Collaboration between key groups is the driver to safer roads
BY NICOLE NEEDLES
Speeding oncoming traffic, aggressive drivers and frozen water bottles thrown from car windows are just a few things that work zone professionals face daily. These, among other things, are what make work zones so dangerous not only for the workers but the drivers. The steps drivers can take toward the solution are simple: slow down and pay attention.
The New York State chapter of AGC of America is committed to improving work zone safety. According to a 2022 study conducted by AGC of America, 64% of highway contractors experienced crashes into their work zones. In response, AGC NYS developed a task force that includes the Department of Transportation (DOT) and the Federal Highway Administration (FHWA) to bring attention to the problem and seek legislative changes.
Sarah Patrie, PE, Vice President of Transportation Services at AGC NYS, says collaboration between organizations is the first step to a safer road.
“It’s a real opportunity to make a difference in a space we’ve talked about for a long time because safety is the number one priority in highway construction. With the speeds creeping up and people’s attention span creeping down, it’s some- thing much bigger than our industry can tackle. It will be really important to get all these groups together to do that,” Patrie said. “At the end of the day, if we’re successful, we’re going to make things safer, not just for the men and women out there working in the work zones, but the folks traveling through the work zones as well.”
AGC NYS is New York’s leading state- wide construction industry association, representing the heavy highway, civil, utility and building construction industries. The organization aims to improve work zone safety and reduce the number of accidents occurring in these areas. Data shows that in 2021, more than 50 work zone intrusions injured a highway worker or vehicle occupant, but there were no fatalities.
The organization is working to eliminate the use of the state’s Traffic Diversion Program in work zones, which can allow motorists to reduce their tickets for failing to adhere to work zone speed limits. In some counties, work zone speeders can participate to get the speeding ticket mitigated and potentially bypass the subsequent points and reduce the fines associated with such an infraction. AGC NYS is working with NYSDOT and FHWA NY Division to get work zones excluded from this program in every county in the state.
Kevin Moore is the Safety Director at Bothar Construction LLC and is leading efforts to overturn parts of the diversion program. He is also the Highway Chairman for AGC NYS Safety Committee and previously worked in law enforcement.
Moore initially thought that work zone and school zone tickets were not eligible for the program, but he discovered this was not true and that many counties in New York allowed these tickets to be eligible for the diversion program. He brought this issue to the attention of the AGC Safety Committee, and they sent a letter to the New York state district attorney’s office. The committee seeks language in the diversion program that specifically states that work zone and school zone speeding tickets are not eligible for the program. Moore mentioned that the diversion program is not a law but a program that counties have created to help reduce court backlog and keep fines local, though the intention was never to apply it to work zones specifically.
In addition to speeding and not paying attention, aggression and reliance on GPS devices are causing just as much of an issue in and around work zones. Drivers will also disregard work zone signs if they do not see any work happening.
“Ultimately, workers in work zones are doing dangerous and difficult work to improve infrastructure, fix potholes, repair bridges and expand capacity, which benefits everyone in the long run,” said Mike Elmendorf, President and CEO of AGC NYS. “Drivers need to slow down and pay attention to ensure the safety of work- ers and themselves.”
Patrie and Elmendorf noted that drivers are traveling at excessive rates of speed in work zones and are distracted, often using their phones to watch movies or check Twitter. Drivers need to obey the work zone speed limit and pay attention to the signs, even if they don’t see people working because there are still hazards in the area. Patrie added that GPS systems have become a problem. People are not reading detour signs and blindly following their devices, which can lead to dangerous situations in work zones.
Elmendorf also shared that aggressive behavior from drivers in work zones is alarming, and other drivers often slip out and try to pass those obeying the speed limit. The behavior of some drivers has become violent, shooting flaggers with paintballs and throwing hot coffee in workers’ faces.
“All because drivers cannot be inconvenienced,” Elmendorf said.
In 2020 and 2021, there was a reduction in the number of vehicles in work zones, but there was a significant increase in speed. In response, the organization launched Operation Hard Hat, where NYS troopers monitor traffic inside the work zone with appropriate PPE. Tickets issued through this program showed an average of 83 mph for tickets issued inside active work zones, according to the NYSDOT. Although there have been fewer fatalities in recent years, there has been a trend of more intrusions leading to injury for drivers and passengers.
AGC NYS is working with its members to implement safety techniques such as body cameras, wearable alert devices, mechanical flaggers and big- ger and improved reflective striping on barriers and mechanical flaggers. The organization believes “the best traffic control device is a good, old-fashioned police presence.” Operation Hard Hat has brought more awareness to paying attention to work zones.”
AGC NYS has established a task force that includes the FHWA and DOT to focus specifically on work zone safety, education for all parties regarding existing laws and how they apply, and working together to eliminate existing traffic diversion programs. For years, work zone
safety was only one of the topics discussed among FHWA, NYSDOT and the AGC Safety Committee. Through team efforts, a pilot initiative to install automated speed cameras in highway work zones was approved in 2022. In November, a few locations underwent testing. The program is expected to be fully implemented this spring, with 20 cameras for NYSDOT project sites around the state and an additional 10 for the Thruway Authority’s corridor. The automated cam- eras will transmit penalty fees straight to the owner of the registered vehicle.
The organizations are making a concerted effort to improve work zone safety. By working with its members, DOT, FHWA and other agencies, AGC NYS is implementing new measures to protect highway workers and motorists. Establishing a task force focused solely on work zone safety is a critical step in this process. AGC NYS is confident these efforts will lead to fewer accidents and injuries.
In March, a Maryland AGC member suffered a horrific work zone tragedy when a driver lost control of her car and crashed into their work zone, killing six construction workers. AGC of America extends its deepest condolences to the families and friends of those who lost their lives in this tragic event.


