Text For Citation: 01 Item/Group: 001A Hazard:

29 CFR OSH ACT of 1970 Section (5)(a)(1): The employer did not furnish employment and a place of employment which were free from recognized hazards that were causing or likely to cause death or serious physical harm to employees: 1) On or about November 4, 2020, and at prior times, employees replacing a guardrail and employees repainting a bridge were exposed to the hazard of being struck by a vehicle while working in the traveled way of traffic and were not wearing high visibility vests. Abatement Note: Among other methods, one feasible and acceptable method to abate the hazard is to follow the requirements of Manual on Uniform Traffic Control Devices (MUTCD), 2009, Part 6, Section 6.D.03 Worker Safety Considerations, which states: "All workers, including emergency responders, within the right-of-way who are exposed either to traffic (vehicles using the highway for purposes of travel) or to work vehicles and construction equipment within the TTC zone 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 Safety Apparel and Headwear" (see Section 1A.11), or equivalent revisions, and labeled as meeting the ANSI 107-2004 standard performance for Class 2 or 3 risk exposure, except as provided in Paragraph 5. A person designated by the employer to be responsible for worker safety shall make the selection of the appropriate class of garment." Abatement Note: Abatement certification is required for this item (see enclosed "Certification of Corrective Action Worksheet").