FHWA Rule Requires First Responders to Wear Reflective Vests 

December 5, 2008 – The U.S. Federal Highway Administration (FHWA) has reviewed the requirements of the American National Standard for High-Visibility Public Safety Vests (ANSI/ISEA) and found that public safety vests meeting this standard are compatible with its requirements for night-time visibility.

Effective November 24, 2008, all fire fighters, emergency medical personnel, law enforcement and other pubic safety workers operating in a federal highway right-of-way are required to wear high-visibility clothing that complies with Class II or III requirements of the American National Standard for High-Visibility Safety Apparel and Headwear (ANSI/ISEA).

The minimum requirements for ANSI/ISEA-compliant garments include use of fluorescent yellow-green, orange-red or red background material with 360 degree retro reflective visibility. Garments should be labeled as compliant with ANSI/ISEA 107-2004 or ANSI/ISEA 207-2006.

In addition, A February 2008 FHWA letter notes that the agency has proposed amendments to the Manual on Uniform Traffic Control Devices (MUTCD) to "add public safety vests” as an option for fire fighters, emergency medical and law enforcement personnel. This public safety standard includes basic requirements --  such as vest dimensions, color and materials performance -- but also incorporates criteria for special features for fire, emergency medical and law enforcement services. The vest design criteria reflect the specific needs of public safety workers, such as the need to access belt-mounted equipment and the ability for vests to tear away from the body. The standard also recognizes the need for some public safety entities to identify with a specific color or through the use of specific color markings.

On November 21, 2008, the FHWA issued an interim final rule revising the Worker Visibility Rule (23CFR 634) to create an exemption for the fire fighting community. This interim final rule allows fire fighters 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 or hazardous materials to wear retro-reflective protective clothing gear that is specified and regulated by other organizations, such as the National Fire Protection Association or OSHA.

Fire fighters and other emergency responders working within the right-of-way of a federal-aid highway and engaged in any other type of operations will wear high-visibility safety apparel as defined in this rule. In other words, when fighting a car fire or a structural fire that is adjacent to or on a highway, the reflective properties of NFPA 1971-compliant turnouts is sufficient. In all other instances, fire fighters or other emergency responders are now required to wear reflective vests when responding to emergencies on highways.

The FHWA issued this interim final rule, published in the Federal Register, to address safety concerns raised by the fire fighting community.