This approach provides employers with more flexibility to ensure that flaggers are protected from the roadside hazards. For instance, a key Legislative requirement was to prevent flaggers from being struck from behind. Although the rule suggests some methods that employers may use to protect flaggers, employers will have discretion in determining how best to meet that requirement. The employer must conduct an on-site orientation when flaggers start a new job. This orientation must include, but not be limited to, the flagger's role and location on the job site, equipment, traffic patterns, communications and hazards specific to the work site.
Warning signs reflect the actual condition of the work zone.
Flaggers are not assigned other duties while flagging. Devices such as two-way radios used by flaggers for communications, directing traffic or ensuring flagger safety are acceptable. Economic impacts to small business Because the rules are being adopted under emergency authority, an economic analysis to determine if the new regulations will have a disproportional impact on small businesses will not be required. Public testimony Likewise, the emergency rule eliminates the requirement for a public hearing. The public hearing and additional requirements will be met in the permanent rule adoption process later this year.