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Statement of Need: The safe and efficient flow of traffic through construction work zones is a major concern to transportation officials, the highway industry and the traveling public. Today the majority of highway funds are being used on system preservation-type projects (resurfacing, restoration, rehabilitation, and reconstruction) on the existing highway system; highway construction of this type is at an all time high and will continue for several years to come. The fatality rate for highway construction workers is twice the rate for other types of construction trades (DOT FHWA Office of Program Quality Coordination, Sept. 1998).

Summary of the Legal Basis: The legal basis for this direct final rule is a finding by the Secretary of Labor that the number of highway work zone injuries and fatalities is high and that the outdated OSHA standard may be contributing to this result.

Alternatives: The Directorate of Construction has formed a task group to formulate a plan for reducing the number of highway work zone fatalities. In order for this group to accomplish its mission the standards must reflect new technology and best practices. Other alternatives, such as compliance assistance and partnership programs, will not achieve these goals.

Anticipated Costs and Benefits: The overwhelming majority of public roads are currently covered by DOT regulations and their related State traffic control manuals. Moreover, private roads constitute the minority of total roads, and some local governments extend coverage to these roads. Accordingly, OSHA will be solely responsible for regulating only a fraction of all highway work. The costs of compliance for those solely regulated by OSHA will, therefore, be much lower than those estimated for compliance with DOT regulations. Because DOT has found no significant costs of compliance for revisions of the MUTCD over the years, the costs of compliance for OSHA's direct final rule likewise will not be significant under Executive Order 12866.

Risks: OSHA believes that the adoption of the direct final rule will have a direct impact on the safety of workers engaged in work zone activities, although the extent of this risk reduction has not been quantified at this point.