Interim Rule – High Visibility Safety Apparel
On June 15, 2009 Congress formally adopted changes to 23 CFR 634, the Worker Visibility rule. The following clips from the register outline the amended ruling:  

Workers means 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; firefighters and other emergency responders when they are not directly exposed to flame, fire, heat, and/or hazardous materials; and law enforcement personnel when directing traffic, investigating crashes, and handling lane closures, obstructed roadways, and disasters within the right-of-way of a Federal-aid highway.

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 retro reflective 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.

For full version of 23 CFR 634 please visit the Electronic Code of Federal Regulations page at http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=f6b17909e6abaaa86a7dc507a5e9af5e&rgn=div5&view=text&node=23:1.0.1.7.23&idno=23