Ask a Trooper: Tow truck drivers required to wear high visibility garments

Published 7:01 am Sunday, December 13, 2015

Sgt. Troy Christianson Ask a Trooper Minnesota State Patrol

Sgt. Troy Christianson
Ask a Trooper
Minnesota State Patrol

Question: I cannot find it in any of the laws but I am sure it has to be there. Isn’t it required by law for a tow truck operator who is operating on public roads to wear reflective safety apparel at all times? Only asking this because I am curious because I think it’s a federal OSHA law yet you see so many drivers wearing nothing but a black shirt or hard to see apparel.

Answer: Yes, tow truck drivers who are working and exposed to moving motor vehicle traffic are required to wear high visibility garments. The high vis. garment may be a Class 2 vest or a Class 3 jacket. More information on this law can be found under Minnesota Administrative Rule 5205.0030.

This rule is enforced by Minnesota Occupational Safety and Health Administration (OSHA.) There are also requirements from federal OSHA and the Federal Highway Administration that require the use of high visibility garments when employees are working on a street, road, highway, etc. where the workers are exposed to moving motor vehicle traffic.

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Everyone who is working on the scene of a crash; police, fire, EMS, tow truck operators, MNDOT, etc. must be wearing a high vis. garment to be in compliance. High vis. garments are also required when directing traffic.

The rule also talks about the maintenance and condition of the garment. “If the high visibility personal protective equipment becomes faded, torn, dirty, worn, or defaced, reducing the equipment’s performance below manufacturer’s recommendations, the high visibility personal protective equipment shall be immediately removed from service and replaced.”

Emergency responders working on the shoulder of the road have got your back. Do you have theirs? Minnesota’s Ted Foss Move Over Law was named in honor of the State Patrol trooper who was killed while on a traffic stop on the shoulder of I-90 near the Lewiston exit in 2000.

The law states:

•When traveling on a road with two or more lanes, drivers must keep over one full lane away from stopped emergency vehicles with flashing lights activated — ambulance, fire, law enforcement, maintenance, construction vehicles and tow trucks.

•Reduce speed if unable to safely move over a lane.

•Failing to take these actions endangers personnel who provide critical and life-saving services.

Fines can exceed $130.

Moving over not only helps protect the lives of emergency workers, but also helps protect you.

Hitting a vehicle on the side of the road can result in injury or death for you or those in your vehicle.

If you have any questions concerning traffic related laws or issues in Minnesota send your questions to Sgt. Troy Christianson – Minnesota State Patrol at 2900 48th Street NW, Rochester MN 55901-5848. (Or reach him at, Troy.Christianson@state.mn.us) Twitter: MSPPIO_SOUTH