The revised MUTCD (Manual on Uniform Traffic Control Devices) took effect January 15, 2010. Workers on non-federal highways will have to be in compliance with the high-visibility safety apparel requirements by December 31, 2011.

This rule is an expansion of the previous mandate (23 CFR Part 634) requiring workers within the right-of-way of a Federal-aid highway exposed to traffic or construction equipment which continues in force since enacted November 2008.

As established by the Federal Highway Administration (FHWA) and documented in the MUTCD, workers within the right-of-way of all roads "open to public travel", i.e. any road where you can drive a car without passing through a traffic control gate, including private property, will be required to wear high visibility safety apparel meeting ANSI performance Class 2 or 3 guidelines.