Federal Register Notice, November 21, 2008 - Worker Visibility - Interim Final Rule
On November 21, 2008, the FHWA issued an Interim Final Rule Revising the Worker Visibility Rule (23CFR 634) to create an exemption for the firefighting community. This interim Final rule allows firefighters or other emergency responders working within the right-of-way of a Federal-aid highway and engaged in emergency operations that directly expose them to flame, fire, heat, and/or hazardous materials to wear retroreflective turn-out gear that is specified and regulated by other organizations, such as the National Fire Protection Association. Firefighters or other emergency responders working within the right-of-way of a Federal-aid highway and engaged in any other types of operations shall wear high-visibility safety apparel as defined in this rule. The FHWA decided to issue this interim final rule to address safety concerns raised by fire fighting community. The interim final rule was published in the Federal Register November 21, 2008 and went into effect on November 24, 2008. If you have any questions, please contact Hari Kalla or Ken Wood. Video Presentation available here.

UPDATE:

The FHWA has exempted the firefighting community from the high visibility worker rule in circumstances when they are exposed to hazardous materials and the use of such apparel may increase the risk of injury to firefighting personnel. The new rule became effective June 15, 2009.
 
The FHWA published an Interim Final Rule on November 21, 2008 and it has been effective since November 28, 2008. Since then, the FHWA was made aware of safety issues that could develop under certain conditions with the high visibility worker garments such as having the background material catch fire or melt.

The FHWA feels that the exemption “provides a balance of increasing the visibility of workers under most conditions, but not create a condition that could endanger them with other hazards.”