Promulgation of the regulation and process

Governor Deval Patrick signed road flagger and police detail reform into law in 2008.

The Executive Office of Transportation and Public Works (EOTPW), now MassDOT, created an internal working group made up of experts from:

• highway safety
• construction
• maintenance

EOTPW held an informational meeting about the processes they were going to follow. They discussed new standards for traffic management and how to deploy road flaggers on the state's roads. Police officers, police unions, and those who had been public on the issue all took part in the discussion. Also present were representatives from the Beacon Hill Institute, the Pioneer Institute, and the Transportation Finance Commission.

Timeline

EOTPW tasked the group with developing traffic management strategies while maintaining safety protocols. Over the next few months, the internal working group met regularly to discuss:

• the implementation of new standards for traffic management
• how to deploy road flaggers on the roads
• review of the "MassHighway Work Zone Safety Guidelines for MA Municipalities and Contractors"
• reviews of  the "Standard Details & Drawings for the Development of Traffic Management Plans

May 20, 2008: EOTPW held a public hearing at the State Transportation Building. Many parties provided testimonies about the benefits of both police details and road flaggers. The testimonies are available on the MassHighway website.

August 13, 2008: the Patrick Administration issued a Press Release about the proposed regulation. The press release noted:

• they would use road flaggers in projects where the state is the Awarding Authority. This includes state projects on local roads.
• they would hold a public hearing and comment period on the proposed regulation

September 9, 2008: EOTPW released a draft Cost Report. The report:

• analyzed the cost savings of using alternative personnel on MassHighway construction contracts
• reviewed the average hourly cost for police details and road flaggers
• summarized the potential savings of using the proposed regulation on MassHighway contracts

September 15, 2008: EOTPW held another public hearing at the State Transportation Building. They wanted opinions on the draft regulation. Again, many parties provided testimonies about the proposed regulations. EOTPW also accepted written comments for the following two days. The Hearing Testimony and Written Comments are available on the MassHighway website.

October 3, 2008: After reviewing the testimonies and comments, EOTPW finalized the regulation. They filed it with the Publications and Regulations division of the Secretary of the Commonwealth. The regulation went into effect after its publication in the Register.