States and other agencies shall comply with the provisions of this
Part no later than November 24, 2008



634.1 Purpose.
634.2 Definitions.
634.3 Rule.
634.4 Compliance date.
Authority: 23 U.S.C. 101(a), 109(d), 114(a), 315, and 402(a); Sec. 1402 of Pub. L. 109-59; 23 CFR 1.32; and 49 CFR 1-48(b).


Sec. 634.1 Purpose.

The purpose of the regulations in this part is to decrease the likelihood of worker fatalities or injuries caused by motor vehicles and construction vehicles and equipment while working within the right-of-way on Federal-aid highways.

Sec. 634.2 Definitions.

Close proximity means within the highway right-of-way on Federal-aid highways.


“High-visibility safety apparel means personal protective safety clothing that is intended to provide conspicuity during both daytime and nighttime usage, and that meets the Performance Class 2 or 3 requirements of the ANSI/ISEA 107-2004 publication entitled “American National Standard for High-Visibility Safety Apparel and Headwear.”1


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, 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.


Sec. 634.3 Rule.

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.


Sec. 634.4 Compliance date.

States and other agencies shall comply with the provisions of this
Part no later than November 24, 2008


[FR Doc. E6-19910 Filed 11-22-06; 8:45 am]

1 This publication is incorporated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR Part 51 and is on file at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call (202) 741-6030, or go to It is available for inspection and copying at the Federal Highway Administration,400 Seventh Street, SW., Room 4232, Washington, DC, 20590, as provided in 49 CFR Part 7. This publication is available for purchase from the International Safety Equipment Association (ISEA) at 1901 N. Moore Street, Suite 808, Arlington, VA 22209.



ANSI/ISEA 107-2004
Suggested Performance Class Guidelines and Scenarios

Scenario A: For occupational activities which:

1. Permit full and undivided attention to approaching traffic
2. Provide ample separation of the pedestrian worker from conflicting vehicle traffic
3. Permit optimum conspicuity in backgrounds that are not complex; and where
4. Vehicle and moving equipment speeds not exceeding 25mph.


Examples of pedestrian workers who could work in this class may include:

1. Workers directing vehicle operators to parking services locations
2. Workers retrieving shopping carts from parking areas
3. Those exposed to the hazards of warehouse equipment traffic
4. Roadside “right-of-way” of sidewalk maintenance workers
5. Delivery vehicle drivers.


Suggested Performance Class: 1 typical, 2 under certain conditions.

Scenario B: For occupational activities where risk levels exceed those in Scenario A, such as where:

1. Greater visibility is desired during inclement weather conditions
2. Complex backgrounds are present
3. Employees are performing tasks which divert attention from approaching vehicle traffic
4. Vehicle or moving equipment speeds exceed those in Scenario A
5. Work activities that take place in closer proximity to vehicle traffic


Examples of pedestrian workers in this class may include:

1. Roadway construction workers
2. Utility workers
3. Survey crews
4. Railway workers
5. Forestry workers
6. School crossing guards
7. Parking and/or toll gate personnel
8. Airport baggage handlers/ground crew
9. Emergency response personnel
10. Law enforcement personnel
11. Accident site investigators


Suggested Performance Class: 2 typical, 1 or 3 based upon certain conditions

Scenario C: For occupational activities where risk levels exceed those in Scenario B, such as where:

1. Workers are exposed to significantly higher vehicle speeds and/or reduced sight-distances
2. Workers and vehicle operator have high task loads, clearly placing the worker in danger or
3. Wearer must be conspicuous through the full range of body motions at minimum of 390m (1280 feet), and must be identifiable as a person


Examples of workers in this class may include:

1. Road construction personnel
2. Utility workers
3. Survey crews
4. Emergency response personnel
5. Flagging crews


Suggested Performance Class: 3 or 3 typical based upon certain conditions

NOTE: It is the intention of these Performance Class Guidelines and Scenarios to serve as an assessment tool only. Certain specific conditions such as atmospherics, sight/stop-distances, training, regulations proximity, etc. Must be taken into account in any final hazard/safety assessment. Vehicle speed should not be considered in isolation to these variables. Extreme conditions might exist which require performance levels in excess of Class 3. PPE should be selected to optimize color conspicuity between the wearer and the work environment.