OSHA, ANSI, and High Visibility Clothing

Does OSHA Require hi-viz clothing for everyone on a jobsite?

Here's my take:

Here is what OSHA says in the applicable regulation (most recently revised in 2013): (if you click on the numbered link, you will see updated interpretations, and you will see that a limited amount of attention is paid to workers other than flaggers):

1926.201(a)

Flaggers. Signaling by flaggers and the use of flaggers, including warning garments worn by flaggers, shall conform to Part VI of the Manual on Uniform Traffic Control Devices (1988 Edition, Revision 3, or the Millennium Edition), incorporated by reference in Sec. 1926.6.

The Interpretation here offers a little more specificity, but you’ll note that the regulation still refers back to the 2009 or “Millennium” (latest) edition of the MUTCD:

https://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=INTERPRETATIONS&p_id=27155

Here is the referenced section from the 2009 MUTCD (Manual on Uniform Traffic Control Devices)

Section 6E.02 High-Visibility Safety Apparel

Standard:

01 For daytime and nighttime activity, flaggers shall wear high-visibility safety apparel that meets the Performance Class 2 or 3 requirements of the ANSI/ISEA 107–2004 publication entitled "American National Standard for High-Visibility Apparel and Headwear" (see Section 1A.11) and labeled as meeting the ANSI 107-2004 standard performance for Class 2 or 3 risk exposure. The apparel background (outer) material color shall be fluorescent orange-red, fluorescent yellow-green, or a combination of the two as defined in the ANSI standard. The retroreflective material shall be orange, yellow, white, silver, yellow-green, or a fluorescent version of these colors, and shall be visible at a minimum distance of 1,000 feet. The retroreflective safety apparel shall be designed to clearly identify the wearer as a person.

So the 2009 MUTCD refers to the 2004 ANSI standard – those are the sets of workwear what would be specifically applicable and enforceable by OSHA.

However, there are ANSI updates as recently as 2010, then 2015.

This is a good article on all of the latest ANSI designations:

https://www.reflectiveapparel.com/ansi-isea-107-2015.aspx

More great Information:

ML Kishigo

ML Kishigo FAQs

For all intents and purposes, the general requirement for “everyone”, according to the latest ANSI standard (with the exception of the site contractor, who would likely be held to a higher standard) outside on site would fall under this designation:

ANSI 107-2015 Type O – 2015 ANSI Standard

Use this link for a good discussion:

https://modelapparel.com/ansi-107-type-o-classification/

The 2015 ANSI standard is not a regulation, and not enforceable by OSHA, but compliance is not a bad idea, as overall onsite visibility can be an issue.

The biggest challenge is addressing the issue with “inside” trades who have a very limited exposure to exterior traffic – typically, but not always, limited to trips from parking to building, building to break or outhouse, parking lot at the end of the day, etc... Add to that the fact that one trade may start at 5:30am, and another at 7, or there may be multiple shifts, and you can begin to see the complexity…In many (but not all, of course) cases, these exposures could be limited or eliminated by clearly defined and protected walkways.

Another challenge is those workers who may not be immediately exposed to onsite traffic, such as those working from lifts on the fa?ade of the building – again, less of an issue if there is positive separation from heavy site equipment and delivery vehicles, but still a potential problem as the lifts move, etc. Consider the fact that rough terrain forklifts frequently access the building quite closely, it can all get very convoluted.

All that being said, another thing to consider is the specter of liability claims that may cause a deeper dive into what constitutes “safety” – OSHA compliance, or best practices and what the standard of care may have become over time. That is an ongoing challenge in lawsuits throughout the country.

In conclusion – Hi-Viz is required by OSHA under a 2013 revision to the regulations, but only for employees typically “exposed to moving traffic”. The designations of various exposures and garment types have been more recently revised to reflect (no pun intended), proven technology and visibility issues in highway workzones, as well as addressing other common “traffic” (pedestrian AND roadway) related exposures. So it’s a good idea to adopt the most recent ANSI requirements – but it would be a contractual and programmatic requirement, not regulatory.

More great Information:

ML Kishigo

ML Kishigo FAQs

@justin krook @edward marquardt