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DOL/OSHA RIN: 1218-AC52 Publication ID: Spring 2011 
Title: Preventing Backover Injuries and Fatalities 
Abstract: Backing vehicles and equipment are common causes of struck-by injuries and can also cause caught between injuries when backing vehicles and equipment pin a worker against something else. NIOSH reports that 51% of worker on foot fatalities that occurred within a highway work zone involved backing vehicles. A British report found that nearly a quarter of vehicle-related deaths at work are caused by vehicles backing up. Emerging technologies in the field of operations include after market devices, such as cameras, radar, and ultrasonic devices, to help monitor the presence of workers on foot in blind areas, and new monitoring technology, such as tag-based warning systems, that use radio frequency (RFID) on equipment to detect electronic tags worn by workers. The use of spotters and internal traffic control plans can also make backing operations safer. The Occupational Safety and Health Administration (OSHA) is seeking comment on technological and non-technological solutions to prevent backover incidents. 
Agency: Department of Labor(DOL)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Prerule Stage 
Major: Undetermined  Unfunded Mandates: Undetermined 
EO 13771 Designation: uncollected 
CFR Citation: Not Yet Determined     (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: 29 USC 655(b)   
Legal Deadline:  None

Statement of Need: Struck-by injuries and caught between injuries are two of the four leading causes of workplace fatalities. One study found that, from 2003-2007, 101 workers were killed by backing vehicles or mobile equipment in highway workzones. While backing incidents can prove fatal, workers can suffer severe, non-fatal injuries as well. A review of OSHA's IMIS database found that backing incidents can result in serious injury to the back and pelvis; fractured bones; concussion; amputation; and other injuries. OSHA believes that it is necessary to request information from those involved in backing operations and the general public to better understand how to prevent backing incidents.

Summary of the Legal Basis: The Occupational Safety and Health Act of 1970 authorizes the Secretary of Labor to set mandatory occupational safety and health standards to assure safe and healthful working conditions for working men and women (29 U.S.C. 651).

Alternatives: The alternative to the proposed rulemaking would be to take no regulatory action.

Anticipated Costs and Benefits: The estimates of the costs and benefits are still under development.

Risks: Analysis of risks is still under development.

Timetable:
Action Date FR Cite
Request For Information  08/00/2011    
Regulatory Flexibility Analysis Required: Undetermined  Government Levels Affected: Undetermined 
Federalism: Undetermined 
Included in the Regulatory Plan: Yes 
RIN Data Printed in the FR: No 
Agency Contact:
Dean McKenzie
Director, Directorate of Construction
Department of Labor
Occupational Safety and Health Administration
200 Constitution Avenue NW., FP Building, Room N-3468,
Washington, DC 20210
Phone:202 693-2020
Fax:202 693-1689
Email: mckenzie.dean@dol.gov