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FHWA finalizes roadside vest firefighting exemption

By FireRescue1 Staff

An interim rule exempting firefighters from having to wear high-visibility vests while engaged in direct firefighting operations on highways has been made permanent.

The decision follows campaigning initiated by the Emergency Responder Safety Institute to provide an official exemption for firefighters and other responders from wearing the vests when directly exposed to fire, flame, heat or hazardous materials.

It suggested that the Federal Highway Administration should allow firefighters to wear turnout gear that complies with NFPA standards when fighting fires.

Proposed updates to the FHWA’s Worker Visibility Rule (23CFR 634) last summer initially would have required all first responders to wear high-visibility safety vests any time they operate near a roadway.

It took effect in November, but included an interim rule exempting the fire service in response to concerns voiced by several organizations, including the ERSI.

The highway administration published a notice of “Final Rule” last month that adopts the interim rule as permanent.

The final version of Rule 634.3 states, “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. Firefighters or other emergency responders working within the right-of-way of a Federal-aid highway and engaged in emergency operations that directly expose them to flame, fire, heat,and/or hazardous materials may wear retroreflective turn-out gear that is specified and regulated by other organizations, such as the National Fire Protection Association. Firefighters or other emergency responders working within the right-of-way of a Federal-aid highway and engaged in any other types of operations shall wear high-visibility safety apparel.”