(a) The department shall update guidance by July 1, 2021, to specify the appropriate use of positive protection measures, including, but not limited to, automated flagger assistance devices, buffer lanes, impact attenuator vehicles, and temporary barriers, with the goal of isolating workers or work zones from traffic.

(b) Where the department’s updated guidance allows, but does not require, use of a safety device, the department shall provide compensation for the optional safety device when requested by a contractor on a public works project of the department.

(c) (1) The department shall submit a report to the Legislature by January 1, 2024, in compliance with § 9795 of the Government Code that includes findings and recommendations on the use of positive protection measures used pursuant to this section.

(2) The requirement for submitting a report imposed under this subdivision is inoperative on January 1, 2028, pursuant to § 10231.5 of the Government Code.

(d) After the report required by subdivision (c) is submitted to the Legislature, the department shall prescribe standards and specifications that are consistent with the updated guidance developed pursuant to subdivision (a) to require the appropriate use of positive protection on all covered activities on the state highway system. In developing these standards and specifications, the department shall solicit input from relevant stakeholders, including, but not limited to, construction labor groups, contractors, utilities, local agencies, and community organizations.

(e) The department may adopt regulations as necessary or appropriate to carry out the purposes of this section. Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code shall not apply to any standard, criterion, procedure, determination, rule, notice, or guideline established or issued by the department pursuant to this section.

(f) (1) A contractor that has requested and received compensation for an optional safety device pursuant to subdivision (b) shall use the optional safety device in conformance with the department’s guidance.

(2) The Division of Occupational Safety and Health, in consultation with the department, may adopt regulations as necessary or appropriate to administer and enforce paragraph (1).

(g) For purposes of this section, the following definitions apply:

(1) “Covered activity” means all construction and maintenance activities performed on a state highway right-of-way, including, but not limited to, utility work and repair activities.

(2) “Positive protection” means barriers or other devices placed between workers and motorized traffic that contain or redirect vehicles and meet applicable crashworthy criteria, as contained in Section 1A.13 of the California Manual on Uniform Traffic Control Devices.

(Amended by Stats. 2023, Ch. 813, Sec. 1. (AB 752) Effective January 1, 2024.)