700 CMR 6.06 - Authority of the Authorized Representative

(1) Determination by the Authorized Representative. The Authorized Representative shall determine the number and placement of Road Flaggers and Police Details, if any, within the Construction Zone according to the Construction Zone Safety Plan, 700 CMR 6.00, and any Road Flagger and Police Detail Guidelines.

(2) Preconstruction Conference. The Authorized Representative shall organize a conference with the law enforcement agency or agencies having primary responsibility for patrol of and enforcement of vehicular and criminal law on the Public Road within which the Construction Zone is located prior to the start of any Public Works Project. The purpose of the conference shall be to consult with the law enforcement organization to review the project, the Construction Zone Safety Plan, and the planned use or non-use of Road Flaggers and Police Details on the project. In instances where the Public Works Project is minor, involves routine maintenance, or does not involve a Construction Zone Safety Plan, the conference need not be in person.

(3) Daily and Regular Contact with Law Enforcement. Whenever an Awarding Authority is conducting work on a Public Road that does not involve the use of Police Details, it shall call the law enforcement agency or agencies having primary responsibility for the patrol and enforcement of vehicular and criminal law on the Public Road within which the Construction Zone is located prior to the start of each work day, and shall provide such agency with contact information sufficient for the agency to be in contact with the Awarding Authority at all times.

(4) Final Authority. As authorized by St. 2008, c. 86, § 10, the Authorized Representative shall have the authority to make the final determination on the Setup and the use of Traffic Control Devices in the Construction Zone and the contents of the Construction Zone Safety Plan developed in accordance with 700 CMR 6.00, and shall have control and responsibility over the safety, security, and closure of the Construction Zone.

(5) Report of Noncompliance. The Authorized Representative shall report to the Awarding Authority the facts and circumstances of any noncompliance with 700 CMR 6.00, with any Road Flagger and Police Detail Guideline, or with any final determination of the Authorized Representative.

(6) Alternative Plans. The Authorized Representative may implement the Alternative Plan to the Construction Zone Safety Plan or may use Road Flaggers in place of Police Details or Police Details in place of Road Flaggers when a scheduled Road Flagger or Police Detail is unavailable, fails to report to the Construction Zone, fails to comply with instructions, or otherwise fails to perform required duties outlined in 700 CMR 6.00 or in the Road Flagger and Police Detail Guidelines.

Notes

700 CMR 6.06

Adopted by Mass Register Issue 1423, eff. 8/7/2020.