 2021 (IIJA) amends the Highway Safety Improvement Program (HSIP) to increase funding & protection for
"Vulnerable Road Users",
which includes "highway workers on foot".
FHWA recently clarified that States can now use federal funds to acquire Mobile Barriers MBT-1 and other construction and safety equipment. States can use NHPP, STBGP or HSIP funds (e.g. leftover or otherwise available funds from most projects). States may find it advantageous to first transfer funds from NHPP or STBGP to HSIP under 23 U.S.C. 126, and then purchase barriers under the HSIP program. Barriers purchased under the HSIP program can be used for maintenance & construction on federal & state roads. The State share under HSIP is 10% (federal funds can be used for 90% of the purchase). The FHWA also clarified that States can directly purchase barriers (i.e. they do not have to purchase them through separate projects).
How Can Contractors Obtain & Use Positive Protection?
Contractors have options on how to pay for and use positive protection. Options vary for different products. As one example, Mobile Barriers MBT-1 are available to buy, lease or rent.
Federal law and the national standards identify types of projects that need positive protection. For such projects, a “separate pay item” for positive protection is required under federal law and regulations.
1,
11
Contractors can urge States to include positive protection in their plans. States can spec in a separate pay item for positive protection, or otherwise, purchase it for their employees and contractors to use on these types of projects.
State personnel may not be aware of the recent changes in federal policy and may not realize they can directly purchase the barriers or that they can take the barriers back at the end of the contract for future use. Traditionally, that has not typically been allowed.
Under the new FHWA policy, states can directly purchase or spec-in and reclaim Mobile Barriers MBT-1 and other safety and construction equipment for use by their crews and contractors.
States can buy positive protection barriers directly, then allow their crews and/or winning contractors use them (i.e. buy and provide). Direct purchases are specifically allowed under the new FHWA policy.
States can spec in barriers, allow winning contractors to use them, and then the States can take ownership and possession at the end of the term. This allows all bidders to include them and later transfers the barriers back to the state for its own use and/or for use on the next contract.
States can spec in barriers, then allow winning contractors to rent or buy them at the end of the term.
September 27, 2019... This week, the Federal Highway Administration has formally lifted a 103-year-old regulation that has banned the use of patented or proprietary materials in Federal-aid highway projects.
"Executive Summary: The FHWA is revising its regulations at 23 CFR 635.411 to provide greater
flexibility for States to use patented or proprietary materials in Federal-aid highway
projects. Based on a century-old Federal requirement, the outdated requirements in 23
CFR 635.411(a)-(e) are being rescinded to encourage innovation in the development of
highway transportation technology and methods.
As a result, State Departments of
Transportation (State DOTs) will no longer be required to provide certifications, make
public interest findings, or develop research or experimental work plans to use patented
or proprietary products in Federal-aid projects. Federal funds participation will no longer
be restricted when State DOTs specify a trade name for approval in Federal-aid contracts.
In addition, Federal-aid participation will no longer be restricted when a State DOT
specifies patented or proprietary materials in design-build Request-for-Proposal
documents."
"This much-needed update of a century-old, obsolete rule will benefit state transportation infrastructure projects and save millions of taxpayer dollars," said U.S. Transportation Secretary Elaine Chao.
FHWA Administrator Nicole Nason added "This final rule promotes innovation by empowering states to choose which state-of-the-art materials, tools, and products best meet their needs for the construction and upkeep of America’s transportation infrastructure."
"As the number of deaths in our work zones steadily increases year after year, states are challenged with new ways of keeping workers safe. The repeal of the proprietary product rule will help considerably.
'One example of a safety device that protects the workers that isn't currently being used as much as it should be due to this proprietary rule is a mobile barrier,' [former U.S. Secretary of Transportation James Burnley] says . 'Instead of state DOT's having to use cones, which are basically worthless in terms of protection, these are moveable barriers that are mounted on truck wheels that can be driven up to a work zone and hooked together to extend the work zone. They create a 5-ft. stainless steel walls that is an impenetrable barrier that protects the workers and their use is being inhibited due to this rule. As a practical matter, it's basically impossible for states to use federal aid to purchase these products without going through a lot of steps and delay to get approval,' Burnley adds.
...'Repeal of the Proprietary Rule liberates state DOT’s to use their own procurement procedures to acquire innovative products that will enhance safety, reduce congestion and enhance the resilience of our highways,' Burnley says."
