The case involved a highway construction project where OSHA alleged that employees working behind backing dump trucks were exposed to struck-by hazards during paving operations. Specifically, a truck driver operating a dump truck in reverse struck and killed a a Lane superintendent. At the time, Lane’s employees were in the process of milling and repaving a section of Veterans Expressway in Tampa, FL.  OSHA contended that additional protective measures should have been implemented to protect employees from backing construction vehicles. While the ALJ ultimately concluded that OSHA failed to satisfy its burden of proof under the General Duty Clause, the decision should not be viewed as minimizing the dangers associated with construction traffic. Rather, it reinforces that contractors should develop comprehensive traffic control plans that address the unique conditions present on each project.

Every construction project has different traffic patterns. Delivery vehicles enter and exit the site throughout the day. Heavy equipment constantly changes locations as work progresses. Employees frequently move between active work areas. Without proper planning, these constantly changing conditions can create confusion between equipment operators and workers on foot.

An effective traffic control plan begins well before equipment arrives on site. Contractors should identify designated travel routes for construction vehicles, establish separate pedestrian walkways where feasible, determine loading and unloading locations, and minimize situations requiring equipment to back through active work areas. Eliminating unnecessary backing movements remains one of the simplest and most effective methods of reducing struck-by exposures.

Traffic control plans should also account for changing site conditions. As projects progress, excavation areas expand, materials are relocated, temporary access roads change, and new subcontractors arrive. 

Communication is equally important. Equipment operators, laborers, supervisors, subcontractors, and delivery drivers should all understand how traffic will move throughout the project. Daily pre-task meetings provide an excellent opportunity to discuss anticipated vehicle movement, identify congested work areas, and coordinate deliveries with ongoing construction activities.

When backing operations cannot be eliminated, contractors should establish clear procedures governing those activities. Spotters should be properly trained, positioned where they remain visible to equipment operators, and utilize standardized hand signals or reliable communication devices. Operators should understand that backing operations should stop immediately whenever visual contact with the spotter is lost.

Technology can further enhance these safety efforts. Many contractors have equipped fleets with backup cameras, proximity detection systems, object recognition technology, enhanced mirrors, and audible warning devices. While these systems should never replace attentive operators or effective traffic control planning, they provide additional layers of protection that may prevent a serious incident.

Equally important is maintaining separation between employees on foot and moving equipment whenever possible. Clearly designated exclusion zones around cranes, excavators, loaders, and dump trucks help minimize opportunities for employees to inadvertently enter equipment travel paths or blind spots. Supervisors should continually monitor these areas to ensure workers understand and respect those boundaries.

Training should also extend beyond equipment operators. Employees working around heavy equipment should understand equipment blind spots, swing radius hazards, stopping distances, backup alarm limitations, and the importance of making eye contact with operators before approaching equipment. Temporary workers and newly hired employees deserve particular attention, as they may be unfamiliar with established traffic patterns or project-specific safety procedures.

From a documentation standpoint, contractors should maintain written traffic control plans, daily job hazard analyses, toolbox talk records, equipment inspection reports, and training documentation. If OSHA conducts an inspection following an incident, these documents often demonstrate that the contractor identified foreseeable hazards and implemented reasonable measures to control them before work began.

However, traffic control plans are not merely documents prepared to satisfy contractual requirements or owner specifications. When properly developed and consistently enforced, they serve as one of the most effective tools available to reduce struck-by hazards, improve coordination among multiple trades, and protect employees working in dynamic construction environments. 

In sum, contractors should consider the following: 

• Develop a project-specific Internal Traffic Control Plan rather than relying on a generic template.
• Follow the principles contained in the Manual on Uniform Traffic Control Devices for roadway work when applicable. 
• Utilize guidance from organizations such as the National Institute for Occupational Safety and Health, the American Road & Transportation Builders Association, and state departments of transportation regarding work zone safety.
• Establish designated haul routes, pedestrian-free equipment zones, backing procedures and spotter protocols.
• Review and update the traffic control plan whenever site conditions materially change.

As construction projects continue to become larger and more complex, careful planning of vehicle movement should remain a priority. A well-designed traffic control plan, reinforced through daily communication, ongoing supervision, and periodic reassessment helps ensure worker safety. 

About the author: Costas Cyprus, Esq. is a partner at the firm of Welby, Brady & Greenblatt, LLP, in White Plains, NY.   He practices construction law and commercial litigation, and can be reached at 914-428-2100 and at ccyprus@wbgllp.com. The articles in this series do not constitute legal advice and are intended for general guidance only.

Published: July 16, 2026.