One of the most dangerous jobs in any type of construction site is a working pedestrian with the job title of “flagger.” Essentially, a “flagger” is someone who works to manage all the traffic moving through the road construction zone. The flagger deals with work trucks; moving equipment and machinery; and other workers, as well as all the road traffic routed alongside and through the project.
Flaggers need to have specialized training in order to handle all this responsibility. Flaggers are professionals in traffic flow and traffic direction. They are invaluable to any Chicago road construction work zone because they protect both fellow workers and all others moving through the construction site from being hurt or killed in a motor vehicle accident.
These people not only need training but courage. It is a brave person who stands as a working pedestrian on active, noisy road work zones with paddles marked “STOP” or “SLOW” in the face of semi-trucks, SUVs, pickups, and sedans moving at varying rates of speed. The job takes confidence. It takes skill and the ability to respond very fast to the unexpected.
The flagger deals with drivers who may be distracted, irritated, frustrated, or simply disrespectful of the dangers facing everyone in a road construction zone. The flagger must cope with all this, in tandem with the movement of the construction traffic (think dump trucks; tandem trucks; backhoes; bobcats; excavators; etc.) with operators under the pressure of a deadline. Simultaneously, the flagger must be alert to variables, too: things like equipment failures and changing weather conditions exacerbate the complexities of the flagger’s job.
And flaggers do all this while standing on the ground, sometimes for hours at a time without a sufficient break. Personal protection equipment (PPE) may be limited to things like high-visibility vests and hard-hats which may increase visibility but do little to protect the flagger’s body in the event of struck-by or crushing accident. Pockets may be filled with water bottles, candies, cookies, or protein bars to keep energy levels up during the workday.
Especially for Chicagoland road work zones, the contributions of flaggers cannot be underestimated. In our greater Chicago metro area, we not only have an historic number of active road work zones as part of Project Rebuild Illinois, many of them are complicated and require traffic routing that is much more involved than the simple, short roadway pothole fix.
For more, read: Chicago Road Construction Dangers: National Work Zone Awareness Week is April 21-25; and Chicago Road Construction Work Zones: Unique Danger of Struck-by And Caught-Between Accidents.
Flagger Training and Certification: Legally Required
Flaggers and their PPE are governed by 29 CFR §1926.201(a), which incorporates Part 6 of the Manual on Uniform Traffic Control Devices (MUTCD) published by the Federal Highway Administration. Regulations require that flaggers on all worksites in this country have to complete specific training and obtain certification before they can undertake this demanding job. See, OSHA’s National Flagger Certification Training Course.
Industrial standards also exist that define safety requirements for these working pedestrians. The American National Standards Institute (ANSI) has promulgated ANSI/ISEA 107-2020 defining the specifics of brightly colored “high visibility safety apparel” for use under all sorts of light conditions (day or night).
As simple as wearing bright colors and reflective materials in the construction industry sounds, it is very beneficial. In nature, we see colors helping animals make quick decisions. One of the more common occurrences of this is aposematism. Aposematism is the use of signals, usually visual, of a marking or bright color(s) to an animal to warn predators that it is toxic. This is seen in insects, reptiles, fish, and other animals. While bright colors might attract a predator’s attention, aposematism relies on the memory of previous bad experiences with a brightly colored toxic animal and therefore acts as a successful deterrent.
Duties of the Chicago Construction Zone Flagger
Flaggers here in Chicagoland must juggle all sorts of things during the course and scope of their employment. Challenges are a constant bombardment, including things like:
- Directing traffic and instructing all drivers: the flagger, using flags or paddles or illuminated wands, has to take charge of all the motorized vehicles on the site and instruct all the drivers and operators on what to do and where to go;
- Monitoring the flow of traffic through the site: the flagger must be continuously aware of all the hubbub on the site (does traffic need to stop so a dump truck can cross over the lanes?), as well as the actions of all the drivers (is there someone who is speeding, or confused?) and if there needs to be a change in the routing or zone organization as the day progresses (is rain going to require a re-route?);
- Communicating with workers: the flagger will have equipment to keep in contact with other flaggers on the work zone as well as supervisors on the site, coordinating things to keep traffic flow as smooth and on plan as possible;
- Monitoring road zone warning signs and equipment: the flagger will watch all those warnings placed for the drivers moving in, through, and out of the work zone to make sure everything meets the MUTCD requirements (are the cones, signs, and barriers easily seen? Has anything moved, fallen over, shorted out?); and
- Being alert for emergencies: the flagger will be key to keep things safe for workers and traffic (drivers, passengers) should any kind of emergency happen (stalled car; heavy equipment failure; etc.), moving everyone away from the dangers as quickly and safely as possible.
Keeping Flaggers Safe on the Job in Chicagoland Road Construction
OSHA warns that all flaggers need to have high visibility clothing on at all times. The PPE must be sufficient to allow that flagger to be easily seen by drivers as far at 1000 feet away, from any direction.
Furthermore, all drivers moving through the road construction work zone should be warned well in advance that they will be approaching a working pedestrian, the flagger, very soon.
The flagger’s tools have specific requirements, too, according to federal law. Their paddles (STOP; SLOW) must be octagonal in shape. The STOP sign has to be red with white letters and a white border. The SLOW sign has to be orange with black letters and a black border.
Flagger work stations must be illuminated. This must be done by 5-foot candles; flares; or chemical lighting. The flagger should follow standardized signaling in moving the traffic through the road work construction zone.
Flaggers are to keep in a work zone position that not only helps them to see the approaching traffic and construction activity, but keeps them clearly in view of the drivers and operators.
All those in possession, custody, and control of aspects of the road work zone have a legal duty of safety and care that includes inspecting the construction zone to make sure hazards are addressed, including traffic movement and things involving the flagger. This is everything from the flagger’s PPE, positioning, tools, and certification, to making sure the flagger has proper rest breaks and protections to avoid fatigue or illness.
These duties also include making sure that flaggers are never put in a location where they have no way to escape oncoming vehicles. Flaggers should never be asked to work in shadows at dusk, for instance.
For more, read: Chicago Road Construction Worker Accidents: List of Third Parties Potentially Liable for On-the-Job Injuries
Dangers Facing Flaggers in Chicago Road Construction Work Zones
Clearly, the job of a flagger is not only complex but inherently dangerous. A great number of individuals and companies have legal duties to keep these professionals safe on the job, either through duties defined by industrial standards; specific federal regulations or statutes; or the General Duty Clause of the OSHA Act. See, What is the Employer’s General Duty Clause?
The flagger has a job that demands close interface with huge motor vehicles while working on foot. Any flagger who suffers harm while on a Chicago area road work zone has a legal right to investigate that accident to determine those who may have legal liability for damages suffered by the worker victim and their loved ones.
Road accident analysis experts alongside advocates for these worker victims can determine the various reasons for why the accident happened and the legal basis for claims to be made, from premises liability; product liability; negligent driving; negligent supervision; gross neglect in design or monitoring of the construction project site; and more.
Read:
- Construction Accident Expert Witnesses in Work Accident Claims;
- Accident Reconstruction Experts and Injury Claims;
- Why a Lawyer who is a Trial Attorney Is Important for Accident Victims in Personal Injury Cases
- Work Accident in Illinois or Indiana: Workers Compensation Claim vs. Personal Injury Damages.
Few workers accept such a high level of vulnerability to fatal dangers as the professional construction worker who acts as a flagger on a Chicagoland road construction work zone. Please be careful out there!
