Sec. 1405. HIGHWAY WORKER SAFETY

249 words·~1 min read·/statute-compilations/comps-10008/sec-1405

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

## SEC. 1405 HIGHWAY WORKER SAFETY Not later than 60 days after the date of enactment of this Act, the Secretary shall modify section 630.1108(a) of title 23, Code of Federal Regulations (as in effect on the date of enactment of this Act), to ensure that— ####

(1)at a minimum, positive protective measures are used to separate workers on highway construction projects from motorized traffic in all work zones conducted under traffic in areas that offer workers no means of escape (such as tunnels and bridges), unless an engineering study determines otherwise; ####

(2)temporary longitudinal traffic barriers are used to protect workers on highway construction projects in long-duration stationary work zones when the project design speed is anticipated to be high and the nature of the work requires workers to be within 1 lane-width from the edge of a live travel lane, unless— #####

(A)an analysis by the project sponsor determines otherwise; or #####

(B)the project is outside of an urbanized area and the annual average daily traffic load of the applicable road is less than 100 vehicles per hour; and ####

(3)when positive protective devices are necessary for highway construction projects, those devices are paid for on a unit-pay basis, unless doing so would create a conflict with innovative contracting approaches, such as design-build or some performance-based contracts under which the contractor is paid to assume a certain risk allocation and payment is generally made on a lump-sum basis. ## Subtitle E Miscellaneous