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23 CFR Part 634

What is the 23 CFR Part 634? The 23 CFR Part 634 was published by the Federal Highway Administration (FHWA) and went into effect on November 24th, 2008. The CFR states that all workers within the right of way (60ft. from the center line) of a Federal-aid highway who are exposed to vehicle traffic or construction equipment within that work area must wear high visibility safety apparel that is ANSI 107-2004 Class 2 or greater.

When considering the verbiage used in the above explanation, there is one word that needs to be clarified. The explanation says "within the right of way of a Federal-aid HIGHWAY". The CFR is meant for anyone working on a federally funded ROADWAY or any road that gets some form of funding from the government. It is not specifically referring to only major highways & interstates.

The reason for the CFR being put into effect is to decrease worker fatalities or injuries caused by motor vehicles or construction equipment.

One important factor of the CFR is that is states that workers must have an ANSI 107-2004 Class 2 or greater garment. This opens up a range of options that workers can wear and still be in compliance. However, be sure to check your state and local rules and regulations on high visibility safety apparel to ensure you are in compliance with any rules and regulations they may have set that exceed the federal minimum.

ANSI 207-2006 compliant garments do not fall under the CFR and if worn by the above mentioned types of workers, they would be considered non compliant and would be susceptible to fines or penalties.

The CFR is enforced in the field by OSHA.