Do the worker visibility rules apply to truck drivers?

The Federal Highway Administration’s “worker visibility” rule that went into effect on November 24, 2008, may apply to drivers of commercial motor vehicles, depending on their responsibilities.

The regulation, found under 23 CFR Part 634, states that any “worker” whose job puts them onto the roadway on foot must be wearing high-visibility clothing meeting certain ANSI standards. The regulation applies to anyone who is assigned to work on or near a federal-aid roadway or right-of-way, including police officers, EMS responders, tow-truck drivers, drivers working in road construction zones, and drivers assigned to deliver or pick up materials on the roadway (such as at a construction site or accident scene).

The regulation does not apply to drivers that end up working on the roadway for reasons other than a work assignment, such as a truck driver changing a flat tire. In that situation, high-visibility clothing would be recommended, but optional.