CAUTION! Avoid the Legal Detour: Understand Your Traffic Control Before You Dig

The Federal Highway Administration’s (FHWA’s) MUTCD has been largely adopted by every state in the US and fed downward through counties, cities, towns, etc. Throughout the last 20 years, there have been few editions of the MUTCD, with revisions being made and adopted along the way. The current MUTCD, the 2009 Edition, became effective in January 2010 and was required to be adopted by states or other federal agencies within two years of the effective date.

When using the MUTCD, the user must first understand that the manual is broken up by four different headings – Standard, Guidance, Option, and Support – used to help the user with making the appropriate decision. The MUTCD is no different than other design standards put in place across the Country; however, there are a few general things to consider when looking at traffic control and its possible impacts to a site.

How can something so simple have so much importance when it comes to a project or a case? Well, to get a good glimpse of how important it can be, especially in the construction industry, one needs to simply look at the roadway work zone statistics. In 2019, the FHWA reported that there were nearly 842 work zone fatalities by transportation mode in the US, mostly due to drivers and passengers.1 When existing driving patterns are impacted in a work zone, drivers and pedestrians can often be confused as to where they are supposed to go, especially when done incorrectly. This is where the MUTCD and its sections on temporary traffic control play the utmost importance. Could those 842 fatalities in 2019 have been avoided by proper use of traffic control? Maybe, maybe not. But it could help in preventing contractors and owncontinued on page 60

ers from being sued for their lack of protecting the traveling public from their work zone.

Many local jurisdictions, be it townships, cities, counties, even states, have their own form of traffic control standards that often govern, depending on where a project resides; however, in almost every case, these local jurisdiction’s standards often specify that they have adopted the MUTCD. So just because a project is in rural America, don’t think that the FHWA’s doesn’t apply to your site. As always, understanding your design guidelines beforehand is crucial in helping mitigate your risks. to signage being used at incorrect locations in developments, which in many instances, have led to some sort of accident. In most cases when there is a vehicular or pedestrian accident in a work zone, traffic control devices are often the first things everyone looks at to ensure they were in compliance. Don’t be left in the dark during your project. Ensure your traffic control – be it permanent or temporary –is both designed and installed correctly. Make sure your entire project team understands the requirements and the overall importance of it as well. It could help save you from a legal detour that you don’t want to take.

1. https://ops.fhwa.dot.gov/wz/resources/facts_stats.htm

B Written by Craig M. Steigerwalt, P.E., CCM, oston Area PMP. Reprinted with permission. Locations n

2 Dexter Street Everett, MA 02149

Owners, designers, and contractors alike need to understand the traffic control requirements of their jobsite – regardless if it’s a private or public project. Not only does it help to protect the traveling public during construction, but it also protects the construction crews who are working within these work zones. Understanding where a flagger needs to be, or where the shifting taper needs to begin, or where a temporary STOP sign shall be placed is more important than one would think.

While the MUTCD does not cover every possible work zone situation, it does help guide the user to a safer work environment. When teamed with proper engineering judgment, a contractor’s work zone should be safer to both the crew and those traveling through it. At the end of the day, that is the most important aspect of any project.

Boston Area Boston Area Locat431 Sec ionsond Street Locations 2 Dexte Everett r , Street MA 021 2 49 Dexter Street Everett, MA 021 Eve49 rett, MA 02149 431 Second Stre 43et 1 Second Street Everett, MA 021 Eve49 rett, MA 02149

100 Fremont Street 431 Second Street Worcester, MA 01603 Everett, MA 02149

We have been contacted for numerous legal cases that have involved everything from temporary traffic control being installed incorrectly during construction Turn your metal into money today! Turn your metal into money today! Minichiello Bros. Inc.,/Scrap-It Inc. Minichiello Bros. Inc./Scrap-It Inc.