8 Estimated Total Crashes & Injuries Data: 2013-2015 data from NHTSA National Automotive Sampling General Estimates System (NASS/GES). NHTSA retired NASS/GES at the end of 2015. 2016-2021 data from NHTSA's replacement Crash Report Sampling System (CRSS).
9 Fatalities Data: NHTSA Fatality Analysis Reporting System (FARS) Encyclopedia. 2022 is the last year with available data.
29"Crash Costs for Highway Safety Analysis", FHWA-SA-17-071
"Economic costs (a.k.a., human capital costs) are the monetary impacts of crashes including goods and services related to the crash response, property damage, and medical costs...Comprehensive crash costs (a.k.a., societal crash costs) are the combination of tangible impacts (i.e., economic costs) and the monetized pain and suffering (i.e., QALY). Comprehensive costs are meant to capture all the impacts that result from crashes...It is critical to account for the comprehensive costs of crashes."
38 NHTSA Early Estimates Show Record Increase in Fatalities Nationwide
, USDOT, August 17, 2022.
"NHTSA estimates that 9,560 people died in motor vehicle traffic crashes in the first quarter of 2022. This is an increase of about 7% as compared to the 8,935 fatalities projected for the same quarter in 2021. This would be the highest number of first-quarter fatalities since 2002."
40Forbes, "Fatal Employment: Men 10 Time More Likely Than Women to Be Killed at Work", Dec 19, 2018. The national average was 3.5 workplace fatalities per 100,000 full-time worker equivalents (FTE). Architecture and engineering occupations had had a fatality rate of 0.7 fatalities per 100,000 full-time equivalent (FTE) workers. Office and administrative support occupations had a fatality rate of 0.6 fatalities per 100,000 full-time equivalent (FTE) workers.
41
“Vulnerable Road Users” as defined in the Infrastructure Investment and Jobs Act (IIJA or BIL) includes road construction workers and people working on foot on or along our roadways. Sec. 11111 amends the Highway Safety Improvement Program (HSIP) to increase funding & protection for "Vulnerable Road Users".
FHWA Guidance "Vulnerable Road User Safety Assessment Guidance" published October 21, 2022 states that
"A vulnerable road user is a nonmotorist with a fatality analysis reporting system (FARS)
person attribute code for pedestrian, bicyclist, other cyclist, and person on personal conveyance
or an injured person that is, or is equivalent to, a pedestrian or pedalcyclist as defined in the
ANSI D16.1-2007. (See 23 U.S.C. 148(a)(15) and 23 CFR 490.205). A vulnerable road user may
include people walking, biking, or rolling. Please note that a vulnerable road user:
• Includes a highway worker on foot in a work zone, given they are considered a
pedestrian.
• Does not include a motorcyclist."
43"The Economic and Societal Impact of Motor Vehicle Crashes, 2019
(Revised)", DOT HS 813 403 Nationally, Comprehensive Costs for 33,244 fatal crashes "which includes both economic impacts and valuation for lost quality-of-life, was $1.37 trillion in 2019". Comprehensive Costs "represent
the value of the total societal harm that results from traffic crashes". In 2019, there were 765 fatal work zone crashes (2.301% of all fatal crashes) resulting in an estimated $31.5 billion (2019 dollars) in comprehensive costs. Adjusted for inflation, comprehensive costs of work zone crashes are estimated at over $38.9 billion in 2025 dollars.
44 Laborers Health & Safety Fund of North America - Comments on FHWA-2022-0017-0016, November 19, 2023. Available at: https://www.regulations.gov/comment/FHWA-2022-0017-0016 "In 2015, 35 percent of all highway worker fatalities at road construction sites resulted from a vehicle striking a worker. By 2021, this alarming figure had increased to 63 percent... The heightened risks underscore the specific vulnerability of highway workers, a concern acknowledged by Congress through the categorization of pedestrians, inclusive of workers operating on or along roadways, as Vulnerable Road Users (VRUs) in the BIL. This legislative move amended the Highway Safety Improvement Program to incorporate safeguards for VRUs. The DOT similarly recognizes highway workers as among the most vulnerable in its 2022 VRU Safety Assessment Guidance. The FHWA urges states and other funding recipients to prioritize safety for VRUs in all federal highway investments and relevant projects."
47"Major Projects", FHWA. Prior to the enactment of SAFETEA-LU in August 2005, projects with over $1 billion in construction costs were designated as "Mega Projects". SAFETEA-LU lowered the monetary threshold from an estimated total cost of $1 billion to $500 million or greater, and the term "Mega Project" has since been eliminated and replaced with the term "Major Project".
