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Keeping Workers
and Motorists
Safe Is as
Important as
the Job Itself
Roadway work zones receive a lot
of attention these days from a variety
of sources. Motorists have long
seen these zones as obstacles to their
busy days, and these drivers are sometimes
barely aware that workers and heavy
equipment are only a few feet away as
they zoom through. Needless to say, this
can make things nerve-racking for road
construction workers.
They have good reason to be anxious.
According to St. Paul Travelers Insurance,
“accidents involving motor vehicles traveling
through work zones combined with
accidents involving contractor vehicles
and equipment are the greatest risk faced
by construction workers.” Small wonder
more states are doubling and, in some
cases, tripling fines to motorists who
speed through construction zones.
In Michigan, a motorist who injures or
kills a worker while driving in a construction
zone can be prosecuted in criminal
court and, if found guilty, sentenced to
up to 15 years in prison and nailed with
a very hefty fine. The statute that makes
this possible is commonly referred to as
“Andy’s Law.”
Bothersome Statistics
Slow Down or Pay Up
Michigan’s Tough Work Zone Laws Could Cost You Jail and Fines
In Michigan, you now risk more than just
a speeding ticket if you go too fast —
you also face tougher penalties than ever.
Here are the penalties under Michigan
law that impact driving in work zones:
Doubled Fines
In 1997, state lawmakers doubled the
fines for speeding in work zones.
More Points
Public Act 149 of 2002 increased the
number of points assessed for speeding
in a work zone to:
• three points for speeding 10 mph or
less over the posted limit;
• four points for speeding more than
10 mph but not more than 15 mph
over the limit; and
• five points for speeding more than
15 mph over the limit.
Motorists who have accumulated 12 or
more points in a two-year period will be
required to undergo a driver assessment
re-examination with the Secretary
of State’s office. Depending on the outcome
of the re-examination, the driver’s
license may be restricted, suspended,
or revoked.
Increased Insurance Rates
When drivers have points assessed to
their driver records, their insurance
rates generally increase. Michigan law
allows insurers to add a surcharge to
the insurance policy of drivers with poor
driving records to cover the anticipated
costs associated with high-accident risk.
In 2001, Public Act 103, known as
“Andy’s Law” went into effect October 1.
The law creates penalties of up to one
year in prison for injuring and up to 15
years in prison for killing a highway construction
or maintenance worker. It also
imposes a maximum penalty of $7,500.
The law is named for Andrew Lefko, a
19-year-old who was left paralyzed after
being hit while working on I-275 in
metro-Detroit.
In 2004, Andy’s Law was strengthened
by the passage of Public Act 315. Now,
work zones are marked with “Work Zone
Begins” and “End Road Work” signs.
“Begin Work Convoy” and “End Work
Convoy” signs are used for mobile crews
traveling along roads as workers paint
lane lines or patch potholes. Speed limit
signs are also required in work zones
marked with “Work Zone Begins” signs.
Public Act 315 lowers the threshold
where offenses can trigger Andy’s Law
penalties. The law now includes penalties
for driving offenses such as careless
driving or speeding, which are
considered civil offenses. The law also
applies to criminal offenses such as
reckless or drunken driving.
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Ensuring safety in highway work zones is
not an easy task. “Work zones present a
unique challenge as we are charged with
protecting two separate and distinct
groups of people: road workers and the
motoring public,” says Joe Forgue, Safety
Director for Ajax. “Sometimes they can
be at odds with each other.”
More than 40,000 Americans die in auto
accidents every year. Of these fatalities,
about three percent occur in work zones
— that’s about 1,100 deaths each year.
Another 40,000 people are seriously
injured; 10,000 to 14,000 of these accidents
involve construction workers. These
statistics are evidence of a serious problem
for the public and an even more serious
problem for those of us in the road
construction industry. “The fatality rate
for road construction workers is six times
that of all other American industries combined,”
notes Forgue. “That concerns us
a great deal.”
This data clearly illustrates why work
zone safety must be assured for motorists
and for highway construction workers.
The task isn’t made any easier by the
fact that some frustrated motorists
occasionally transfer their anger over
a construction-related traffic jam to the
workers themselves.
Maintaining Safety
In most cases, work zones that are part of
Ajax’s public highway improvements fall
under the supervision of the Michigan
Department of Transportation. MDOT
has a strong desire to make sure the
motoring public, which is ultimately
their boss, is not excessively inconvenienced
by confusing, unsafe work zones.
But this mandate can sometimes work
at cross-purposes with worker safety.
Finding a harmonious balance between
these two, sometimes conflicting issues
is a challenge Ajax takes very seriously.
To meet it, the company works continuously
with MDOT and other project
owners to establish and maintain safe
roadwork conditions.
As part of this process, Ajax conducts
numerous job progress meetings with
MDOT personnel, as well as with local
officials, residents, and business owners near the jobsite. “The idea is that communication
is the first step in preventing
problems,” says Forgue. “If motorists
know what’s coming and how long this
condition will exist, we find less anxiety
in the communities we serve and fewer
negative events with motorists as we
go about our business of making these
roads better.”
A Typical Solution
Ajax relies on two primary sources for
guidance in establishing safe work zones:
The Manual on Uniform Traffic Control
Devices (published by the American
Traffic Safety Services Association and
the U.S. Department of Transportation)
and MDOT’s own specifications. These
sources offer very specific guidelines on
how to set up work zones properly using
what are called “typicals.”
Typicals outline and diagram work zones
for just about every situation. These very
clear parameters describe how to close
an intersection or roadway, how to close
a lane, or how to create a traffic shift.
Working with these two resources, Ajax
strives to establish work zones that are
safe for its workers and, just as important,
the motoring public.
Crucial Roles
All of Ajax’s project managers, along
with most of its jobsite foremen, have
been certified by the American Traffic
Safety Services Association as Traffic Control
Supervisors (TCS). The duties of a
TCS include interpreting traffic control
plans and specifications, coordinating
temporary traffic control requirements,
and supervising traffic control personnel.
“We have a specially trained employee
whose sole job is to ensure the proper
setup and safety of every project where
we are the prime contractor,” says
Forgue. “By monitoring and quickly correcting
problems, we are able to maintain
safe and effective work zones throughout
our projects.”
On the front line of this safety assurance
program are the work zone traffic regulators,
commonly referred to as “flaggers.”
These individuals play a crucial role in
maintaining the safety of motorists and
road construction workers. Ajax recognizes
this position as one of the most important
on the site. Without them, motorists are
less aware of closures, detours, and other
critical safety information. Each traffic
regulator is trained in all aspects of construction
traffic control. They have the
unique responsibility of protecting their
fellow workers, motorists, and, most
important, themselves.
Ajax’s safety goal is twofold, according
to Forgue. “The primary objective is to
send our workers home to their families
at the end of the day, maybe a little dirty,
a little tired, but none the worse for wear.
Secondly, we want to see the taillights
of each and every motorist as they safely
travel through all our construction zones.”
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