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Federal Law to Require High-Visibility Vests

Law to go into effect Nov. 24


Posted: Wednesday, November 19, 2008
Updated: November 20th, 2008 12:59 PM GMT-05:00

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Courtesy of ResponderSafety.com

On Nov. 24, a federal law goes into effect requiring anyone working along a highway to wear a high-visibility vest.
SUSAN NICOL KYLE
Officer.Com News

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    On Nov. 24, a federal law goes into effect requiring anyone working along a highway to wear a high-visibility vest.

    The regulation is designed to reduce the number of injuries and deaths of responders while on the nation's highways.

    So far this year, at least 50 firefighters, rescue personnel and police officers have been struck while performing duties along the road, according to statistics compiled by officials at ResponderSafety.com.

    "While we try to grab every struck-by, we know we are missing many," said Steve Austin, an official with Cumberland Valley Firemen's Association.

    Austin said it's unfortunate that there is no way to capture a more realistic picture of the problem. "There are probably thousands of injuries annually that no one knows about. That's because there is no central repository."

    His group provides training and resources focusing on placement of vehicles along the road and other aspects of responder safety.

    While wearing high-visibility vests are a good idea, law makers didn't consult fire officials while they were inking the regulations.

    The garments don't meet standards to be worn by personnel actively engaged in firefighting or hazardous materials operations. Some, however, are flame-resistant.

    Officials from the major fire service organizations - IAFC, NVFC, IAFF and Emergency Responder Safety Institute - are working on a document to fix that problem. However, those changes will not be reviewed by federal authorities until next year.

    "We're asking people to use their common sense," he said. "Everyone knows it's dangerous to be operating along a highway."

    As with many federal regulations, there are no penalties involved for those who don't comply. However, the civil liability is paramount.

    "While there won't be someone out there issuing you a ticket for not wearing a vest on a federally supported highway, it's essential that responders obey. It's up to the chief to enforce the rules just as they would any other."

    Austin said the bottom line is to protect responders while they work in a very dangerous environment -- the highway.

    More information about the regulation can be obtained from ResponderSafety.com.


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    Comments

    Posted by Mike in Maine in Northern Maine
    (11/19/08 - 02:20 PM)
    Vest's, safety awareness and simple fix's
    This one is so simple to fix that it is not even funny. You are on a crime scene or a traffic accident scene where you have vehicle's operating. Isin't it common sense to wear something that increases your visibility to vehicle operators ? We have all, by now, had to take Driver's Education either in the Academy (hello EVOC Instructors !!) or in school as a prerequisite for a Driver's Liscense. Part of either School was, or should have been, a practical demonstration, either on paper or on the road, of the term 'blind spot'. The safety vests are supposed to improve on that. State Highway Patrols, State Police and DMV Commercial Vehicle Inspections all know this.

    It is also important that when working these traffic accident's, even in parking lot fender-benders, that the vests need to be worn and that you, as an officer, practice what is probably the most important but under-instructed officer safety skill out there; SITUATIONAL AWARENESS. When you are doing the measurements, drawing the sketch or just interviewing the persons involved, remember that you have more than 1 sense available. Use them ! When was the last time you were doing an FI card, as part of the stop or as a follow-up witness identification and, when looking at the person, you actually looked beyond them to see what was in the background ? Same thing for your hearing, especially at night ? And we all know the 'check in the back seat' process when walking up on a vehicle and smelling the interior for dope or booze. The principle is the same; know and observe not just the immediate surroundings but what is likely to come into it.

    As far as getting the vest's, until a standard is released (and to be safe use the OSHA 1910 or 1920 Standards in the mean time), check with the local Fire Dept, Public Works Dept or your State DOT and use theirs. If nothing else it will give your agency or dept. a place to start from.

    As far as funding for this goes, if nothing else this is almost a slam-dunk for a Grant Writing proposal under either Highway Safety or Occupational Safety positions. I'd bet there is even some DHS money floating around for this one, not to mention from the local municipal or State Insurance carriers.



    Posted by Daren
    (11/19/08 - 04:05 PM)
    Absolutely absurd! As if first responders need a target on them. The last thing I want while working a t/c on a freeway is to have someone staring at me then hitting me. I'm fairly certain everyone has heard the concept; the vehicle goes where the eyes are looking.



