Brief State Strategies to Boost Work Zone Safety on Roadways

State Strategies to Boost Work Zone Safety on Roadways  

Work zones, areas of roadwork that may involve lane closures, detours, moving equipment and the presence of construction workers, are vital for maintaining and improving transportation infrastructure nationwide. 

The key function of these zones is to separate active construction from traffic, so there is a safe area for workers and traffic has a safe route around the zone. However, the dynamic and often unpredictable nature of work zones can introduce potential hazards, leading to crashes, injuries or fatalities among on-site workers, drivers, passengers, commercial vehicle operators and vulnerable road users. 

An analysis of National Highway Traffic Safety Administration data by the National Work Zone Safety Clearinghouse shows there were 96,000 work zone crashes in 2022, resulting in an estimated 37,000 injuries and 891 fatalities, a 7% decrease in fatalities from 2021. Notably, pedestrian and bicyclist work zone-related fatalities decreased by 16.6% compared with 2021. 

According to data from the Fatality Analysis Reporting System, 51% of work zone fatalities in 2022 involved a single motor vehicle colliding with other roadway users, such as pedestrians, or striking fixed objects like concrete barriers. Rear-end collisions, the most common type of work zone crash involving another vehicle, accounted for 21% of fatal work zone crashes in 2022, a slight decrease from 23% in 2021. However, fatal work zone crashes involving speeding increased by 2%, while such crashes involving commercial motor vehicles decreased by 3% over the same period. 

The clearinghouse's review of NHTSA's data also reveals a wide variation in work zone fatalities nationwide, ranging from zero in New Hampshire and Puerto Rico to 203 in Texas in 2022.  

Bureau of Labor Statistics data from 2020-22 indicates an average of 51.7% of highway worker fatalities at road construction sites involved workers on foot who were struck by vehicles, 26.3% involved workers driving or riding in vehicles and 21.9% were related to other incidents, such as falls.

The Federal Highway Administration (FHWA) notes that interventions such as speed safety camera programs, mobile barrier systems, work zone intrusion alarms and transportation management plans—strategies to mitigate the impact of work zones—can enhance the safety of work zone operations. The FHWA also advises drivers to reduce speed, watch out for pedestrians and bicyclists and give large vehicles space near work zones. 

While states must comply with minimum requirements for work zone safety such as signs, proper lighting and traffic control methods in the federal Manual on Uniform Traffic Control Devices, they are also deploying additional countermeasures to enhance work zone safety. Several state legislatures and departments of transportation have engaged in efforts such as: 

• Speed management in work zones. 

• Stricter penalties for dangerous driving behavior in work zones.  

• Increasing public awareness of work zone safety. 

Speed Management in Work Zones 

States use various policies, methods and technologies to manage and enforce speed limits in work zones, such as blanket speed reductions, variable speed limits and automated enforcement.  

General Speed Reductions 

Michigan (M.C.L.A. 257.627) mandates a maximum speed of 45 mph in highway work zones with lane closures due to activities like construction, maintenance or surveying. However, state transportation departments, county road commissions or local authorities may set different speed limits based on engineering practices. Violations result in a civil infraction.  

Washington (SB 5023, 2023) requires motorists to reduce their speed by at least 10 mph below the posted limit when approaching an emergency or work zone. On roads with limits above 60 mph, speeds must drop below 50 mph. Violations may result in a 60-day license suspension. 

Additionally, every state has enacted a move over law, which typically requires drivers to slow down and/or change lanes when approaching an authorized emergency vehicle or other specified vehicles stopped on the roadway or roadside. While these laws vary by state, a 2024 report by the Government Accountability Office found that move over laws in at least 42 states extend to highway maintenance or construction vehicles, as well as work zones, regardless of whether vehicles or workers are present.  

Variable Speed Limits 

State legislatures have authorized the use of smart work zone tools, which deploy intelligent transportation systems such as variable speed limits (VSLs) and speed safety cameras to ensure speed management for more efficient traffic flow. 

VSLs allow authorities to adjust speed limits dynamically in work zones, sometimes through specific VSL signs that allow transportation departments or related agencies to modify the speed limits in real-time based on factors like weather, traffic, and vehicle types. However, in most states, local authorities cannot implement VSLs without state-level approval.   

The Utah Department of Transportation evaluated driver response to VSLs in work zones on a portion of its state highway over three months. The department found that while the average speeds between VSLs and static speed limit signs were not statistically different, VSL signs were helpful in reducing the variation in drivers’ speed near the entry of the work zone. Speed variation in work zones, or the difference between vehicle speed and the average speed, is a major factor in work zone crashes. VSLs can also be used outside of work zones. The Ohio Department of Transportation reported that, over seven years, VSLs helped reduce crash rates by over 35% where they were implemented on a portion of the state’s highway.  

