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Flagger garments for off-duty police officers

Summary A contractors' association asked whether uniformed police working off duty as construction flaggers needed the garments required by OSHA's flagging rule. OSHA said they did when employed by the private contractor and that the garments had to be provided and worn. OSHA archives the letter.
Document
Federal opinion letter
Agency
Occupational Safety and Health Administration (OSHA)
Document number
1975-11-26
Date issued
November 26, 1975
Status
Archived by the agency
OSHA labels this an archive document and warns that it may no longer represent OSHA policy.
Status last verified October 10, 2026
Topics
Workplace Safety OSHA 1926 Flagging Personal Protective Equipment
Source
View the official document

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OSHA labels this an archive document and warns that it may no longer represent OSHA policy. It may no longer reflect the agency's current position. Treat this page as historical context, not current guidance, and verify current law before relying on anything here.
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NOTICE: This is an OSHA Archive Document, and may no longer represent OSHA Policy. It is presented here as historical content, for research and review purposes only.

November 26, 1975
Mr. Leonard Freed
Manager,
Safety and Ecology
Ohio Contractors Association
[Recipient address omitted]
Dear Mr. Freed:
This is in response to your letter dated September 24, 1975, concerning uniformed officers performing the duties of flagmen for private construction contractors while in an off-duty status.
29 CFR 1926.201(a)(2), (Signaling), makes reference to American National Standards Institute (ANSI) D6.1-1961 and applies only to signaling directions by flagmen. 29 CFR 1926.201(a)(4) sets forth specific requirements that flagmen be provided with the required garments and shall wear the required garments while performing the functions of flagmen.
Since the officers that you refer to are employees of a private construction contractor, required garments must be provided for them and worn by the officers while they are working as flagmen, to comply with the Occupational Safety and Health Administration's regulations and standards.
Thank you for your interest in occupational safety and health. If I may be of further assistance, please feel free to contact me.
Sincerely,
John K. Barto, Chief
Division of Occupational Safety Programming

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