    Posted by KPD
    (11/19/08 - 04:35 PM)
    good idea, but sometimes.....
    Though this is a good idea, lets be real here for a moment. How many times will you respond to an accident w/injuries or worse and have to say "Whoa, wait a minute let me find my vest before I can help you while you bleed out and die here." If your going to be on the highway for an extended period of time, yes, but sometimes immediate action is required and you dont have time to put on a vest when seconds count. If people would not be idiots and yield to emergency personel then it would be a little bit safer out there for all of us.



    Posted by KS
    (11/19/08 - 04:53 PM)
    More regulations
    I see in the future a time when police officers can't step out of their vehicle's without being written up for some infraction. Let us all just sign a blank reprimand at the beginning of the shift to cover all the countless regulations they come up with. This was obviously thought out by someone who is not a police officer/fire fighter or does not take calls. In today������������s fast paced world officer may be on a traffic scene one second and then a tactical scene the next. When seconds count in a tactical setting I hope they can find time to take off the big bright vest. Or maybe the same thought process as wearing a tie it can be used as a weapon in ground fighting. Then you have the administration that will use the regulation when needed to write the officers up. There are endless possibilities in a world of endless possibilities. It only takes one of the possibilities to happen for tragedy to strike.

    One last thought, anyone getting tried of the Feds poking their nose into local state affairs? But when they hand out the dollars State officials roll over and play dead to anything the Feds want.



    Posted by Sarge from Michigan in Lansing,Michigan
    (11/19/08 - 05:18 PM)
    Vest Mandate
    Another Federal mandate that is useless!! As stated in an earlier comment "the car goes where the eyes are looking", right at the new reflective, hit me vest. Being in this job for nineteen years, the only first responders I have ever seen hit by a vehicle on a scene, where wearing a reflective vest. Another bad idea thought up by an administer with no real life experience! Thank you Washington for getting more LEO's hit by the DWHUA driver!!!!



    Posted by Segeant Mike in California
    (11/19/08 - 08:05 PM)
    Reflective vests
    Having worked for over 30 years, yes all in the field and most at night, this regulation is one of the most silly things I can think of. Responders need to remain aware of what is going on and not depend on a reflective vest for protection. This protective vest will allow individuals to think they are protected. NOT Common sense is not real common with many non highway aware responders. Many responders think they know best, just because they have a drivers license and drive a response vehicle.



    Posted by Tom
    (11/19/08 - 09:10 PM)
    If you are counting on motorist seeing you to ensure your safety you are barking up the wrong tree. The fact is you could put million candle power strobes on your hat in 7 different colors and some numbnuts would still have his head up his @ss. You have to watch the cars and leave yourself an out. If they rear end your car while your issuing there isn't a lot you can do but when your out of the car you have to watch every car coming and the occupants of the car your dealing with at the time. No high visibility vest is going to change that.



    Posted by Randy in Ohio
    (11/19/08 - 10:23 PM)
    I know that's a great idea of wearing a vest on the roads is a great idea but I can tell from first hand experience that 2 officers one wearing an orange lvl 1 vest and another wearing lvl 2 vest both standing on a road way with lights in the hand and a driver saying they could see them. both had white uniform shirts on under the vests so not to mention what the wonderful stops train we all should have had at one point and the wonderful tactics we were taught to avoid getting shot will trying to work on the roadway and wouldn't that be harder with a nice reflective vest on and don't we have lights on the cars to draw attention to ourselves and find out all to often that some people tend to like to drive toward the nice flashing lights so why would the vest help anymore?



    Posted by Eric Borge in Rochester, NH
    (11/19/08 - 10:30 PM)
    High-Visibility Vests
    This is another classic example of the feds instutiting a law with no teeth behind it. What's the sense of going to the trouble putting this law into effect if it can't be enforced. Why not ask citizens to report failure to comply with the law so that the feds can follow up with the appropriate agency(ies). I don't get it, I just don't get it.



    Posted by Officer in Pennsylvania
    (11/20/08 - 01:17 AM)
    Hi-Viz vest
    The problem with "toothless" federal regulations is that if some dumb driver hits you w\o your fancy vest the driver will cry "I only hit the LEO b\c he was not wearing his vest!" The regs may appear "toothless" but the bite will be felt when it is testified to in civil court. Just my humble opinion in this litigious society









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