New Jersey (N.J. Stat. Ann. § 39:4-98.9) authorizes the Commissioner of Transportation to issue an emergency order to change speed limits on public highways for up to 60 days due to emergency conditions such as construction work. 

Oregon (Or. Rev. Stat. Ann. § 810.180) allows a road authority to issue an ordinance to temporarily override statutory speed limits to protect public workers' safety during temporary conditions like construction or maintenance. The temporary speed limit applies for a specified period and may target all vehicles or specific types proven to cause highway damage. 

South Dakota (SB 21, 2020) permits the state department of transportation to establish temporary VSLs through state-owned highway work zones.  

Automated Enforcement 

Automated enforcement, such as speed safety cameras, is a tool in smart work zones that allows state and local governments and law enforcement agencies to remotely capture images of violations of traffic laws and issue citations, typically civil. 

Automated enforcement collects evidence of speeding violations remotely, eliminating the need for officer exposure on the roadside and increasing officer safety. According to the Insurance Institute for Highway Safety, communities in 22 states and Washington, D.C., operate speed safety cameras.  

The federal Infrastructure Investment and Jobs Act, enacted in 2021, allows states to allocate a portion of their highway funding from the act to establish or maintain automated enforcement programs within work and school zones. Additionally, in response to work zone dangers, state legislatures have recently passed several laws to study or authorize work zone speed safety cameras to ticket violators.  

Delaware (HB 94, 2023) permitted the use of electronic speed monitoring systems in work zones. Violators who exceed the speed limit by 11 mph or more face civil penalties but do not receive points on their license. 

Indiana (HB 1015, 2023) established a Worksite Speed Control Pilot Program to enforce construction and worksite speed limits; exceeding the posted speed limit by 11 mph constitutes a violation. A first violation results in a warning, while a second violation is a civil penalty worth $75 with increasing fees for every additional violation thereafter. 

Pennsylvania (HB 1284, 2023) made its five-year Work Zone Speed Enforcement pilot program permanent as of Feb. 15, 2024. The Pennsylvania Department of Transportation reported that during the pilot, speeding (1 mph or more over the limit) was reduced by 38% and excessive speeding (11 mph or more over the limit) dropped by 47% during peak construction seasons from 2020 to 2022. According to studies of specific work zones where cameras have been used, the program has led to crash reductions of between 15% and 50% when the enforcement system is present. The updated program introduces a 15-day warning period for first violations, a $75 fine for second offenses and a $150 fine for third and subsequent offenses, all of which result in civil penalties. 

Arkansas (SB 481, 2023) amended its law to remove the requirement that law enforcement be present to operate automated enforcement devices in highway work zones. However, as stated in an Arkansas DOT press release, "Information regarding the speeding vehicle will be transmitted to an officer stationed downstream, who will then have the authority to issue a warning or citation." SB 481 also codified that data from automated enforcement shall not be retained by a county or state government agency unless it is related to an active criminal or civil investigation. 

Increased Penalties for Certain Driving Behavior in a Work Zone  

State legislatures are toughening penalties for certain driving behaviors in work zones to improve motorist compliance and combat work zone safety related injuries and fatalities. 

Alabama (SB 4, 2021) defined a construction zone moving violation as any moving violation, like speeding or impaired driving, in a designated construction zone with workers present and warning signs. Violators face a fine of $250 or the amount prescribed for similar violations outside construction zones, whichever is greater. 

Kentucky (SB 107, 2024) raised fines for speeding and aggressive driving in work zones to $500 for violations without injury or death, and between $500 and $10,000 for violations causing injury or death. Fines apply only if signs are clearly displayed and at least one worker is present. Previously, fines were doubled from the standard non-work zone rates of $60 to $100. 

Virginia (HB 282, 2024) established a traffic infraction for moving violations, such as speeding, in highway work zones. Fines are at least $300 for the first offense and $500 for subsequent offenses. Any subsequent offense within the same year incurs a fine of at least $750. Drivers can also be charged for reckless driving if their actions in the work zone show a willful and wanton disregard for safety. 

Public Awareness on Work Zone Safety 

The Federal Highway Administration, state departments of transportation, national road safety organizations and private companies partner at the start of construction season each spring to conduct National Work Zone Awareness Week to encourage safe driving through highway work zones. 

Legislatures have enacted additional measures aimed at increasing driver awareness of work zone laws and the consequences of violations. 

Illinois (SB 3151, 2024) required all safety education and driver education courses to include at least an hour on worker safety in highway construction and maintenance zones beginning with the 2024-25 school year.  

Oklahoma (HB 4100, 2022) enacted the Operation Work Zone Awareness Act which established a website dedicated to public awareness on the dangers of committing moving violations while in work zones. The website also provides guidance on driving safely through work zones, enrolling in a work zone safety course and honors state employees who have lost their lives in work zones. Additionally, the law allows motorists who are cited for work zone violations to participate in an Operation Work Zone Awareness program to get their fine dismissed.